China No Criminal Record Certificate for EB-5 and US Visa Applications

The No Criminal Record Certificate — also called a police clearance certificate or background check certificate — is a required document for the Guangzhou consular interview in the EB-5 immigrant visa process. Getting it wrong delays your case. Getting it too early means it expires before your interview. The process is bureaucratically specific and worth understanding before you start.

What It Is and Why It's Required

The No Criminal Record Certificate (无犯罪记录证明) is issued by China's Public Security Bureau (PSB) and confirms that the applicant has no criminal record in China. The US Department of State requires it for all immigrant visa applicants who have lived in China for six months or longer, regardless of nationality.

For EB-5 investors, this applies to the investor, their spouse, and any dependent children aged 16 and older who reside in China. Every covered family member must obtain a separate certificate.

Where to Apply: Chinese Citizens vs. Foreign Residents

The application location depends on your status in China.

Chinese citizens: Apply at the Public Security Bureau at your place of household registration (户籍所在地). This is the PSB office in the administrative district where your hukou is registered, not necessarily where you currently live. If you moved cities years ago but never transferred your hukou, you must return to your original registration location.

Foreign nationals residing in China: Apply at the Entry-Exit Administration Bureau of the city where you have resided. Foreign nationals must have at least 180 days of actual residence in China to obtain the certificate. The required documents typically include your passport, residence permit, and documentation confirming the duration of your stay.

The Document Chain: Notarization and Apostille

A raw PSB certificate is not acceptable for the Guangzhou consular interview. It must go through a two-step authentication process:

Step 1: Notarization. The original PSB certificate must be notarized at a local Chinese Notary Public Office (公证处). The notary verifies the authenticity of the PSB seal and provides an official certified copy, typically with an accompanying Chinese-to-English translation. The notary office should be located in the same city or province as the issuing PSB office — some provincial-level notaries handle cases more efficiently than district-level offices.

Step 2: Apostille. Following China's accession to the Hague Apostille Convention in November 2023, the authentication chain simplified. The notarized certificate is submitted to the Ministry of Foreign Affairs or an authorized provincial-level Foreign Affairs Office (FAO) to receive the Apostille sticker. This replaced the previous three-step process (notary → MFA → US Consulate authentication), reducing the timeline from approximately 20 working days to a few business days.

The Apostille is attached to the notarized certificate and confirms its authenticity for use in countries that are parties to the Hague Convention — including the United States.

Validity Period: Timing Is Everything

Most US immigration authorities consider a Chinese police certificate valid for only six months from the date of issuance. This is the critical timing variable.

The certificate must still be valid at the time of your Guangzhou consular interview. If your interview is scheduled eight months after you obtained the certificate, it has expired for immigration purposes and you need a new one.

The practical challenge: you cannot always predict when your interview will be scheduled. Guangzhou appointment wait times as of 2026 range from six to twelve months from when the NVC transfers your case, and the exact date is assigned by the consulate. Obtaining your certificate too early means it may expire before you use it.

Recommended timing approach: Do not obtain the No Criminal Record Certificate until after you receive the NVC's appointment scheduling notice or are told that interview scheduling is imminent. Most practitioners recommend initiating the process when your case is formally at the NVC and you have a general sense of the interview timeline.

If you obtain a certificate and it expires before the interview, you simply apply for a new one. The process is repeatable. What you want to avoid is arriving at the interview with an expired certificate, which creates a delay — the consular officer may issue a Section 221(g) pending receipt of a valid certificate.

For Applicants Outside China at Time of Application

If you are living outside China when your Guangzhou interview is scheduled but have lived in China for six months or more, you may need to arrange the PSB certificate remotely or during a visit to China.

For Chinese citizens, a power of attorney can sometimes be used to have a family member initiate the application at the hukou-registration PSB on your behalf — but this varies by locality, and some PSB offices require the applicant to appear in person. Confirm the local requirements before planning.

For applicants who left China permanently, some consular posts will accept a police clearance from China through an alternative channel if physical return is impractical. Discuss this with your immigration attorney well in advance of the interview, not at the last minute.

Including It in Your Document Package

At the Guangzhou interview, bring the original notarized and apostilled certificate. Also bring a photocopy for the officer's records file. The certificate should be clearly labeled and positioned in your document package alongside the other required items: passport, DS-260 confirmation, I-526E approval notice, medical exam results, and relationship documents.

If you are applying with family members, each covered family member's certificate should be presented under their own documentation section of the package. Do not bundle them together in a way that makes it unclear which certificate belongs to which applicant.

The complete Guangzhou consular interview preparation checklist, including document order and timing guidance for all required items, is in the China → US EB-5 guide at /from-china/us-eb5/.

See more United States guides →