Crime - Must I Clear My Criminal Record First Before Applying For The Refugee Programme

If you have a small criminal record in South Africa from a long time ago and you are trying to remove it from your record (expungement) through the Department of Justice, you might be wondering if you should wait until the expungement is finished before you write it on your USRAP application forms.

The answer is no – do not wait, and do not hide it.

The USRAP system uses biometric checks (fingerprints, photos) that connect directly to international and South African police (SAPS) databases. If you hide a record because you think it was expunged, USCIS will immediately deny your application for fraud – lying on your forms.

You must give the original certified copy of your conviction record, the court outcome (called DISPOSITION), and a SAPS Police Clearance Certificate, even if the certificate still shows the old record.

With Love
Accidental Refugee

Source:

ROLDAN, 22 I. & N. Dec. 512 (BIA 1999) - The court ruling affirming that an expungement does not erase a conviction for immigration. 

USCIS Policy Manual (Chapter 2)Refugee Processing and Security Screening U.S. Department of State (Archive) U.S. Embassy & Consulates in South Africa U.S. Embassy & Consulates in South AfricaOMB Report (USRAP Intake Questionnaire)SAPS Official FAQ -SAPS Official Website Department of International Relations (DIRCO) South African Government (Section 271B) Judicial Matters Amendment Act (2023)