无法办理中国无犯罪证明该怎么办?

2020.06.17 


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中国无犯罪证明如何申请?

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如果在中国的地方派出所或公安局中国申请无犯罪记录有困难的话怎么办?

方法一:如果您需要移民美国,那么可以去美国驻中国领事馆可能会允许用相关证据来证明你没有犯罪的事实,一般适用于 9 FAM 504.4-4(F)签证,宗教方法:隶属于某个可信赖的宗教组织,并在这个组织所在地居住,这样的证明可能会被接纳并作为证据。在 9 FAM 504.4-4(B)签证里,公司或个人担保声明:个人名义或者雇主名义做的书面证明也可被采纳为证据。

方法二:如您是移民加拿大,可以参考以下链接,关于加拿大移民局给出的方法:

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=035&top=4

方法三:合法取证证明。一般流程如下:

  • 代表您与中国相关部门书面沟通;
  • 如果相关部门拒绝,留底取证;
  • 文书的解释,证明申请被拒绝,不接受复议;
  • 取证关于中国的相关警察证明的规章制度,并且会出具相关文件的译本。

知识扩展:

https://fam.state.gov/fam/09FAM/09FAM050404.html

9 FAM 504.4-4(F) (U) Unobtainable/Unreliable Documents

(CT:VISA-1; 11-18-2015)

a. (U) Unobtainable Documents:

(1) (U) If a required document cannot be procured without causing the applicant or a family member actual hardship, other than normal delay or inconvenience, you may consider it unobtainable, and permit the applicant to submit other satisfactory evidence in lieu of such document or record, per 22 CFR 42.65(d). Use this authority sparingly.

(2) (U) If you find that a required document is unobtainable, you must complete and sign Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, and attach to the Form FS-552 secondary evidence and/or a certificate from the appropriate authority, if obtainable, showing that in this particular case the missing document was never properly recorded.

b. (U) Unreliable Documents: We recognize that some documents may be obtainable, but may also be unreliable either because of local corruption, or the ease with which such documents can be altered or counterfeited. It is, nevertheless, a legal requirement that the applicant present supporting civil and other documents specified in the application procedures if such documents are available. In some instances, you might detect an altered document that might trigger a revealing line of inquiry on the applicant’s criminal record. For example, if you find the presentation of a fraudulent document was an effort to conceal a line of inquiry, which might have resulted in a proper denial of the visa, submit an advisory opinion (AO). On the other hand, if you can establish that presentation of the document clearly involved misrepresentation of an independent ground of ineligibility, the application should be immediately refused under INA 212(a)(6)(C)(i) (8 U.S.C. 1182(a)(6)(C)(i)). In this latter case do not submit an AO.

c. (U) Secondary Evidence in Lieu of Supporting Document: INA 222(b) (8 U.S.C. 1202(b)) prescribes the documentation required of applicants. It will be rare that a document listed as available in Visa Reciprocity and Country Documents Finder is unobtainable. If, however, you are satisfied that a document is unobtainable, you must require substitute documentation or secondary evidence. 22 CFR 42.65(d)(2) requires the consular officer to affix a signed statement describing in detail the reasons for considering the record or document unobtainable and for accepting the particular secondary evidence attached to the visa. (See 22 CFR 42.65(d).) In these cases, the applicant must submit proof of the unavailability of the missing document; for example, a statement from the local authorities that records for the year in question were destroyed by fire, or proof of the attempts made to obtain the document. When accepting substitute documentation or secondary evidence, complete Form FS-552, Certificate Regarding Documents Required by 22 CFR 42.65(b) Which Are Unobtainable, upon which the officer will make the statement required by 22 CFR 42.65(d)(2) and attach the Form FS-552 to the visa.

9 FAM 504.4-4(B) (U) Police Certificates

(CT:VISA-621; 07-09-2018)

a. (U) Police Certificate From Country of Current Residence or Country of Nationality: An applicant 16 or older must present a police certificate, if obtainable, from his or her country of current residence, if residence exceeds six months. Such an applicant must also present a police certificate, if obtainable, from his or her country of nationality, if different from the country of current residence and if residence in the country of nationality exceeds six months. (See Visa Reciprocity and Country Documents Finder for availability of police certificates for individual countries.)

b. (U) Police Certificate From Country of Previous Residence: Police certificates are required from any countries of previous residence in which an applicant has lived for one year or more since attaining the age of 16. If an applicant has presented a comprehensive police certificate fully meeting the requirements of 22 CFR 42.65(c) from the applicant’s country of principal residence, you need not require a police certificate from other places of former residence, provided the applicant presents other satisfactory evidence of good conduct. For example, it has been held that proof of membership in or affiliation with a reputable religious organization in a religious capacity during periods of foreign residence may be accepted as such evidence. However, if you have reason to believe that a police or criminal record which would render the alien ineligible to receive a visa might exist in the foreign country you must require the alien to obtain the police certificate. If the police certificate is not obtainable from the local authorities, the alien must present other convincing evidence that he is not ineligible to receive a visa. (See Visa Reciprocity and Country Documents Finder for availability of police certificates for individual countries.)

c. (U) Police Certificates From Countries Where the Applicant Has Been Arrested: If the applicant has ever been arrested, a police certificate from the country where the arrest took place should be provided, if obtainable.

d. Unavailable.

e. (U) Reporting Availability of Police Certificates to the Department: Consular officers should periodically discuss with the host government the availability and quality of police clearance information, as well as the procedures to be followed for visa applicants to obtain clearances both within and outside the country. Posts should provide information concerning the degree of automation and centralization of records, as well as any purge procedures followed by the host country. Posts should also determine how criminal records are indexed in their nation. The use of a unique national identification number as opposed to nonstandard spellings of names is also significant. Posts should provide background to the Department’s Immigration and Employment Division (CA/VO/F/IE), as well as draft language for inclusion in the Reciprocity Schedule. Posts should clear information among all Department of State consular operations within their country and with the regional security officers (RSOs) and coordinate with like-minded foreign embassies as appropriate.

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