Korean Job Discussion Forums

ChrisHannah · Joined: 20 Jun 2008 Location: Daegu

Hello. I recently received my background check and it had listed an arrest from a time when I was pulled over while having a suspended license. I wasn't physically arrested at the time, but the way it works in my state (I'm not sure elsewhere), this counts as an arrest for a misdemeanor. Will this prevent me from getting an E-2 visa? I spoke to one of the potential recruiters and he seemed unsure and that he would get back to me.

It would be a huge disappointment if something so minor prevents me from going, especially since I didn't actually know they suspended when they did (I was pulled over for a ticket and the officer didn't ask for my insurance, but he wrote down that I didn't have it). But whether or not it was just is neither here nor there, because it's on my record.

So what do you guys think? It doesn't seem like something this minor would hold me up, but I've heard that your record needs to be squeaky clean.

alphakennyone · Joined: 01 Aug 2005 Location: city heights

All you can do is try. Maybe that's something you can discuss if you get so far as the visa interview stage of the process.

ChinaBoy · Joined: 17 Feb 2007

Since when do you get a suspended license for no insurance?

thoreau · Joined: 21 Jun 2009

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Straphanger · Joined: 09 Oct 2008 Location: Chilgok, Korea

ChinaBoy · Joined: 17 Feb 2007

Yeah, I've heard about needing insurance to GET a license, but didn't know it was suspended for not having insurance for a day. And the police or state never tells you? That doesn't sound right.

Sounds like the OP needs a lawyer. And insurance receipts. Prove you had insurance the whole time, and then sue.

ontheway · Posted: Sun Jul 12, 2009 6:34 am Post subject:

You should get this item cleared up and expunged from your record BEFORE you apply for a visa. Even if you have to wait a while and work in another country first, you should not apply for your visa until you have a clean background check.

If you are denied a visa because of your background check, that fact will be part of your permanent Immigration record and it will be harder to get a visa later, even if you manage to get a clean CBC. They will have the old record on file and may still deny your visa.

ChrisHannah · Joined: 20 Jun 2008 Location: Daegu

Well they didn't suspend my license because I didn't have insurance, they suspended it because I later failed to show proof that I had insurance coverage when it came time to pay the ticket because at the time I was unaware that they wanted this proof. It's hard to pin the blame on the "man" because at the time I was graduating high school and I was moving, as was my mom, so any type of notification I received was lost in oblivion. I'm certain there are things that I did wrong, although nothing maliciously. I don't think this will be dropped.

My real question is, do they normally just write off an applicant the moment they see an arrest or do they take time to read it?

It says exactly (don't know if this will mean anything to you guys):

"Charge Literal License, Driving on a suspended license
...
Charge Description Misdemeanor
...
Disposition (Dismissed on costs; Disposition dismissed on cost cost $116.50)"

Am I really such a terrible person for this so as to merit not being allowed a visa? Should I call the consulate to see?

I'm not particularly thrilled with the idea of having to go to another country first over something so menial... What I find interesting is that US Government was willing to give me a Secret level security clearance when I worked for the State Dept. as an intern, but there are questions over getting a visa to teach English?

thoreau · Joined: 21 Jun 2009

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ChinaBoy · Joined: 17 Feb 2007

sharkey · Joined: 12 Oct 2008

Get your CBC done in another state... they never heard of you and have a clean record for you... thats what my friend with 3 or 4 DUIs did ... hahah how do you get caught 4 times for DUI? bad luck and stupidity mixed together

ChrisHannah · Joined: 20 Jun 2008 Location: Daegu

I tried calling today. I had to repeat my problem three times before the guy picked up the word "arrest" and then all he would say is "that bad! that bad!" I tried to get him to understand what the issue was, and then he said (repeatedly) that I need to work with Korean Immigration. I said I was just wanting to know if it would be rejected and he told me that I can only try and to "send like normal".

I think I will call one of the consulates now.

Korea 101...

ChrisHannah · Joined: 20 Jun 2008 Location: Daegu

Alright, a recruiter I'm working with came back from his visa advisers and said it's a no go. I spoke about getting it expunged and that didn't seem like it would work out either (takes 120 days).

So that leaves me with one option: going out of state. Not ideal, but seems like the most convenient. So anyone want to PM with some directions on how to get this done? Or heck do it here...

Khenan · Joined: 25 Dec 2007

I'm assuming that your background check is coming from the state level. Here's what you do:

Go to your local police department - this works better if you live in a small town, but should work in any city. Describe your situation in general tones - tell them you need a letter from them in order to get a work visa. Don't tell them why the state one won't work, because this might make them uneasy. They will almost certainly tell you that they don't do CBCs. Respond that it doesn't really matter, and that you would prefer to go to the state, but that it will take too long to process in order to get your work visa on time. Tell them that Korea's laws are really nonsensical, and that they don't have any idea how to design immigration law, and that the laws change every 3 months or so. Say this with a tone of voice that can get the officer laughing with you, and then tell them that all you *really* need is a "clearance letter" from your local PD on official stationary that says you have no criminal record in that city.

Unless Korean Immi law has changed within the last 6 months, then a clearance letter from the local PD - *on official stationary* - will work just fine.

Edit: This is based on the premise that your local PD has no record on you... if you've broken the law there, or if your stated issue took place within city limits, this might not work.

Marissa0687 · Joined: 26 Mar 2009

As far as I can tell, local police checks became a thing of the past within the last 3 weeks. I haven't found a school or recruiter recently (talking last 2/3 weeks here) that will accept a local background check. Of course, immigration didn't bother officially announcing this change, but I think you'll find that anyone you apply with will be requesting a state check now. I've had several recruiters tell me that local checks are now being rejected by immigration, but YMMV.

What states are near you? Is it possible to drive into another state, go to the sheriff's station and request a statewide check? I'd call ahead of time to double-check how they go about doing these checks. I know in California, you need to get fingerprinted at a LiveScan facility. Other states run your name through a database or do fingerprints, I think. Just tell the police station that you need a statewide check for a visa and they should be able to point you in the right direction. Make sure to get your apostille from the same state, too. Good luck!