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Found 2 results

  1. Hello! I'm working on the DS-260 for my father-in-law's IR-5 and was wondering about the "ever been arrested" question. He was never arrested in his home country (Vietnam) and his police record came back completely clear. However, several (~3) years ago, while fishing (his former job; he's retired now) he and the whole crew were arrested by Malaysian police and ended up spending about 9 months in jail in Malaysia. The charge was either fishing in Malaysian waters with an expired permit or no permit at all - can't remember exactly (regardless, they always fished exactly where the owner told them to). They were eventually all released when the owner of the fishing boat paid a certain amount of money - a fine, I suppose. I'm not sure exactly how it was all worded, or if there was ever a conviction per se as opposed to just being detained that long, but anyway he got out and went home and retired. I'm assuming I should put all of this, in as much detail as possible? My wife thinks maybe we don't need to since it wasn't in Vietnam, and he probably wouldn't be able to get any kind of records from Malaysia if he needed to. Thoughts? And if fully disclosed, what are the chances a type of arrest/imprisonment like this would hurt his case? Would he be asked to provide some kind of hard(impossible? to obtain records from Malaysia? Thanks for any and all help and advice!
  2. Hi, I am about to file for my AOS and I see these 2 questions related to arrest and pleading guilty (even expunged). I was arrested for a class B mis-demeanor which got reduced to Class C mis-demeanor for which I pleaded guilty. And the only reason I plead guilty was because my lawyer told me that it won't affect me in any way as it's C class mis-demeanor and is like a parking ticket and it won't even show up in my record. It was only after a later that I found out that he was wrong when this thing popped out in my record for a job related background check. To cut the long story shot I went back to the court and got the record EXPUNGED based on the incompetency of my first lawyer. My lawyer was in disbarment proceedings when he was pleading my case, so he made me plead guilty to wrap up the case faster. He was disbarred permanently a couple of months (for mishandling some other case) after my base judgement. Anyways, just to make sure that my record was clear, I got my background check done with FBI and two state agencies (where I have lived in the past), and all 3 records state say THAT I DON"T HAVE A RECORD, not even a ARREST RECORD. Now the questions are: Should I say NO to both the question 14 and 16 (arrest and pleading guilty (even expunged)) as there is simple no record? If I say Yes, what documentation do I need to submit? Thanks in advance, Ninja
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