Immigrant Visa Case Question

[passingtime123 4]

Background:

-Overstayed visitor visa (arrived in 1987 at age 4). 

-601-A approved, father is the petitioner, DACA recipient since the program was introduced

-Given approval after 10-15 mins interview.

-Changed to refused a couple of days later due to not having the police clearance cert. from the regional passport office. The officer didn't even ask for this doc and questioned all of my US addresses. 

-NVC DQ the case without the PCC

-Lawyers stated that I don't need this since this is for Indian nationals over the age of 16 and living in India.

-Received a second 221g after sending in a doc that was rejected by Consulate.

-Lawyers provided letter to the Consulate explaining their own guidelines and additional docs establishing US residence (in addition to docs sent to the NVC that were returned to me a few mins prior to the interview).

 

-The case went from refused, AP, ready (a couple of date changes under the ready status). 

 

I'm trying to figure out if the Consulate will still request the police cert or will use their own databases to verify my criminal background? I don't have a criminal record and have submitted biometrics to the USCIS many times. I included this comment as part of the package submission in a hand written letter to the Consulate. I'm worried this will drag on forever. 

 

 

[Mike E 11,739]

8 minutes ago, passingtime123 said:

I'm trying to figure out if the Consulate will still request the police cert

It might. It would be ridiculous but we have seen it before. See: 

 

[passingtime123 4]

I would assume the Consulate would have refused the additional docs again when received the same day for not having the PCC?

They did that when I made an attempt to get one from the local police dept from my last address here in 1987. 

 

In my hand written response I clearly stated my continuous presence in the US and cited their own guidelines for who needs a PCC. The Indian PCC requires an Indian address, which I don't have and was refused a PCC when I went to the passport office.

 

It's just mind boggling that the consulate wasn't able to interpret their own guidelines after reviewing my documents (US driver's license, tax returns, inquiring about my addresses, length of time in the US, 601-A waiver, USCIS work permit, etc.) and conclude that the PCC would be unobtainable and any other doc requiring statement of no criminal record from the US would be unobtainable since I'm now in India and have no way home without a Visa. 

[Boiler 45,482]

So the issue is your address? 

 

You are Indian and seemingly in India. 

 

Is that correct? The easiest solution would be to submit a Police Certificate 

[passingtime123 4]

1 minute ago, Boiler said:

So the issue is your address? 

 

You are Indian and seemingly in India. 

 

Is that correct? The easiest solution would be to submit a Police Certificate 

I've been in the US since 4. I don't live in India. I'm only here for the interview. 

[Boiler 45,482]

3 minutes ago, passingtime123 said:

I've been in the US since 4. I don't live in India. I'm only here for the interview. 

You mentioned that.

 

My recollection is that this is required and that the 6 months over 16 only applies to other countries 

[passingtime123 4]

1 minute ago, Boiler said:

You mentioned that.

 

My recollection is that this is required and that the 6 months over 16 only applies to other countries 

I was told it isn't from my attorney. The attorney cited the DOS reciprocity schedule for India in response to the second 221g.  Also, the Indian regional passport office requires address verification. I don't have this since I don't live here. This doc is impossible to acquire. Just hoping the consulate can use their own security databases and run my name. USCIS has done this multiple times.  There should be some communication between these organizations to quickly resolve issues. 

[Boiler 45,482]

Do you not have your Indian Passport? 

 

I looked it up you need a Indian Police Clearance Certificate and there are no exceptions

 

On the assumption your Lawyer seems to think you are not residing in India when you are Indian and are in India, well that seems a stretch and would explain the delay.

[appleblossom 2,483]

46 minutes ago, passingtime123 said:

I was told it isn't from my attorney. The attorney cited the DOS reciprocity schedule for India in response to the second 221g.  

 

The schedule says that "Indian passport holders residing outside India – statement of no criminal record" is required. So just checking, but has this been provided?

[Boiler 45,482]

10 minutes ago, appleblossom said:

 

The schedule says that "Indian passport holders residing outside India – statement of no criminal record" is required. So just checking, but has this been provided?

So where is the OP residing?

[appleblossom 2,483]

14 minutes ago, Boiler said:

So where is the OP residing?

