Advice on not being able to get Police Clearance Report in Shenzhen

[RufusDawes 12]

As you know, if your beneficiary has lived in a foreign country for more than 6 months you must obtain a police clearance certificate (PCC) from that country for her time there.  This report is presented during the embassy interview.
 

What do you do if it is not possible to obtain the PCC?

 

My Pinay worked as a teacher in Shenzhen China off and on from 2006 through 2014.  She was always issued short term visas, the Type F/L/M visas that are issued for travelers or short term visits.  She would work a school session for 4-5 months then return to the Philippines for a few weeks then return to school to work another session.  She never stayed in Shenzhen for more than 180 days at a time.

China requires that you stay more than 180 days in a city to establish residency, at which time you can be issued a “Residence Permit”.  To obtain a PCC (technically called a Certificate of No Criminal Record) you have to establish residency of more than 180 days and have had a residence permit issued.  Without these two requirements Shenzhen authorities will not issue anyone a PCC.  She had a friend in Shenzhen ask the local authorities on her behalf about the issue, and they confirmed she need a residence permit to get the PCC, which she never had one.

 

So what am I to do if I can't get the PCC, anyone been in this situation that can offer advice?
 

[RufusDawes 12]

This is for anyone else in this predicament, there is a path to victory but it seems there are several hoops to jump through…  in the Department of State Manual they allow for exceptions of required documents that are “unobtainable”… if you search this sight for “unobtainable” there are some good posts regarding the topic… it seems there are three things you must establish and provide evidence of:

[1]  why the documents are unobtainable (through no fault of your own)

 

[2]  detail your efforts to obtain the documents (did you make an attempt with the proper authorities)

 

[3] provide alternative evidence that conveys the same information as the documents that are unobtainable (personal affidavit of conduct, employer letter of good conduct, letters of conduct from friends or coworkers etc.)

 

It seems that this approach can be successful if you take the time to prepare and gather all the evidence needed.  I have decided to hire an attorney who specializes in this area, it is going to be pricey but it is my best option at this time and I am confident they will do a thorough job.

 

[DDDMUC 2]

This is what I found on China (state.gov)

 

Police Records

Available

Fees: Varies.  Normally RMB 200 - 300 (Notarization Fee: RMB 80 + Translation Fee: Non-standard)

Document Name: Notarial certificate (Gong Zheng Shu)

Issuing Authority: Local Notary Public Office (Gong Zheng Chu)

Special Seal(s) / Color / Format:

1. There are two types of notarial police certificates: notarial certificate of no criminal record and notarial certificate of criminal record.
   • Notarial certificate of no criminal record: Certifies that the applicant has no criminal offense during his or her residence in China. It indicates the applicant’s name, gender, date of birth, ID number, and period of residence in China. NOTE: Notarial certificates of no criminal record issued prior to 2012 may not list the ID number.
   • Notarial certificate of criminal record: Certifies the applicant’s criminal offense and sentencing during their residence in China. It indicates the applicant’s name, gender, date of birth, ID number, conviction information, nature and date of conviction, and date of release. Some certificates also attest that the applicant has no other criminal record beyond the convictions already described. NOTE: Notarial certificates of no criminal record issued prior to 2012 may not list the ID number.
      
2. A notarial police certificate normally contains a watermark, seal, and red stamp.  All notarial documents must have an English translation, and be attached to a certificate stating that the English translation is in conformity with the Chinese original.

Issuing Authority Personnel Title: Notary Public (Gong Zheng Yuan)

Registration Criteria:

1. A National ID card and household registration (Hu Kou Bu).  If the applicant lives abroad, a copy of his or her passport is also required. 
2. If the applicant is a foreign passport holder, the following documents are required:
   • Valid passport, and all Chinese residence permits or visas. 
   • Registration form of temporary residence for foreigners. 
   • Chinese permanent resident card if applicable.
3. Certificate of no criminal offense, or certificate of criminal offense, issued by the Public Security Bureau. 
4. Photographs - at least two.
5. A signed affidavit or authorization certificate from the applicant if someone other than the applicant applies for the certificate on his or her behalf.  The authorized person also needs to provide his/her national ID card.   
6. Other documents requested by the Notary Public (Gong Zheng Yuan).

Procedure for Obtaining: 

1. Complete an application and submit all relevant documents to the Notary Public Office (Gong Zheng Chu).
2. The Notary Public then examines the documents.  If the application is accepted, the applicant pays all related notary fees.
3. Once the review of the submitted documents is completed, the notarial police certificate is issued. 

