Unobtainable police certificate from Beijing, China

[Helena55 3]

Hi, everybody! I'm having troubles with getting the PCC from China. I was staying in Beijing 2017-2020 on Business (M) visa. The important thing is that according to my visa conditions I could only stay in China for 3 months per visit, so every 3 months I had to leave and re-enter the country. Now my fiance and I applied for K1 visa and waiting for the interview to be scheduled. Meanwhile I decided to gather all of the documents required for the interview and it turned out I'm ineligible for getting the PCC from China. I contacted a few Chinese-based lawyers, my country's embassy in Beijing and made my Chinese speaking friend call PSB. They all said that the document is unobtainable for me because according to the new rules in order to get the PCC in Beijing I had to live there for 6 month or longer continuously. So if I lived there for 3 months, then left for a vacation, came back for another 3 months, left again etc. I do not match this requirement. I contacted Chinese embassy to ask what I should do in this situation and attached all letters from the lawyers and from my country's embassy in China stating that the document is not available in my circumstances, but all I got back was "The police certificate from China is available, please follow the link"and the link to travel.state.gov Reciprocity table attached. I contacted them again, giving the more detailed explanation of the situation and stating that despite what the website says in practice Beijing will not issue the certificate in my situation and this is the information confirmed by PSB, my embassy in China and multiple agents. I asked if they'll accept the memo written by a Chinese lawyer stating that they made an effort to get the PCC and failed, and they replied "Since the document under consideration is available according to Reciprocity table at travel.state.gov we believe there is no need in any further discussion regarding the matter". I am disheartened because I have no idea what to do in this situation, because even the agents say they cannot get it for me. Not because I lack some documents, not because I did not register at the police station (I have TRRF to cover the whole stay) but simply because I never stayed in China for 6 months continuously as it was not possible on my type of visa. If anybody had the same experience or have any clue what to do and how I can waive the PCC for US embassy, PLEASE help.

[Crazy Cat 41,886]

***I have moved this topic to the China regional forum where similar questions and answers have been posted in the past****

[Helena55 3]

38 minutes ago, Helena55 said:

I contacted Chinese embassy

Sorry, I meant I contacted the US embassy

[RandyW 149]

On 10/26/2021 at 7:17 PM, Helena55 said:

 . . . I contacted a few Chinese-based lawyers, my country's embassy in Beijing and made my Chinese speaking friend call PSB. They all said that the document is unobtainable for me because according to the new rules in order to get the PCC in Beijing I had to live there for 6 month or longer continuously.  . . .

 

You need to find someone either in the PSB where you registered your stay or your employer who is willing to provide a statement of no criminal record 无犯罪记录 (Wú fànzuì jìlù) in Chinese.

 

Take this to the Gong Zheng Chu, or 公证处 for a 未受刑事处分公证书 （wei shou xing shi chu fen gong zheng shu) or "No criminal sanction public certificate".

 

You will want to document ALL contacts made - take names, and take notes about what you were told - in case you are unable to acquire the statement of no criminal record.

 

If this effort fails, you can submit all documentation concerning the effort in lieu of the certificate. Don't ask - simply submit what you have.

 

 

Edited November 8, 2021 by RandyW

[Helena55 3]

7 hours ago, RandyW said:

 

You need to find someone either in the PSB where you registered your stay or your employer who is willing to provide a statement of no criminal record 无犯罪记录 (Wú fànzuì jìlù) in Chinese.

 

Take this to the Gong Zheng Chu, or 公证处 for a 未受刑事处分公证书 （wei shou xing shi chu fen gong zheng shu) or "No criminal sanction public certificate".

 

You will want to document ALL contacts made - take names, and take notes about what you were told - in case you are unable to acquire the statement of no criminal record.

 

If this effort fails, you can submit all documentation concerning the effort in lieu of the certificate. Don't ask - simply submit what you have.

 

 

My friend called PSB the other day and they told her once again I’m not eligible for getting the police clearance from Beijing because I don’t meet “6 months of uninterrupted stay” requirement.
However they said we can try to get a special approval for getting it (even tho I’m ineligible) by bringing the proof that American Embassy actually requested it from me. So my friend will go to them this week and will try to get it this way.

But if it doesn’t work out then it’s almost impossible to document it. They don’t issue a refusal letter or anything, won’t even let you fill out any application if you are ineligible. My friend said they told her to bring all of my documents to take a look at them and if they decide to give me a special approval and issue the certificate they give her the papers to fill out. If no, they don’t give anything, so it’s gonna be difficult to prove I even made an effort to get it. All I have atm is many many refusals from the agents stating they can’t help me to get it, e-mail from Russian Embassy in China who I contacted to get help, stating that I do not meet the 6 months continuous stay requirement, messages of my friend telling me that PSB said I was ineligible, screenshots of chinese based lawyers’ websites stating that if you didn’t stay in  Beijing for 6 months continuously you cannot get the pcc from there, and my visas and passport stamps showing I stayed there for 3 months at the time. Not sure if it’s gonna be enough to waive the pcc requirement during my interview.

 

I found a few people who had the same issue and got the pcc waived with the same proof I have, but they were getting Canadian visas, not the American ones.

[RandyW 149]

Documenting your effort can simply include writing down dates and times, places, and names, if available, along with what happened.

Do what you can - that's all you can do.

A "statement of no criminal" record is just that - it basically states that there is nothing on file. The Gong Zheng Chu can convert that to the white book format.

 

Edited November 9, 2021 by RandyW

[Helena55 3]

For everyone who has the same problem as I did: I found the way to fix it and got my certificate already. I hired a Chinese agent and she was able to get a special approval for me from Beijing Exit and Entry Administration. She doesn’t speak English, only Chinese, but you can communicate through WeChat. Also she charges much cheaper than other agents out there (like lawandborder, zhaozhao, leeo etc) andshe will refund you money if she fails to obtain a document for you (unlike other agents)

She helped me a a few other people I recommended her to. Her WeChat ID is d9761930861213x

Edited January 15, 2022 by Helena55

[RandyW 149]

2 hours ago, Helena55 said:

For everyone who has the same problem as I did: I found the way to fix it and got my certificate already. I hired a Chinese agent and she was able to get a special approval for me from Beijing Exit and Entry Administration. She doesn’t speak English, only Chinese, but you can communicate through WeChat. Also she charges much cheaper than other agents out there (like lawandborder, zhaozhao, leeo etc) andshe will refund you money if she fails to obtain a document for you (unlike other agents)

She helped me a a few other people I recommended her to. Her WeChat ID is d9761930861213x

Thank you very much for reporting back