Alimony, Support and Division of Assets Explained in Pennsylvania

Spousal Support

Spousal Support is available to a married spouse, when the couple resides in separate homes and one spouse earns more than the other spouse. There are defenses against spousal support and it is important to have an attorney assist you in your claim for or against spousal support.

Alimony Pendente Lite

Alimony Pendente Lite is a type of support that is limited in nature and paid to the lesser income earning spouse by the higher income earning spouse in accordance to a statutory formula until the divorce is finalized. This support was enacted to equalize the parties incomes during the divorce proceedings and allow each spouse to afford the divorce process and expenses.

Alimony

In Pennsylvania, there is not a set formula to determine post-divorce alimony. Whether or not to award post-divorce alimony payments lies within the exclusive discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.

The 17 Factors of Alimony

  • The relative earnings of both spouses.
  • The duration of the marriage.
  • The ages and physical, mental and emotional states of the two spouses.
  • The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
  • The expected future earnings and inheritances of the two spouses.
  • The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
  • The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
  • The standard of living of the spouses established during the marriage.
  • The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
  • The relative assets and liabilities of the two spouses.
  • The property each spouse brought to the marriage.
  • The degree a spouse contributed as a homemaker.
  • The relative needs of the two spouses.
  • The marital misconduct of either of the spouses during the marriage.
  • The federal, state and local tax consequences of the alimony.
  • Whether the spouse seeking alimony lacks sufficient property to provide for their reasonable needs.
  • Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.

[1] Title 7, Pennsylvania Code, ยง6102.

Division of Assests

In Pennsylvania “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, marital property does not include:

Veterans’ benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans’ compensation.

Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

Pennsylvania states that the increase in value of any non-marital property acquired pursuant to subsection shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase.

Studying Abroad – Top Reasons and Benefits That Can Change One’s Life

An abroad country is referred to as by many as one of the best place one can look to migrate to, to live in, travel or study. It is a very strong and viable choice for anyone looking to travel to for any purpose because of its hospitality, the services and the lifestyle. However, one main reason that will attract young adults and students is its educational facilities. In abroad you got an excellent range of universities, schools which offers varied streams and courses to suit the masses. Many people every year migrate to and stay in overseas countries for the sole purpose of education, learning skills from their preferred courses. They end up availing the services of good study visa consultants before they do so.

Studying in any country abroad in today’s age isn’t like what it used to be decades ago. Students now have multiple avenues that can help them reach abroad, get enrolled in a suitable course and much more. They also have the most reason to study abroad because of the system of education they have in own country. The education system is highly competitive, and each year it gets worse with higher cutoffs and with quotas or reservations for seats. A promising student might thus, miss out on proper education solely on either of these two factors.

When looking to study in overseas universities, one wouldn’t have to face such factors. Merit is given more importance than simply the marks they got in their previous education. As a result, studying in a developed country is simply a country where any student can get a chance at top notch, quality education without any compromise or restrictions. There are a lot more reasons which compel all the students travelling abroad to study.

Top Reasons why visiting Abroad to Study is a Great Decision for Prospective Students:

a) Finance and Expenditure:

Many people used to be on the bench about travelling to other countries to study because they thought how expensive the whole ordeal would cost them. They would think that their parents would be unable to afford their course fees and their stay. All these fears are now debunked with the loans and schemes available to all students.

Students can take loans at attractive EMIs, which will pay for their fees and other financial aspects of their visit to abroad. Apart from this, Students can also apply for scholarship programs which can help them cover the costs of fees and reduce their expenditure.

b) Well-recognized Education Degrees:

A student might naturally choose to pursue their career after completing their course in an abroad university itself, in some other country, or return back. All this is completely fine since degrees from good universities and colleges are recognized in all countries

c) Enjoy different Cultures and Societies:

Any student who travels to any other country, will certainly enjoy the culture and societal make-up. A student will find it easier to assimilate because of cultural references.

