she lives in his home in Montenegro while he lives in MI USA since he is perm. resd.. She dose not have citzenship in montenegro. at her interview they requested her to come back with police clearance from her current city, tuzi, montenegro. Montenegro dose not give police clearance to non citz. just court clearnance. any adive on what to do? i doubt she will be able to obtain GC w/o the police clearance. all other documents are in order.they also have 2 children together 16/14 yr olds. my fatherinlaw applied for the kids as well to be able to accompany their mother...
Available. Citizens of Montenegro may obtain police certificates (Izvod iz kaznjene evidencije) from the Ministry for Internal Affairs (MUP - Ministarstvo unutrasnjih poslova); that is, the police authority, at a person's permanent residence. People who reside in the same district where they were born will have the fastest service, as all civil records are maintained at the citizen's place of birth. For citizens born in a different district from where they reside, the police authority will request information from the person's town of birth, and the response time will vary. Based on input from the place of birth, police at the place of residence will issue the final official version of the certificate.
The police certificate documents whether the applicant has been convicted of any crimes and the articles of law involved. Note that in many cases, convictions can be expunged after ten years. Thus, the record may not be complete beyond ten years, but it is the best and only record available. It should include any convictions in other former Yugoslav republics prior to their independence, so that if someone lived in one of those republics after their independence they must also obtain a police record from that country. This certificate should not be confused with the certificates issued by courts (Sudsko uverenje) that cover only the period of the past six months and indicate the absence of any investigation, charge or conviction in that period.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
She must provide what she can, and therefore the court clearance will have to suffice.
Your father in law should be working on this here as well, and should engage an immigration specialist to assist in the process. There are complex and bureaucratic procedures and any nistake can result in delay, if not flat denial.
To the PROSPECTIVE client, please call myself or another attorney for you choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .
Mr. Ferrari is correct. The US government wouldn't request something that can't be obtained.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.
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