Certified Copies Available: Certified copies are not available.

Alternate Documents: There are no alternate documents.

Exceptions: Police records are not available for those who were in China in diplomatic status including those working for international organizations, such as the United Nations. 

Comments: While standardized procedures to apply for a notarized document exist in China, in practice, procedures vary depending on locale. Applicants should check the website or contact their local Notary Public Office to obtain specific information regarding required fees and supporting documents. 

[DDDMUC 2]

1 hour ago, RufusDawes said:

This is for anyone else in this predicament, there is a path to victory but it seems there are several hoops to jump through…  in the Department of State Manual they allow for exceptions of required documents that are “unobtainable”… if you search this sight for “unobtainable” there are some good posts regarding the topic… it seems there are three things you must establish and provide evidence of:

[1]  why the documents are unobtainable (through no fault of your own)

 

[2]  detail your efforts to obtain the documents (did you make an attempt with the proper authorities)

 

[3] provide alternative evidence that conveys the same information as the documents that are unobtainable (personal affidavit of conduct, employer letter of good conduct, letters of conduct from friends or coworkers etc.)

 

It seems that this approach can be successful if you take the time to prepare and gather all the evidence needed.  I have decided to hire an attorney who specializes in this area, it is going to be pricey but it is my best option at this time and I am confident they will do a thorough job.

 

U.S. Embassy Manila, Philippines - MNL (state.gov)

You mentioned 6 months above.

Police Clearance from other countries: Applicants who have stayed for one (1) year or more upon reaching the age of 16 years are required to obtain a police certificate. Country-specific information on how to secure foreign police certificates is available at travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Edited July 14 by DDDMUC

[RufusDawes 12]

21 minutes ago, DDDMUC said:

This is what I found on China (state.gov)

 

Police Records

Available

Fees: Varies.  Normally RMB 200 - 300 (Notarization Fee: RMB 80 + Translation Fee: Non-standard)

Document Name: Notarial certificate (Gong Zheng Shu)

Issuing Authority: Local Notary Public Office (Gong Zheng Chu)

Special Seal(s) / Color / Format:

1. There are two types of notarial police certificates: notarial certificate of no criminal record and notarial certificate of criminal record.
   • Notarial certificate of no criminal record: Certifies that the applicant has no criminal offense during his or her residence in China. It indicates the applicant’s name, gender, date of birth, ID number, and period of residence in China. NOTE: Notarial certificates of no criminal record issued prior to 2012 may not list the ID number.
   • Notarial certificate of criminal record: Certifies the applicant’s criminal offense and sentencing during their residence in China. It indicates the applicant’s name, gender, date of birth, ID number, conviction information, nature and date of conviction, and date of release. Some certificates also attest that the applicant has no other criminal record beyond the convictions already described. NOTE: Notarial certificates of no criminal record issued prior to 2012 may not list the ID number.
      
2. A notarial police certificate normally contains a watermark, seal, and red stamp.  All notarial documents must have an English translation, and be attached to a certificate stating that the English translation is in conformity with the Chinese original.

Issuing Authority Personnel Title: Notary Public (Gong Zheng Yuan)

Registration Criteria:

1. A National ID card and household registration (Hu Kou Bu).  If the applicant lives abroad, a copy of his or her passport is also required. 
2. If the applicant is a foreign passport holder, the following documents are required:
   • Valid passport, and all Chinese residence permits or visas. 
   • Registration form of temporary residence for foreigners. 
   • Chinese permanent resident card if applicable.
3. Certificate of no criminal offense, or certificate of criminal offense, issued by the Public Security Bureau. 
4. Photographs - at least two.
5. A signed affidavit or authorization certificate from the applicant if someone other than the applicant applies for the certificate on his or her behalf.  The authorized person also needs to provide his/her national ID card.   
6. Other documents requested by the Notary Public (Gong Zheng Yuan).

Procedure for Obtaining: 

1. Complete an application and submit all relevant documents to the Notary Public Office (Gong Zheng Chu).
2. The Notary Public then examines the documents.  If the application is accepted, the applicant pays all related notary fees.
3. Once the review of the submitted documents is completed, the notarial police certificate is issued. 

Certified Copies Available: Certified copies are not available.

Alternate Documents: There are no alternate documents.

Exceptions: Police records are not available for those who were in China in diplomatic status including those working for international organizations, such as the United Nations. 

Comments: While standardized procedures to apply for a notarized document exist in China, in practice, procedures vary depending on locale. Applicants should check the website or contact their local Notary Public Office to obtain specific information regarding required fees and supporting documents. 