To avoid any types of risks to the student’s security, their abroad education consultants will help them get by peacefully. They will make sure that they get placed in only the most secure place they can find, where they will be assimilate and stay peacefully.

d) Professional Help from Valuable Sources:

Students looking to travel abroad to study should know that they won’t be alone in their efforts, nor will their parents. This is because all students looking to study abroad will receive support from education consultants.

These study visa consultants will include of trained and certified professionals who will help the students realize their potential. They will also see to it that the students settle in correctly, acting like a guardian in place of their parents, instructing them and reporting on them to their parents.

There a lot more reasons why studying in abroad countries yields more benefits than staying in one’s own country for studying. All students looking to visit a new country, as a result, will not only enjoy these benefits of studying there, but also get to explore a new country, learn the culture, and make new friends, relations and much more.

What You Need to Know About the Increase in Traffic Fatalities in South Carolina

In response to a recent report issued by South Carolina Highway Patrol, there has been an increase in traffic fatalities in South Carolina. South Carolina has seen a whopping 25% increase in deaths caused by traffic automobile accidents.

According to the National Safety Council, traffic deaths in the U.S. from 2014 to 2016 increased by 18 percent. However, the state of South Carolina saw a 25 percent increase. In North Carolina, the number jumped to 26 percent during the same two-year time frame.

More traffic, increased distractions, and poor road conditions lead to higher traffic fatalities across the state of South Carolina. Remember, it is easy to call a death in a traffic accident a “fatality”-which is a generic term. But imagine if it were your loved one, or close friend, who died tragically in a preventable traffic accident. Deaths caused by auto wrecks are an unnecessary tragedy. All of us have to remember that it’s not just a “fatality”; in fact, it’s a the loss of a human being-the loss of a father, mother, son or daughter, brother or sister – in a preventable situation. As an auto accident lawyer, I witness how car wrecks affect the lives of real people in our community. And it’s a terrible, terrible preventable tragedy.

What are some of the reasons for these high statistics? The program Target Zero discusses the state of South Carolina’s goal of eliminating traffic related deaths to Zero. One of these factors is the increase in traffic due to tourism. Whether toting our gorgeous parks or our fabulous food, our state, especially the Upstate, has received a lot of positive media attention in the past couple of years. This has resulted in an increase in visitors.

Another contributing factor to the increased traffic could be attributed to people relocating here. In 2015, there was a 2.5 percent jump in the number of registered vehicles and a 2 percent rise in the number of driver’s licenses issued in South Carolina.

With more traffic on the roadways of course there will be more traffic-related accidents. Nevertheless, there are still other reasons for wrecks. Distracted driving, drowsy driving, and drunk driving are still factors in fatality related auto accidents.

So, please be safe out there and be a defensive driver. And follow this simple advice: Slow down. Give plenty of distance between your car and other cars. Get off the cell phone or smart phone. Keep your eyes on the road. Keep two hands on the wheel. Never drink or drive or drive while tired. Take safe driving seriously.

Some Laws To Protect Your Automobile

People tend to face numerous issues with respect to their automobiles. Some of the most common problems that people face are:

  • Buying a defective car and getting refused a refund, fixing and replacement by the manufacturer.
  • After completing a final loan contract, you are asked to sign a new contract with higher down payment.
  • You are trapped with deceptive advertisements and you have been sold a more expensive car.
  • Dealer conceals optional add-ons and undervalues the trade-in during fixing of the deals.
  • Your car is repossessed without your consent by the creditor.

Know Your Rights

There are different laws that save the consumers from auto fraud. Here is a list of various laws and their scheme of protection.

Magnuson-Moss Warranty Act

This law is utilised when a contractor, warrantor or supplier denies complying with a service contract, written warranty or implied warranty.

State Repossession Laws

These laws state that:

  • Your car cannot be removed from a locked garage by the car repossession company without your consent.
  • You can put your car up in auction or you can pay the full money in order to buy back the car.
  • On paying repossession costs or reinstating your loan, you can get your car back in some states.
  • Your car must not be sold below market value.
  • You should be informed whether the creditor will put the car up for auction or not.

