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Moon&Stars

K1 221g for court records

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I'm hoping we can get some good advice. My fiancé had his interview this morning and was asked to submit something from a court showing that their is no record. The court case was in South Africa about 10 years ago. We have attempted calling the court and they couldn't locate a record, but were unwilling to write a letter because we didn't have a case number. When we called the police station, they weren't willing to attempt to locate the case number or arrest record. How can we do this as traveling there isn't an option. Can a friend go to the police & court on our behalf? Do we need a lawyer there? If so, what type of lawyer and does anyone know how to find one? Neither of us are from that country or are well versed in the legal process so we feel kind of lost and defeated right now. Thanks!

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@Pickle @Confusedtinybird do either of you have ideas on a company that might be able to track down a case number and court record? Docassist doesn't do anything like this. Or a reputable lawyer that help in South Africa? It's for the Capetown area. Thanks!

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2 hours ago, Confusedtinybird said:

Hi,

 

Did you submit a Police Clearance Certificate from South Africa? That should show there isn't anything on his record.

 

 

Yup, we submitted a the police clearance certificate that was clear from South Africa. But we also included an arrest that happened while he lived there on the DS-160. We think it was one of the many cases that were lost back in the day (I'm not sure how much of a problem "losing" cases are these days). He never went to court, although he followed up with the court several times back when it happened trying to appear, they just never did anything with it.

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The police did paper records and the records did get lost. I used to live in Cape Town and I saw that happen. I think you need a lawyer to try and track down that court case.

 

If it was a civil case I would look for a civil lawyer in South Africa. And try to go from there.

 

Also there are some South African lawyers in the USA that might be able to help. Maybe you can message them or call them for advise?

 

Also check out bunnyhop.co.za and see if they could help you.

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7 hours ago, Moon&Stars said:

Yup, we submitted a the police clearance certificate that was clear from South Africa. But we also included an arrest that happened while he lived there on the DS-160. We think it was one of the many cases that were lost back in the day (I'm not sure how much of a problem "losing" cases are these days). He never went to court, although he followed up with the court several times back when it happened trying to appear, they just never did anything with it.

Hi @Moon&Stars I'm wondering if the police certificate you submitted was recent? 

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12 hours ago, Cindzi said:

Hi @Moon&Stars I'm wondering if the police certificate you submitted was recent? 

Yup, very recent police certificate. It's not unusual for them to want court records if you declare on the DS-160 that there was an "arrest, detainment, etc". We did that, being fully honest, but now we are struggling to prove it. We don't have a case number and can't figure out how to find it.

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