 

This is the reciprocity table for documents in China... it says the document is "available" which is an issue with a consular officer, they think you can get it but didn't...

But if you look further in the "Registration Criteria" she does not have items 2 and 3 because her visa type made her ineligible establish residency and be issued a residency permit.

So the document is considered "unobtainable".

[RufusDawes 12]

15 minutes ago, DDDMUC said:

U.S. Embassy Manila, Philippines - MNL (state.gov)

You mentioned 6 months above.

Police Clearance from other countries: Applicants who have stayed for one (1) year or more upon reaching the age of 16 years are required to obtain a police certificate. Country-specific information on how to secure foreign police certificates is available at travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

It is based on 1 year of cumulative time in the country... so if you visit the country 4 months a year the last 5 years you never stayed there for 1 year consecutively, but your cumulative time is greater than 1 year.

I wish it wasn't based on cumulative time, if it wasn't my problem would be solved,

Thanks for posting the information, I do appreciate it!

Edited July 14 by RufusDawes

[DDDMUC 2]

16 minutes ago, RufusDawes said:

 

This is the reciprocity table for documents in China... it says the document is "available" which is an issue with a consular officer, they think you can get it but didn't...

But if you look further in the "Registration Criteria" she does not have items 2 and 3 because her visa type made her ineligible establish residency and be issued a residency permit.

So the document is considered "unobtainable".

My fiancée lived in India for 1 year and Indonesia for 4 years. We are using the below information obtained from Reciprocity Schedule on why we cannot obtain Police Certificates from neither. I hope that's enough to satisfy the Interviewer.

 

India:

 

Police Records

 

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.

 

Indonesia:

 

Police Records

Unavailable for applicants inside and outside Indonesia. Indonesian police certificates require initial processing at a local or village level, which is nonstandard in nature, can be subject to capricious decisions by officials and may require nonofficial payments to proceed further."

 

 

[RufusDawes 12]

7 minutes ago, DDDMUC said:

My fiancée lived in India for 1 year and Indonesia for 4 years. We are using the below information obtained from Reciprocity Schedule on why we cannot obtain Police Certificates from neither. I hope that's enough to satisfy the Interviewer.

 

India:

 

Police Records

 

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.

 

Indonesia:

 

Police Records

Unavailable for applicants inside and outside Indonesia. Indonesian police certificates require initial processing at a local or village level, which is nonstandard in nature, can be subject to capricious decisions by officials and may require nonofficial payments to proceed further."

 

 

 

If the reciprocity table says it is unavailable to you then you are good to go no worries!

Just be able to document everything at the interview why this is true.

You only have minutes at the interview to make your case, so make sure you are well organized with your documents and have practiced answering the questions.

[visaAsks 0]

On 7/14/2024 at 2:19 PM, RufusDawes said:

This is for anyone else in this predicament, there is a path to victory but it seems there are several hoops to jump through…  in the Department of State Manual they allow for exceptions of required documents that are “unobtainable”… if you search this sight for “unobtainable” there are some good posts regarding the topic… it seems there are three things you must establish and provide evidence of:

[1]  why the documents are unobtainable (through no fault of your own)

 

[2]  detail your efforts to obtain the documents (did you make an attempt with the proper authorities)

 

[3] provide alternative evidence that conveys the same information as the documents that are unobtainable (personal affidavit of conduct, employer letter of good conduct, letters of conduct from friends or coworkers etc.)

 

It seems that this approach can be successful if you take the time to prepare and gather all the evidence needed.  I have decided to hire an attorney who specializes in this area, it is going to be pricey but it is my best option at this time and I am confident they will do a thorough job.

 

Hi @RufusDawes,

I'm in the same situation. Were you successful in convincing the Visa reviewer by providing 1/2/3 above? 

Thank you!

[RufusDawes 12]

We are not that far yet, currently waiting for NOA2.

 

On track to potential visa interview at USEM in March, I will update the thread with the outcome.

[RufusDawes 12]

Here is an update... my fiance has a friend who lives in Shenzhen, and we sent her an apostilled SPA to represent her to the local authorities and request a PCC.

The authorities denied the request (she never met the residency requirements) but issued a written refusal... this is gold!  Best outcome outside of getting the PCC, this way we have evidence we tried to obtain the PCC, but it is unobtainable to her.

We can now assemble alternate evidence instead of the PCC.  Very optimistic now for the eventual USEM interview.