Ask the Consul
Police Certificates for Non Immigrant Visa
Question: “If a person is applying for a U.S .non immigrant visa for
tourism, do they need to get a police certificate?” “Also, even if the police
certificate is not required, does it help or is it a good idea to get one
anyway?”
Unlike immigrant visas, applicants for non-immigrant visas for tourism are
not required to provide a police certificate. Most adjudicating officers will
not request this certificate in the interview and will generally not give
additional consideration to those who do present such documents. However,
applicants are required to answer the question truthfully on their application
(DS-156) regarding if they have ever been arrested or committed criminal
offenses –in any country--. If an applicant has a prior arrest record --even if
it happened 20 years ago and even if they were never charged --- they must
answer affirmatively on the application form. If an officer discovers through
other sources that an applicant has a prior arrest that has not been
acknowledged in their visa application, he is likely to reject the entire
application and could determine that an applicant knowingly and deliberately
misrepresented himself or herself. Such a determination under Section
212(a)(6)(C)(i) of the Immigration and Nationality Act would lead to the
applicant being permanently ineligible to receive a visa.
In those cases where an applicant has had a prior arrest, and has
acknowledged it in their application, they should come prepared to the interview
with as much information as possible regarding the arrest. A police certificate
or court record would help the adjudicating officer determine whether the prior
arrest or offense renders the applicant ineligible for a visa. Keep in mind
that in many cases an arrest or offense does not by itself render an applicant
ineligible for a visa. | 
