Does my wife (permanent resident) need a police clarence report for a marriage based green card interview?

Hi. My wife and I went to green card interview couple of days ago. First think the officer asked us was that why we didnt have the police clearance report for my wife. I am the applicant and she the permanent resident. They told us they were gonna call us for another interview because of that. I just wonder if she has to file the police clearance report for an interview with not being the applicant and if she had a criminal before but the case was closed does it effect anything about the interview? Thank U.

Florida -

Attorney Answers (2)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney
Answered

Watch out! The only good reason that the examiner would ask your wife, the petitioner, for a police clearance would be if he thinks that she has a criminal record and might be deportable.

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Naima M Said

Naima M Said

Immigration Attorney
Answered

There is no such thing as a "police clearance" in adjustment of status cases. Ask your wife if she was arrested - even if the charges were withdrawn, dismissed etc. Go the court where she appeared and ask the criminal court clerk for a disposition of arrest. If she does have a criminal record but did not disclose it in her application or at the interview, you will receive a letter from USCIS. If that happens, see an immigration lawyer immediately. Good luck.

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