 

Guess it depends on definition of residing versus visiting. But my point is that a document is required either way, so just checking that the OP's lawyers have submitted the statement mentioned above, because if they haven't then that may explain it.

[passingtime123 4]

11 minutes ago, appleblossom said:

 

Guess it depends on definition of residing versus visiting. But my point is that a document is required either way, so just checking that the OP's lawyers have submitted the statement mentioned above, because if they haven't then that may explain it.

What you mentioned doesn’t include that the statement has to be from a consulate in the US. I wasn’t aware of this requirement when I left the US for this interview. I was only aware of the Pcc and assumed the biometrics submitted in india would be used for all criminal background searches. 

 

what I’m trying to get at is.. since the consulate received the response from my attorney, do you think they are conducting their own security searches? If yes, I’m assuming this will be used as a substitute for the Pcc??? I believe consulates have discretion to use alternative documents or waive requirements if a doc is not obtainable. 
 

I’ve noticed the status change from refused, AP, ready this week.. it’s following the pattern of approvals I’ve been reading. 

[Boiler 45,482]

The checks they do are not a substitute for the Police Certificate, they check against their databases.

 

I have seen a lot of weird stuff but do not remember them waiving a Police Certificate.

 

You may be the first!

[passingtime123 4]

4 minutes ago, Boiler said:

The checks they do are not a substitute for the Police Certificate, they check against their databases.

 

I have seen a lot of weird stuff but do not remember them waiving a Police Certificate.

 

You may be the first!

According to the DOS guidelines for india, I don’t even need one. And the statement of no criminal record I don’t have (I believe this is just the Indian consulate running a police search in the US?). Seems like this would be equivalent to a biometrics search? 

I did provide a Pcc from the local police but the consulate required one from the regional passport office. I got a second 221g because of this and got my attorney involved to write a response. 
 

seems it would be odd to deny a visa over this when USCiS has investigated my background many times. (7-8 biometric submissions the last 15 years) 
 

also, if the consulate decides to not accept the attorney”s response, why wait a whole week to refuse or deny? The local police dept Pcc was rejected the same day they received.
 

The current status is ready.

 

[Boiler 45,482]

Police Certificates

Available

Fees: Varies by authority.

Document Name:

All Indian nationals aged 16 and above, residing in India - Indian Police Clearance Certificate.

Indian passport holders residing outside India – statement of no criminal record

Non-Indian applicants residing in India who are registered with the Foreigner Regional Registration Office (FRRO) – Police Clearance Certificate

Non-Indian applicants who reside in India and are not FRRO registered (such as Tibetan Identity certificate holders) - Police Clearance Certificate

Issuing Authority:

All Indian nationals aged 16 and above, residing in India - Regional Passport Office.

Indian passport holders residing outside India – The local Indian Embassy, Consulate, High Commission, or Deputy High Commission.

Non-Indian applicants residing in India who are registered with the Foreigner Regional Registration Office (FRRO) - The FRRO serving their area of residence.

Non-Indian applicants who reside in India and are not FRRO registered (such as Tibetan Identity certificate holders) - District Police Station serving their area of residence.

Special Seal(s) / Color / Format: All police clearance certificates from regional passport offices have a similar format.  The header bears the symbol of India’s Central government (three lions), and contains the contact information of the regional office, issuance date, file number, and applicant photograph.  It is signed and stamped by the Ministry of External Affairs.  Police clearance certificates issued by other authorities vary in format.

Issuing Authority Personnel Title: There is no issuing authority personnel title

Registration Criteria: Varies by authority

Procedure for Obtaining:  Varies by authority

Certified Copies Available: Applicants obtain original police clearance certificates from police authorities.

Alternate Documents: There are no alternate documents

Exceptions: None

Comments: Police certificates are only available for Indian nationals and non-Indian nationals currently living in India. Indian police certificates are not available for foreign (non-Indian) nationals applying outside India.

 

If you’re at least 16 years old, you must submit a police clearance certificate from each of the following countries (except the United States), whether or not you’ve ever been arrested there:

Your country of nationality if you’ve lived there for at least six months at any time in your life

 

It seems pretty straightforward, you are asking for an exception so hence the delay. Hopefully you will be granted one, I think you would have been better advised to obtain the Certificate, but that is between you and your Lawyer.