State Lemon Laws

Those cars are dealt by lemon laws that have been repaired many times for the same defect. Different states have different lemon laws.

  • Your car should be replaced or refunded by the manufacturer for a substantial defect after four tries.
  • Your car should be refunded or replaced for a safety defect after two tries.

Truth in Lending Act (TILA)

According to TILA, interest rates and other information regarding the loan should be disclosed by the lenders before processing a loan. You can get the best auto financing rate with the help of TILA.

Unfair, Deceptive, or Abusive Acts or Practices (UDAP)

You are protected by UDAP from deceptive, unfair and false acts including the false advertisements.

Contacting an Attorney

You should know about the following, if you want to contact an attorney.

Repair Record

Keep record of the timing of the car when it is out for service and keep track of the repair attempts. Every time you repair the car, do not forget to submit a dated and written list of problems to your dealer.

Notice Required

Before entitling to a replacement or refund, you must go through the notice requirement of your state.

Your Refund or Replacement

Ask the manufacturer for a replacement or refund only after confirming that your car is qualified as a lemon. You may have to go through arbitration if a valid arbitration program is incorporated into your written warranty, in order to get your replacement or refund.

Can a Habitual Traffic Offender Seal Their Public Driving Records?

Becoming a habitual traffic violator doesn’t happen overnight. But it also doesn’t happen only to bad drivers. Those who drive often for work, whether all day commuting or long-distance travel, are often faced with time crunches, leading them to drive a little faster than they would if they were not limited by time restrictions and deadlines. Realtors, contractors, salesmen, and more are all common victims of speeding and seatbelt tickets because they are often traveling from one obligation to another.

So whether a product of vocational lack of time, or simply an unmindful driver, 10 traffic offenses in a period of 10 years, with 1 being a major violation (i.e. DUI, reckless driving, driving while suspended, etc.), will eventually suspend you of your driving privileges and mark you as an official habitual traffic violator for at least 5 years.

Sounds harsh, doesn’t it?

But it’s not so bad if you live in a state that allows record sealing and expungement. If you qualify to have your driving records sealed from the public, it can help you get your license back, that job you’ve applied for, that promotion you’ve been working toward, or obtain a professional license that was inaccessible before.

Qualifications vary from state to state, and not all states even offer the option, but the most influential factors are time and severity of offenses. Talk to a criminal record expungement lawyer to see if you are eligible for record sealing in your state. In the meantime, continue reading to learn more about habitual traffic violator driving records and personal privacy.

While Awaiting Eligibility

After you are convicted as a habitual traffic violator, you must remain one for at least 5 years; however, you can petition to get a probationary drivers’ license after only 3 years. In order to qualify for a probationary license, one must have:

  1. Never previously been granted a probationary license as a habitual traffic offender;
  2. Never been guilty of more than 3 unrelated major traffic offenses in one 10-year period;
  3. Never been guilty of a major traffic offense that resulted in bodily harm or death of another;
  4. Never been guilty of violating the habitual traffic offender probation guidelines.

In some cases where the offender is a person who operated a vehicle for the purpose of business, such as a traveling salesmen or delivery person, the waiting period may not apply since their poor driving record may be partly a result of their frequent commuting. It is important to retain the services of an experienced criminal defense attorney to ensure you are receiving due justice in traffic court. 

F1 Visa Advisor Ideas

Lawyers are able to help you fulfill your fantasy of living and working in the States. Immigration law in U.S. is complicated, dependent on your special situation, the lawyer will able to provide you with the ideal solution. In the last few decades, immigration to Australia has been among the most well-known destinations for Indians and South Asians. Should you go for another citizenship, it is strongly wise to consider Dominica first. Obtaining Israeli citizenship can be accomplished in a variety of ways.

The H-1B visa is valid for 3 years and perhaps extended for another 3 years. Also, as mentioned before, H-1B visas aren’t available year-round for most applicants. The H-1B visa does not need individuals to have a visa stamped every month or two.” If you’re still in the USA on an H-1B visa and would like to stay in the united states for at least six decades, you may apply for permanent residency in the united states to obtain a Green Card.

