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NEW E2 VISA Rules
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danxtptrnrth



Joined: 15 Apr 2010
Location: Boeun, South Korea

PostPosted: Sat Sep 18, 2010 6:58 pm    Post subject: Reply with quote

Is there anyway around this?. My girlfriend and I have been here for six months and really want to resign at our public school (we aren't in EPIK) next April. However, we did the state background checks to skirt the fact that I have an arrest record from high school (not a felony) and she has an arrest record from college (a charge that was immediately dropped). All of this would show up on an FBI check. Is there no way to be "grandfathered" in if we are resigning?
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naturegirl321



Joined: 18 Jul 2006
Location: Home sweet home

PostPosted: Sat Sep 18, 2010 7:15 pm    Post subject: Reply with quote

danxtptrnrth wrote:
Is there anyway around this?. My girlfriend and I have been here for six months and really want to resign at our public school (we aren't in EPIK) next April. However, we did the state background checks to skirt the fact that I have an arrest record from high school (not a felony) and she has an arrest record from college (a charge that was immediately dropped). All of this would show up on an FBI check. Is there no way to be "grandfathered" in if we are resigning?


YOu should be fine depending on th reason for the arrest. But why wouldn't your arrests show up on a state check?
※ Exceptions are made if the nature of the crime is light and does not affect their ability as a teacher
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danxtptrnrth



Joined: 15 Apr 2010
Location: Boeun, South Korea

PostPosted: Sat Sep 18, 2010 7:36 pm    Post subject: Reply with quote

My original charges were from Ohio and I had a state background check from Oregon, where I was living when I got the job here.
Officially, I plead guilty to a first degree misdemeanor for vandalism and reckless operation of a motor vehicle in Feb 2000. Other than a speeding ticket or two, there should be nothing else on my record? Can I also have these expunged and not have them show up on a CBC.

I mean for god's sake, this was ten years ago. I am not a criminal, I pay my taxes, all the other things you're supposed to do. How does Korea not have any sort of forgiveness for stuff like this? Maybe I should post this question in another forum, but I'm just getting very frustrated with this. I jumped through all their hoops once!! And I just want to keep my job for another year. Is that so wrong?
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SandyG21



Joined: 26 Oct 2008

PostPosted: Sat Sep 18, 2010 7:39 pm    Post subject: Reply with quote

All the Korean job applications I have seen (either school or recruiter) ask if you have any criminal history as well.

It is just like working in the USA - most schools or educational facilities as well as nursing homes, hospitals, and even banks and retail jobs do criminal histories on people as well as asking on your job application and during an interview - it is the not telling the truth that can really get a person into trouble - now they will wonder what else you might have not told the truth about.

This is why they are now going to the FBI check - people can move around and only the FBI can check all the different states.

Now in my state they also have a CBC that is just for the state you have lived in - but if a person has moved around alot within the state or out of the state - they do an expanded history - checking the states or areas a person says they lived in.

I don't think a school or recruiter will not accept a teacher applicant for some minor arrest - but if it was violence, drugs or a sex crime - then they probably won't accept an applicant.

That is my theory anyway.
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danxtptrnrth



Joined: 15 Apr 2010
Location: Boeun, South Korea

PostPosted: Sat Sep 18, 2010 8:25 pm    Post subject: Reply with quote

I think the problem here is immigration, not the school. The school loves us and would want us to resign. When we originally applied we were told that just having any arrest record would bar us from getting an E-2 visa with immigration.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Sun Sep 19, 2010 9:40 pm    Post subject: Reply with quote

danxtptrnrth wrote:
Is there anyway around this?. My girlfriend and I have been here for six months and really want to resign at our public school (we aren't in EPIK) next April. However, we did the state background checks to skirt the fact that I have an arrest record from high school (not a felony) and she has an arrest record from college (a charge that was immediately dropped). All of this would show up on an FBI check. Is there no way to be "grandfathered" in if we are resigning?



No. Immigration changed the rules SPECIFICALLY to catch people who did this.

@naturegirl321

Exceptions USED to be made for the nature of the crime...but not anymore. Now they have a surplus of teachers for most jobs so they can pick and choose. Immigration is starting to become more strict.
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mcviking



Joined: 24 Mar 2009
Location: 'Fantastic' America

PostPosted: Mon Sep 20, 2010 4:50 am    Post subject: Reply with quote

So let me ghet this straight, if we apply for a new visa before or we transfer an existing visa before hand we won't have to get a new background check in Korea? I have been here a year and a half straight and I need to find another job, so will I have to get another CBC from the FBI now? I heard it takes three months....
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Junior



Joined: 18 Nov 2005
Location: the eye

PostPosted: Mon Sep 20, 2010 6:37 am    Post subject: Reply with quote

danxtptrnrth wrote:
I am not a criminal, I pay my taxes, all the other things you're supposed to do. How does Korea not have any sort of forgiveness for stuff like this?


