DS230 part 2 question

[ikyang 1]

# 41 Have you ever been charged, arrested or convicted of any offense or crime?

my mom when she got her NBI record (in the philippines National Police Clearance is called NBI), her name hit on a violation of presidential decree no. XXX- illegal gambling...way back 1975 she sells "jai alai" its kind of a lottery thing in the philippines but it was illegal. there was raid and she was involved. no serious thing happened as nobody really file a complain or anything and the case was just pending and that was 1975. now, the NBI people asked her to have a Municipal Trial Court to clear her name and she got one. HEr police record now is good. her name is clear. no criminal record on file.

my question is: Should she answer YES to this question #41? and what documents does she need to submit? there was no prison record, no nothing. is the Municipal Trial Court Clearance enough to show that she was out of this case??

please guys help me. thanks

[ikyang 1]

please guys help me...will my mom answer YES to this question??? her police certificate says "no criminal record on file"

[Richard-UK 2]

# 41 Have you ever been charged, arrested or convicted of any offense or crime?

my mom when she got her NBI record (in the philippines National Police Clearance is called NBI), her name hit on a violation of presidential decree no. XXX- illegal gambling...way back 1975 she sells "jai alai" its kind of a lottery thing in the philippines but it was illegal. there was raid and she was involved. no serious thing happened as nobody really file a complain or anything and the case was just pending and that was 1975. now, the NBI people asked her to have a Municipal Trial Court to clear her name and she got one. HEr police record now is good. her name is clear. no criminal record on file.

my question is: Should she answer YES to this question #41? and what documents does she need to submit? there was no prison record, no nothing. is the Municipal Trial Court Clearance enough to show that she was out of this case??

please guys help me. thanks

Such a tough question which is probably why nobody has yet answered.

I am in no way an expert at all but here is my 10 cents worth

Perhaps revisiting the question helps.

HAVE YOU EVER BEEN CHARGED?

HAVE YOU EVER BEEN ARRESTED?

HAVE YOU EVER BEEN CONVICTED?

If you can answer yes to any of the above then put Yes. If no then put no.

As only your Mom's name was taken and she was not arrested then maybe it is not as difficult a choice?

I am sure someone will correct me if I am wrong but I did not want you to think that you are being ignored.

[ikyang 1]

thank you for taking time to reply. yes she was charged but the case was dismiss. that's why when she got her police certificate it says "no criminal record on file" this is the reason why i am so confused

[Richard-UK 2]

thank you for taking time to reply. yes she was charged but the case was dismiss. that's why when she got her police certificate it says "no criminal record on file" this is the reason why i am so confused

Hi again

You said 'NBI people asked her to have a Municipal Trial Court to clear her name and she got one'.

Was there any letter or document after the Trail Court confirming all of that? If so perhaps you could submit with the Police Check. From what you said then you would have to confirm that she was indeed charged.

Can anyone else help ikyang on this one?

Should they call and ask the NVC directly?

Best wishes

Richard

[TayRivers 4]

thank you for taking time to reply. yes she was charged but the case was dismiss. that's why when she got her police certificate it says "no criminal record on file" this is the reason why i am so confused

Hi again

You said 'NBI people asked her to have a Municipal Trial Court to clear her name and she got one'.

Was there any letter or document after the Trail Court confirming all of that? If so perhaps you could submit with the Police Check. From what you said then you would have to confirm that she was indeed charged.

Can anyone else help ikyang on this one?

Should they call and ask the NVC directly?

Best wishes

Richard

Your Mom would have to answer YES to the question. Make sure you get her to include the court paperwork showing it was dismissed (original and a translated copy)

There is no point in taking a risk at this point in her journey, be 100% honest when dealing with US Immigration or it may come back to bite you later on down the road.

Tay