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criminal records and visas- what do you know?

 
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bettypie



Joined: 18 May 2009
Location: Boeun, South Korea

PostPosted: Tue Sep 28, 2010 6:20 pm    Post subject: criminal records and visas- what do you know? Reply with quote

Will an FBI check with minor, 10=year-old misdemeanors cause a visa renewal application to be denied?

I can't seem to get a straight answer, even from immigration. The closest thing to a real answer I've gotten is "it depends on the immigration officer". So, what's been your experience? What about your friends' experiences? What have you heard?

I just don't want to jump through all the new visa hoops if there's only a slim chance that I'll be able to stay.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Sep 28, 2010 6:28 pm    Post subject: Re: criminal records and visas- what do you know? Reply with quote

bettypie wrote:
Will an FBI check with minor, 10=year-old misdemeanors cause a visa renewal application to be denied?

I can't seem to get a straight answer, even from immigration. The closest thing to a real answer I've gotten is "it depends on the immigration officer". So, what's been your experience? What about your friends' experiences? What have you heard?

I just don't want to jump through all the new visa hoops if there's only a slim chance that I'll be able to stay.


In MY experience they have declined every visa application / renewal application if there was any positive finding on the CRC

but

it is true that it is also up to the individual immigration officer (but don't hold your breath; immigration policy is against you).

.
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bettypie



Joined: 18 May 2009
Location: Boeun, South Korea

PostPosted: Tue Sep 28, 2010 6:37 pm    Post subject: Re: criminal records and visas- what do you know? Reply with quote

ttompatz wrote:


In MY experience they have declined every visa application / renewal application if there was any positive finding on the CRC

but

it is true that it is also up to the individual immigration officer (but don't hold your breath; immigration policy is against you).

.


Thank you for this input. As there is no definitive answer, I'm just trying to gauge what everyone else's experience has been. So thanks very much for your feedback.

Anyone else?
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Neek



Joined: 28 Sep 2010

PostPosted: Tue Sep 28, 2010 6:51 pm    Post subject: Reply with quote

From my experience thus far even if you have a dismissed class B misdemeanor with proof of the dismissal chances are likely they will reject your visa app.

Basically if you have any drug related / sexual charge it's an automatic rejection.

Policy is interpreted differently depending on the Immi officer, but like it's been said above, it's heavily weighted against you.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Tue Sep 28, 2010 7:48 pm    Post subject: Reply with quote

Justin Richard wrote:
Are you sure that you did not use some of those drugs back then?

The policy is NOT interpreted differently depending on the Immigration officer. Immigration takes their policy from the Ministry of Justice only.

!


I've lived in Korea for 10 years. As such I have dealt with Immigration many times. And I can tell you from personal experience that you can get different answers from:

(a) Different Immigration officials at different offices.

(b) Different Immigration officials at the SAME office.

(c) The SAME Immigration official at the SAME office.


All three have happened to me over the years. So I've learned to take most things they tell me with a grain of salt.
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alwaysbeclosing100



Joined: 07 Feb 2009

PostPosted: Tue Sep 28, 2010 10:29 pm    Post subject: Reply with quote

TheUrbanMyth wrote:
Justin Richard wrote:
Are you sure that you did not use some of those drugs back then?

The policy is NOT interpreted differently depending on the Immigration officer. Immigration takes their policy from the Ministry of Justice only.

!


I've lived in Korea for 10 years. As such I have dealt with Immigration many times. And I can tell you from personal experience that you can get different answers from:

(a) Different Immigration officials at different offices.

(b) Different Immigration officials at the SAME office.

(c) The SAME Immigration official at the SAME office.


All three have happened to me over the years. So I've learned to take most things they tell me with a grain of salt.


the most accurate post i have ever read in my entire time reading Daves!!!
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freeridden



Joined: 27 Apr 2008

PostPosted: Wed Sep 29, 2010 2:14 am    Post subject: question Reply with quote

What about a DUI from over 11 years ago...on a motor scooter going 20mph at that....
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