You may call it visas, you’re able to call it work permits, you may call it anything you desire. This visa is issued depending on the sort of work which you do. This visa is not right for permanent residence, however. With over 140 Australian visas to apply for, it’s important to be aware of the ideal one to choose and the proper way to achieve that. A brief stay visa will make it possible for a visitor to stay in the nation for as many as three months.

Lies You’ve Been Told About F1 Visa Advisor

There are many measures in the visa application approach. Fill an application if you are prepared to start. In the event the application or interview isn’t completed, this could cause a denial of the classification. No matter your reason is, you can require the suitable documentation to enter Canada. Should you not have the right documents to make an application for the visa, the CAS won’t be issued.

F1 Visa Advisor Tips

Obtaining adequate medical insurance for your time in America is critically important remaining uninsured isn’t a valid alternative. Cash payments aren’t accepted. Visa fees connected with obtaining the H-1B visa change from nation to nation. There are various fees based on the kind of H-1B petition you’re submitting.

Now you have taken a wholesome step to validate the requirements, process and interview questions to procure an H-1B visa, it’s the ideal time to begin preparing! There are requirements you have to have as a way to get this visa. There’s a limit on several visas available per fiscal calendar year.

If you could not meet these requirements also, there are chances that you still receive a green card. Visa requirements differ from nation to nation and in addition, it is dependent on your nationality. In addition, there are additional requirements that the visa applicant must establish, such as expertise within the field.

An applicant hoping to procure an H1-B temporary work visa needs to have a petition accepted by the USCIS. Your employer will be able to help you submit an application for a vital Skills work visa. If you prefer to modify employers as soon as you reach the U.S., that employer should be the one to submit an I-129 form. The employers are extremely cooperative when it comes to hiring Indians. It enables the employee to get a visa stamp and work in the USA for that business alone. The employee is subsequently regarded as out of status. Furthermore, you can transfer your employment when your petition was improved.

All You Need to Know About Family Law

Law, the term is associated with rules and regulations that the government of a country sets for its subjects. The subjects or the people who come under this law has to follow or abide by them. If violated, the person can be liable to undergo punishments as the concerned authority will wish them to go through. This is a state law. This has many divisions. Under this, the family law is a part. Law can also be there set by the head of a corporation or an organization. In that case, it cannot be called a state law, it is for the concerned organization. This article will deal in detail with family law. To know more continue reading.

Definition

As the name suggests, the law is concerned with matters regarding a family. It can be the family issues, like relationships, divorce, child custody or adoption of a child. The state is the supreme head who has the final say in such matters. A family seeking judgment must make an appeal before the court of law and have to patiently wait for the proceedings to take place.

Some Common Terms Related to Family Law

Marital Property- The property attained by either of the spouses during their marriage. This property becomes the point of division if they want to get divorced.

Emancipation- If the guardian of a minor dies, and if through court proceedings assumes adult responsibilities and becomes self-supporting for his or her own welfare. In this case, the minor does not remain under the care of his or her parents.

Prenuptial Agreement- An agreement, made before the marriage of a man and woman where they give up any future right to one another’s property in case of divorce or death.

Alimony- An allowance given by one spouse to another to support themselves after divorce or legal separation.

Paternity- This means to establish a confirmed identity of a child with his or her biological father.

How Are the Family Matters Solved?

If there is an issue in the family, which the members are not able to solve by themselves they can seek the local court for justice. In the first place, they must approach a lawyer who deals in such types of cases. Discussing the matter with him or her and taking an advice, one can submit their appeal to the court. The court through its several sittings will listen to the case and offer a suitable solution for both the parties.

Estafa Vs B.P.22 – What Is the Difference?

