Legal Eagle - Police clearance to become mandatory

Nandini P. Nair is a US Immigration Attorney based in Stamford, USA. E-mail: dininair@aol.com

US Immigration Attorney Nandini Nair says that police clearance is a crucial factor under immigration rules

A new regulation proposed by the US government would require the registration and monitoring of certain non-immigrants. Non-immigrants from certain designated countries, and aliens identified by INS inspectors upon specific criteria to be established by the Department of Justice, will be required to submit fingerprints and officially register at the time of their arrival. Thirty days after their arrival, and every year thereafter, they will be required to appear in person at an INS field office and submit proof of residence and other evidence relating to their status in the US. They will also be required to notify an INS agent of their departure from the US.

My sister who is a US citizen has applied for green card and I have got my visa call, which has come after 15 years. My question is that my son, who is 18 years of age will be coming with us, does he also need a police clearance?

—Kailash Nabar

Yes, it is mandatory for your son to obtain a police clearance. All Indian Immigrant applicants age 16 and above, residing in India, should obtain police certificates from the local passport office. If he has just received his Indian passport issued within the past six months, then he can just present the passport office police certificate and does not need to obtain additional police clearances. Also, the following have to obtain police clearances

• Applicants over age 16 whose passports were issued more than six months previous to visa application.
• Indian passport holders applying for visas outside India should obtain a statement from their local embassy confirming they have no criminal record.
• Non-Indian applicants residing in India should obtain police certificates from the district police station serving their area of residence.

Indian police certificates are not available for foreign (Non-Indian) applicants applying outside India.