Nobody seems to believe in rehabilitation. This bugs me as well. Nobody should have their entire life sabotaged because of minor teenage misdemeanours from decades back.
Wether you were caught or not, probably virtually everyone shoplifted a can of beer at age 16 or whatever. Rolling Eyes
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Nursesr4life



Joined: 17 Jan 2009

PostPosted: Mon Dec 13, 2010 7:45 pm    Post subject: FYI Reply with quote

This is what I found for expungements:

Relief Available If the court finds that the mover is eligible for expungement,

1. It shall order all agencies and law enforcement offices having record of the arrest, whether on microfilm, computer card or tape, or on any photographic, electronic, or mechanical method of storing data, to destroy any record of arrest, photograph, fingerprint, or any other information of any and all kinds or descriptions.

2. The court shall also order such custodians of records to file a sworn affidavit to the effect that the records have been destroyed and that no notations or references have been retained in the agency�s central repository which will or might lead to the inference that any record ever was on file with any agency or law enforcement office. The original of such affidavit shall be kept by the court and a copy shall be retained by the affiant agency, which copy shall not be a public record and shall not be open for public inspection but rather shall be kept under lock and key and maintained only for internal recordkeeping purposes.
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Nursesr4life



Joined: 17 Jan 2009

PostPosted: Mon Dec 13, 2010 8:13 pm    Post subject: E2 Visa New Rules Reply with quote

The new rules are not to "catch" those who have lied. On the contrary, if you read the comments made from an official on the Immigration Website concerning the new rules, he specifically states that there have been some "bad" teachers who should not be teaching, therefore, they had to tighten up the regulations. He implies that those are the teachers who are hanging out all night drinking, going to work with hangovers, cursing out in the street where students and parents can hear, or punching someone and breaking things while drunk, etc...those are the people that nine times out of ten are making other foreign teacher's life more difficult.

This behavior is just unacceptable in any country, but especially in a country where being a teacher is an honor and highly respected.

And, I might add that the article on the Immigration Website also states that there has been a surge in demand for English Teachers in South Korea.

[/i]
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Nursesr4life



Joined: 17 Jan 2009

PostPosted: Mon Dec 13, 2010 8:13 pm    Post subject: E2 Visa New Rules Reply with quote

The new rules are not to "catch" those who have lied. On the contrary, if you read the comments made from an official on the Immigration Website concerning the new rules, he specifically states that there have been some "bad" teachers who should not be teaching, therefore, they had to tighten up the regulations. He implies that those are the teachers who are hanging out all night drinking, going to work with hangovers, cursing out in the street where students and parents can hear, or punching someone and breaking things while drunk, etc...those are the people that nine times out of ten are making other foreign teacher's lives more difficult.

This behavior is just unacceptable in any country, but especially in a country where being a teacher is an honor and highly respected.

And, I might add that the article on the Immigration Website also states that there has been a surge in demand for English Teachers in South Korea.

[/i]
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Nursesr4life



Joined: 17 Jan 2009

PostPosted: Mon Dec 13, 2010 8:14 pm    Post subject: E2 Visa New Rules Reply with quote

The new rules are not to "catch" those who have lied. On the contrary, if you read the comments made from an official on the Immigration Website concerning the new rules, he specifically states that there have been some "bad" teachers who should not be teaching, therefore, they had to tighten up the regulations. He implies that those are the teachers who are hanging out all night drinking, going to work with hangovers, cursing out in the street where students and parents can hear, or punching someone and breaking things while drunk, etc...those are the people that nine times out of ten are making other foreign teacher's lives more difficult.

This behavior is just unacceptable in any country, but especially in a country where being a teacher is an honor and highly respected.

And, I might add that the article on the Immigration Website also states that there has been a surge in demand for English Teachers in South Korea.

[/i]
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Nursesr4life



Joined: 17 Jan 2009

PostPosted: Mon Dec 13, 2010 8:15 pm    Post subject: E2 Visa New Rules Reply with quote

The new rules are not to "catch" those who have lied. On the contrary, if you read the comments made from an official on the Immigration Website concerning the new rules, he specifically states that there have been some "bad" teachers who should not be teaching, therefore, they had to tighten up the regulations. He implies that those are the teachers who are hanging out all night drinking, going to work with hangovers, cursing out in the street where students and parents can hear, or punching someone and breaking things while drunk, etc...those are the people that nine times out of ten are making other foreign teacher's lives more difficult.

This behavior is just unacceptable in any country, but especially in a country where being a teacher is an honor and highly respected.

And, I might add that the article on the Immigration Website also states that there has been a surge in demand for English Teachers in South Korea.

[/i]
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ajoftswa



Joined: 14 Jan 2011

PostPosted: Mon Jan 17, 2011 1:58 pm    Post subject: Faliure to appear Reply with quote

I failed to pay a $15 seatbelt ticket three years ago. I was arrested for failure to appear in court. I paid the fines, but my criminal record classifies the arrest as a misdemeanor. Does anyone think I will be denied an E-2 visa because of this? What if I explain the case to immigration?
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Nursesr4life



Joined: 17 Jan 2009

PostPosted: Mon Jan 17, 2011 3:54 pm    Post subject: Seatbelts and E2 Visa Reply with quote

I would call immigration myself to find out. We can all give our own opinions but in the end, immigration is what will matter. IMO, it leaves room for much understanding, but call!
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