We’re pretty sure there’s a point in time that you became party to a transaction, either as payee or payer. Of course as payee, receiving cash is much preferred as you are sure that your payment was given to you in full sans any further action needed from your end. Now as payer, issuing a check is so much more convenient, especially for substantial transactions, as you would not have to worry about bringing cash and making sure that all your expenses are accounted and debited for, up to the last centavo.

It’s great if all transactions went smoothly without any hitch. However, with both parties making and receiving payment all in good faith. But what if you were conned by someone you had the mistake of trusting? Or what if you issued a check as a show of good faith to close out on a deal but at the time of issuance, the account has insufficient funds and you made a mental note to replenish the account as soon as you got paid. Alas, you then notice that your check bounced.

The above instances had surged over the years and has caused an unfortunate chain reaction which prompted the filing of either or both the following cases: Estafa and Violation of Batas Pambasa (BP) 22 or the Bouncing Checks Law.

Estafa Through Issuance of Unfunded Checks
The crime of Estafa is punished under the Revised Penal Code. One can be held guilty for Estafa by means of issuing a bouncing check with the use of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
“By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. (Article 315(2)(d) of the Revised Penal Code as amended by R.A. 4885)”

How can a person be held guilty for Estafa?

Under the RPC, the following elements are necessary to hold a person guilty of Estafa:

  1. Postdating or issuance of a check in payment of an obligation contracted at the time the check was issued
  2. Insufficiency of funds to cover the check, and
  3. Damage to the payee thereof.

The most important element here is the damage caused. Absent any of the following elements, a person cannot be held liable for Estafa.

Case in point:

Andres owns and operates a trading good business and bought merchandise from Bonifacio and issued an unfunded check in consideration of the goods received.

In this scenario, Andres can be held liable for Estafa because he issued a check knowing it to be without sufficient funds to pay the items he bought from Bonifacio. The issuance of the bounced check here was with fraudulent intent.

Bouncing Checks Law (BP 22)
Unlike Estafa which has its basis under the RPC, BP 22 is enacted through a special law. A person can be charged for violation of BP 22 when he commits the following acts:

  1. Making or drawing and issuing any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment;
  2. Having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank.

How can a person be held guilty for Violation of BP 22?

Violation of BP 22 can be filed against any person when the following are present:

  1. Making, drawing and issuance of any check to apply for account or for value;
  2. Knowledge of the maker, drawer, or issuer that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment; and
  3. Subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.

Same with Estafa, the presence of all these requirements is important. Otherwise, the charge of BP 22 will not attach. Note that knowledge of insufficiency of funds is presumed when it is proved that the issuer received a notice of dishonor and that within 5 days from receipt thereof, he failed to pay the amount of the check or make arrangement for its payment. Additionally, in BP 22, good faith is immaterial. Meaning, the mere issuance of an unfunded check already consummates the crime.

Using the same example above, Andres can also be charged for Violation of BP 22, other than Estafa, because BP 22 cases also cover issuances of bouncing checks for value received.

Where does the disparity lie?

It is Estafa when, among others, you issue an unfunded check with fraudulent intent in consideration of something of value you received. Here intent is material and good faith may be used as a defense.

It is a case for Violation of BP 22 when you issue an unfunded check whether or not it is for an obligation you contracted prior to the issuance of the check or not. Simply put, you are liable for BP 22 whether you issue a check for a present or a past obligation.

Does the Age You Get Married Impact Divorce Rates?

There are many factors in a marriage that can cause or contribute to a divorce. The truth is, the causes for divorces in the United States, like relationships, are very complicated. Even though the divorce rate in America has dropped, in large part due to the Millennial Generation, there are numerous reasons why married couples do not make it until death do they part – one of which is the age they got married.

All Marriages Require Hard Work

Unfortunately marriages do not last based solely on personal chemistry or physical attraction. When you choose to get married, you are vowing to love your partner for better or worse. No one gets married expecting to divorce. However, studies have shown that variables such as age, income, employment status, and education have significant impacts on U.S. marriages.

