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Ely, Counselor at Law
Category: Immigration Law
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Experience:  Private practice in several areas, including immigration
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I am the petitioner for my husband. His interview is at the

Customer Question

I am the petitioner for my husband. His interview is at the Juarez, Mexico location. I'm freaking out because I keep receiving severa different answers when supplying the police certificate to the interview. For example on our interview letter in the casual writing it states that he may need a police certificate and on the individualized list it lists an X next to the police records part. In the key provided the X = this document is unobtainable.
I have no clue what to do...
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Specifically what police record is being requested?

Police Records

Available. There are three main policing agencies in Mexico: Municipal Police (Policía Municipal); State Police (Fiscalia General del Estado de XXX); and Federal Police (Procuraduría General de la Republica). Records are not generally shared between the policing agencies, leading to the requirement for police clearances from all three policing agencies when there are concerns about a subject’s criminal history. In addition, police records will only reflect arrests that resulted in convictions. Subjects that present certificates of No Antecedentes Policiacos or No Antecedentes Penales could still have been arrested as part of an investigation, but they were never convicted of the crime.

Police Records – Local Municipality Records

Available. The Municipal Police (Policía Municipal) are responsible for administrative processes (public intoxication, public disorderly conduct, domestic violence without injuries, etc.). A record for a state or federal crime could exist in their database, but only if the detention was made initially by the Municipal Police.

Individuals may obtain a certificate of No Antecedentes Policiacos (no police record) by visiting the local Police Department. This varies according to the Municipality and sometimes you need to visit the District Attorney’s Office in the state capital to obtain this certificate.

Police Records – State Police Records

Available. The State Police (Fiscalia General del Estado de XXX) are responsible for auto theft, burglary, murder, assault (all types), etc. The State Police can provide a Carta or Certificado De No Antecedentes Penales (while titled the same as the certificate provided by the Federal Police, these are two distinct certificates that reflect different police records).

In Mexico the process and the cost of obtaining a Carta/Certificado de no Antecedentes Penales varies by state; however, there are a few items that usually remain constant. In each case the request must be made at the designated government office in person, copies of birth certificate, official ID, and photographs must be presented along with a payment that could vary from 50.00 Mexican pesos to 265.80 Mexican pesos depending on the state.

In the state of Colima the Carta de no Antecedentes Penales is obtained through a government service kiosk. The state of Sinaloa allows the process and the payment to be completed through the Sinaloa.gob web-site; however, the Carta must be picked up in person at an appropriate government office. Veracruz does not provide this letter to incumbents unless the request originates from a competent authority by sending an official request letterhead including letterhead, name, job title, email address, phone number, and seal of office. There is no charge for this service.

Police Records – Federal Police Records

Available. The Federal Police (Procuraduría General de la Republica- PGR) are responsible for piracy, money laundering, drug charges, and weapon charges. The Federal Police can provide a Carta or Certificado De No Antecedentes Penales (while titled the same as the certificate provided by the State Police, these are two distinct certificates that reflect different police records).

In order to obtain information on how to acquire the Carta, subjects should visithttp://www.pgr.gob.mx/.

Judith

Customer: replied 11 months ago.
if his letter says, "X=This document is Unobtainable" and he has no criminal record whatsoever, is it true that we do not need to obtain and present a document stating that no criminal record exists?
Expert:  Judith Ludwic replied 11 months ago.

It would appear that according to US Dept of State information the State where he lived does not have a certificate available and therefore they have notified the applicant (your husband) that is is unavailable. He would therefore, not be required to provide that document and does not need to obtain and present this document.

He cannot provide that which is unavailable and recognized as such by the consulate.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith.