Problem with Hong Kong Police Clearance

[mgraciee02]

My father was petitioned by his US Citizen Sister. The petitioned became current last April 2017, they all had done the medical exam and interview and the only required document was his Police Certificate from Hong Kong. They requested for a Clearance but Hong Kong Police refused to give because of his Overstaying in Hong Kong when he was still an OFW. So the story goes this. He was an OFW back in 1990, he was working so hard. Then he goes back here in Philippines for a Vacation knowing his contract will be renew when he goes back, then his vacation was ended and he goes back to Hong Kong. He still had a Working Visa when he get there, but after 2 days his employer cut his contract but the worst is the employer didnt tell it to my father. He just knew it after a month. So, my father didnt know now what to do so he just chose to stay there. My father wants to sue his employer but unfortunately he dont have all the money to do the due process. Then after 4 years of staying there he decided to surrender to the Hong Kong Immigration. They said he needs to pay $10,000 just for him to just come back here in the Philippines without record but unfotunately he don’t have any so they just imprisoned him for 3 months as a punishment because of the Breach Of Contract. Then after the 3 months, they let him signed some contacts and the case was dismissed and let him go and come back here in Philippines.

So, do u think there is an effect in the issuing of his US Immigrant Visa? Thank you.

[rayb]

There is no "silver bullet" to help your dad get an HK clearance. A friend of ours had a similar experience with trying to obtain an Israeli police clearance, but was refused because she, too, had been an overstay from her her work visa in Israel. The U.S. Embassy in Manila finally waived the Israeli clearance requirement when she provided a solid explanation for her Israeli overstay and inability to obtain even an explanation from the Israeli Embassy for their refusal to assist her in obtaining an Israeli clearance.

--Ray B

My father was petitioned by his US Citizen Sister. The petitioned became current last April 2017, they all had done the medical exam and interview and the only required document was his Police Certificate from Hong Kong. They requested for a Clearance but Hong Kong Police refused to give because of his Overstaying in Hong Kong when he was still an OFW. So the story goes this. He was an OFW back in 1990, he was working so hard. Then he goes back here in Philippines for a Vacation knowing his contract will be renew when he goes back, then his vacation was ended and he goes back to Hong Kong. He still had a Working Visa when he get there, but after 2 days his employer cut his contract but the worst is the employer didnt tell it to my father. He just knew it after a month. So, my father didnt know now what to do so he just chose to stay there. My father wants to sue his employer but unfortunately he dont have all the money to do the due process. Then after 4 years of staying there he decided to surrender to the Hong Kong Immigration. They said he needs to pay $10,000 just for him to just come back here in the Philippines without record but unfotunately he don’t have any so they just imprisoned him for 3 months as a punishment because of the Breach Of Contract. Then after the 3 months, they let him signed some contacts and the case was dismissed and let him go and come back here in Philippines.

So, do u think there is an effect in the issuing of his US Immigrant Visa? Thank you.

[mgraciee02]

There is no "silver bullet" to help your dad get an HK clearance. A friend of ours had a similar experience with trying to obtain an Israeli police clearance, but was refused because she, too, had been an overstay from her her work visa in Israel. The U.S. Embassy in Manila finally waived the Israeli clearance requirement when she provided a solid explanation for her Israeli overstay and inability to obtain even an explanation from the Israeli Embassy for their refusal to assist her in obtaining an Israeli clearance.

--Ray B

But does US Embassy issued ur friend a US immigrant Visa?

[rayb]

Yes, the Manila U.S. Embassy finally waived the Israeli police clearance. She had been refused the clearance by Israel; the Israeli Embassy in Manila wouldn't even give her a statement explaining why they would not give her the clearance; and her explanation to the U.S. Embassy was persuasive enough to waive the requirement. That would not necessarily work for everyone, but Israel is well known for being a "hard case" in situations like this. A Palestinian from Israel once told me that Israel may be tough, but it is simply "black and white" with them, given the pressure Israel is under with other ethnic groups living there or other nationals working in Israel. The person I am talking about was a few month overstay on a domestic worker visa and she was jailed in Israel for over a month.

There are some similarities in what you describe as your experience, but you will need to provide dates and reasons if interviewing at the Embassy. If your paperwork is still at the NVC, it may stay buried there, because the NVC is so anonymous in its enforcement of rules.