How Age, Income, and Education Affect Divorce

According to The Institute for Family Studies the ideal age to get married is in your late twenties, but why? When you decide to get married at an older age, your odds of divorce decline because at this stage in your life you usually have a higher education, a more stable job and are more established financially. With a higher level of education, your potential to earn more money is greater. Couples who experience more tension in their marriage from things such as a lack of money and maturity, frequently find themselves turning what were just thoughts of divorce into a reality.

The Divorce Rate Is Dropping Thanks to Millennials

Younger Americans are waiting much longer to get married. The national median marriage age as of 2011 for a woman’s first marriage was 27 years old, and for men was 29 years old; the highest median marriage age in decades for men and the highest ever for women. In 2005 the national median marriage age for a woman’s first marriage was 25 and for men was 27.

Many young folks have decided not to get married at all and choose instead other arrangements. It is much more common now, and many consider it more convenient, to move in with his or her partner without having to worry about the social pressures from society to get married first. With the average divorce happening about 12 years in to the marriage, we will have to wait and see if this recent generation of newlyweds will continue to keep their vows.

Significance Of Character & Police Clearance Certificate In Immigration

If you are planning to settle permanently in any foreign country, police clearance certificate is one of the essential documents you will need in order to qualify successfully for the permanent residence visa process. A police clearance certificate is issued to Indian passport holders by the concerned police authorities covering the time period of the applicant’s stay in the particular region. If any applicant has been involved in any kind of illegal activity or was arrested for violating the law anytime, the police clearance certificates notes the entire nature and reasoning of the applicant’s case. In much simple words, a police clearance certificate represents how ethical or unethical your character is in the eyes of law of the counties you have lived after the age of 16 years.

Necessity and validity of the police clearance certificate in the immigration process

It is necessary for a prospective immigration who is 16 years older and currently residing in India to have his criminal check done. If the candidate is an Indian citizen age 16 or older and currently residing in India, whose passport was issued MORE THAN six months prior to their immigrant visa interview date, should obtain a Police Clearance Certificate from both the nearest Indian Passport Office and the District Police in the area in which they reside. However, if their passport was issued LESS THAN six months prior to their interview date, they only need a Police Clearance Certificate from the nearest Indian Passport Office.

Factors that impact police clearance check

The following factors will have an impact on your police clearance check:

  • You have a substantial criminal record: By this, it means that past records will be assessed. A sentence(s) of 12 months or more in prison will impact your police check.Also, a suspended sentence is considered as a prison sentence.
  • You have been convicted of escaping: In case you have been found guilty of escaping from immigration detention (during or while detention or had escaped and were taken into detention later), it may bring an adverse impact on your PCC.
  • You are/were associated to a criminal group: In case you have been a member of organization or group that has bad records and the Minister for Immigration reasonably suspects your involvement in the group/organization criminal activities, it may impact your police check.
  • You are/were involved in any crime or offensive acts: If the Minister for Immigration reasonably believes your involvement in criminal acts like human trafficking, smuggling, genocide, sexual offense, torture of slavery, a crime against humanity, a crime of serious international concern, it becomes difficult for you to obtain a PCC.
  • Your past records prove you of an immoral character: If your past and presents records show that you are not of a good character and the government of the country thinks that you can be a threat to the country, you will be denied of a police clearance.

Procedure to apply for a police clearance certificate (India):

If you are 16 years or above, you can apply for a PCC at the places listed below, as per the associated conditions:

  • If you are residing in India and your Indian passport was issued within past 6 months
  • Apply at the Passport Office
  • If you are residing in India and your passport was issued more than 6 months prior to visa application
  • Have to apply at the Passport Office and the District Police Office near your place of residence
  • If you are an Indian passport holder and is staying outside India
  • Local Embassy or Consulate confirming you have no criminal record (a statement from Embassy or Consulate is acceptable)
  • If you are an Indian passport holder and currently resident in India, but has lived in another country (except for the U. S.).

You need to apply at the passport office, d District Police Office serving your place of residence (if the passport was issued more than 6 months prior to visa application) and the country of previous residence (if available).