--Ray B

But does US Embassy issued ur friend a US immigrant Visa?

[mgraciee02]

Yes, the Manila U.S. Embassy finally waived the Israeli police clearance. She had been refused the clearance by Israel; the Israeli Embassy in Manila wouldn't even give her a statement explaining why they would not give her the clearance; and her explanation to the U.S. Embassy was persuasive enough to waive the requirement. That would not necessarily work for everyone, but Israel is well known for being a "hard case" in situations like this. A Palestinian from Israel once told me that Israel may be tough, but it is simply "black and white" with them, given the pressure Israel is under with other ethnic groups living there or other nationals working in Israel. The person I am talking about was a few month overstay on a domestic worker visa and she was jailed in Israel for over a month.

There are some similarities in what you describe as your experience, but you will need to provide dates and reasons if interviewing at the Embassy. If your paperwork is still at the NVC, it may stay buried there, because the NVC is so anonymous in its enforcement of rules.

--Ray B

Thank you so much for that Sir. It gaved us some hopes. And also sir, where can we request a copy of the Approval Date? Coz my Aunt can’t find her copy of the Approval date and they need it for my case sir. Thanks

[rayb]

The Approval Date must come from the form I-797 that was sent by USCIS. If you can find the USCIS receipt number, the approval date might still show on the USCIS status page.

--Ray B

Thank you so much for that Sir. It gaved us some hopes. And also sir, where can we request a copy of the Approval Date? Coz my Aunt can’t find her copy of the Approval date and they need it for my case sir. Thanks

[mgraciee02]

The Approval Date must come from the form I-797 that was sent by USCIS. If you can find the USCIS receipt number, the approval date might still show on the USCIS status page.

--Ray B

My Aunt, who is the petitioner can’t find the USCIS receipt number sir. Can we ask a copy or just ask the Approval date in NVC or US Embassy sir?

[rayb]

If the original paperwork was completed correctly, the aunt should have received the receipt number by email and postal mail both after the petition was submitted and when the petition was approved. If the aunt can't find anything from those USCIS contacts, she can call USCIS and ask for a search by petitioner name.

--Ray B

My Aunt, who is the petitioner can’t find the USCIS receipt number sir. Can we ask a copy or just ask the Approval date in NVC or US Embassy sir?

[mgraciee02]

If the original paperwork was completed correctly, the aunt should have received the receipt number by email and postal mail both after the petition was submitted and when the petition was approved. If the aunt can't find anything from those USCIS contacts, she can call USCIS and ask for a search by petitioner name.

--Ray B

Thank you so much sir!

[mgraciee02]

If the original paperwork was completed correctly, the aunt should have received the receipt number by email and postal mail both after the petition was submitted and when the petition was approved. If the aunt can't find anything from those USCIS contacts, she can call USCIS and ask for a search by petitioner name.

--Ray B

Hello sir, would like to ask. If someone who went under Sputum in the Medical Exam. Then they will undergo Re-Medical would they undergo Sputum again if for example the Medical has no abnormalities?

[rayb]

If the sputum testing was recent, there shouldn't be a repeat.

---Ray B

Hello sir, would like to ask. If someone who went under Sputum in the Medical Exam. Then they will undergo Re-Medical would they undergo Sputum again if for example the Medical has no abnormalities?

[mgraciee02]

If the sputum testing was recent, there shouldn't be a repeat.

---Ray B

Their Medical Exam will expire tomorrow sir October 21. Do they need to ask US embassy if they will Re-Medical now or they can just go anytime sir? And they will not undergo Sputum testing again if the results were all clear right sir?

[rayb]

Your medical exam completion must be less than 6 months to use the visa.

--Ray B

Their Medical Exam will expire tomorrow sir October 21. Do they need to ask US embassy if they will Re-Medical now or they can just go anytime sir? And they will not undergo Sputum testing again if the results were all clear right sir?

[mgraciee02]

Your medical exam completion must be less than 6 months to use the visa.

--Ray B

My parents Medical Exam results were just Expired this October 21 sir. In their first Medical Exam they underwent Sputum Testing. Now, they are just waiting for a Notice so they can do their Medical Exam again sir. If the results will clear they will not undergo Sputum Testing again right sir? Coz we are so worried if it will cause 2 months delay again. And will they go to an interview again sir or they will just submit results? Thanks sir