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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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 Posted: Mon Jul 18, 2011 3:58 am Post subject: |
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| earthquakez wrote: |
Good God, I've had my run-ins with marsavalanche on these boards before but we are on the same page on at least two of these threads. The fact is it's not Korean Immigration's problem if anybody has accumulated any kind of criminal record in their home country that was not from a genuinely criminal offence in the worser senses of the word.
Their job is to keep to the rules/guidelines that have been made to tighten up the criteria for E-2 visa English teachers. Yeah right, many males urinate in public at some stage but if you get caught in a state/area of your home country where the police arrest you for it and there is a record of it, most likely it will show up on a criminal record check. It's hard cheese.
Kimmi has progressively tightened the regs for us and it's logical that they stick to that. If they have a blanket rule on the criminal record check it is not only understandable but highly logical. Why should they look at anything and say, well it wasn't that bad? That's not their job. Their job is to apply regulations that demand we have a clean criminal record. I can't see how that is unreasonable. |
Best post of the thread thus far.
OP: if you have arrests on your record, you will be denied a visa for Korea. If you have charges on your record, same result. In fact, unless your record is clean you stand a chance of being denied.
A wise move would be to check out other options (other than Korea) at this point and while you wait for your CBC. |
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kiteflyer
Joined: 27 Jan 2008
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| Posted: Tue Jul 19, 2011 3:49 am Post subject: Take or give |
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For some reason, the FBI does not necessarily list "dispositions" [guilty or not] on the CBC. Meaning, if you order the CBC, were arrested for whatever reason, and the charge was dismissed (meaning your were found "not guilty") then the disposition should show "dismissed" on the CBC. In some cases, it may not.
You may have to correct the FBI CBC, which, in such case, only takes a minimum of 30 days at the FBI office. All you do is send in your original FBI CBC with supporting "official" documentation from the state court where you appeared and were found "not guilty." {or guilty}
Korea Immigration cannot hold you responsible for a "dismissed" charge.
The FBI updates the CBC/corrects it (and re-prepares it/stamps it for international employment --as per your written request) and sends it back to you, all free of charge. You are required to get the US Apostille and pay for it, once more.
On the other hand, if you have a [minor] tarnish on your CBC that shows up as an arrest, complete with "guilty" charge, you have a solid argument IF the misdemeanor arrest/charge occurred before your 21st birthday ~ anything under that age ... Korea considers that act happened when you were, according to Korean law, acting as a "Juvenile." The legal adult age in Korea is 21, last time I checked.
I am speaking from experience. I also believe a lot of it depends on who is sitting at the Immigration desk, the day you enter and give them all this. The offense, acting as a minor is the only sticky point. Other than that, dismissed charges are exactly that. Dismissed.
We have two different judicial systems trying to find a happy medium.
Growing pains will abound.
Good luck!
| dmwhitfi wrote: |
My best friend was arrested and finger printed twice- once for public intoxication and once for another small misdemeanor (something drinking related, but don't remember for what specifically off the top of my head). Another one of his friends had an underage drinking arrest and nothing came back. Both received their FBI CBC and no records were found. Unfortunately, idiots on this board don't know how the FBI collects information. The NCIC only obtains arrest records if the county or department forwards the arrest records to the state office, which in turn must pass the arrest off to the FBI. If you're arrested in a college town for instance (where the vast majority of police arrests are drinking related), chances are they just keep your record on file local and don't bother submitting it to the national database. They just want the revenue and don't want to submit hundreds of small class misdemeanors up to the state and/or DC. Additionally, many offices recognize that these national databases are now being used for such things, and do not submit them for altruistic reasons and not just because they are indolent.
I suggest running the check (it is inexpensive), and seeing what comes back. It's 50-50, but most certainly worth a shot- trust me.
To the individual being critical of the public urination arrest: What male on this board hasn't urinated outside before? Let's ban them all from teaching in Korea! People's goofiness abounds to new levels. |
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cincynate
Joined: 07 Jul 2009
Location: Jeju-do, South Korea
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| Posted: Tue Jul 19, 2011 9:05 pm Post subject: |
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| Korea Immigration cannot hold you responsible for a "dismissed" charge. |
They can and they will. They can do whatever they want, or haven't you been here very long?
If there is anything and I mean ANYTHING on your record.. Visa Denied! It is the rule here that your CBC must say "No Arrest Record" or they are to deny you your visa.
They don't have the time or expertise to sit around discussing your charges. Nor do they call you and ask you about them. Your visa application will be denied, and you'll be getting an unfriendly call from your director/recruiter/EPIK indicating that you won't be teaching in Korea. Don't waste your time.
| Quote: |
| On the other hand, if you have a [minor] tarnish on your CBC that shows up as an arrest, complete with "guilty" charge, you have a solid argument IF the misdemeanor arrest/charge occurred before your 21st birthday ~ anything under that age ... Korea considers that act happened when you were, according to Korean law, acting as a "Juvenile." The legal adult age in Korea is 21, last time I checked. |
They're not going to ask you about it. They are simply going to deny your visa. |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Tue Jul 19, 2011 9:11 pm Post subject: |
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| Julius wrote: |
| marsavalanche wrote: |
| And public urination? ... I'm GLAD anyone with a criminal history isn't allowed here. |
To be fair... public urination is not against the law in Korea....and it is commonplace.
There are a whole host of things that will get you a criminal record in the west but are quite normal in Korea. |
Many people have urinated in public. You would not normally get arrested for that in Europe, I think. In the US, you can get arrested for sneezing. I don't think it's a huge deal if someone urinates but is not trying to show his private parts to the world. Yet, cops will still harass people over that. I don't think most people who are rather wasted are exposing themselves while doing this. They usually go in some alley or something. This is so common place. |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Wed Jul 20, 2011 3:08 am Post subject: |
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It is common place for people who go partying and get drunk. It is in fact not a big deal.
However, if it shows up as an arrest or a charge on a CBC the game is up with Kimmi.
So there is our opinion of the issue and the outcome of having it on file when applying for an E2.
We can debate this till the cows come home but basically if the OP has arrests or charges on his CBC he will be denied. |
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mrwright
Joined: 20 Nov 2009
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| Posted: Thu Jul 21, 2011 9:18 am Post subject: |
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| How about credit? Will negative credit show up on the background check, and if it does, will that exclude someone from getting the visa? |
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Kimchifart
Joined: 15 Sep 2010
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| Posted: Thu Jul 21, 2011 10:05 am Post subject: |
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| marsavalanche wrote: |
You won't have a "no record found" on your CBC. Better start practicing Chinese.
And public urination? Seriously? Jesus, it's times like these I'm GLAD anyone with a criminal history isn't allowed here. |
What you never pissed outside on a booze up? Mother Teresa here. |
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Kimchifart
Joined: 15 Sep 2010
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| Posted: Thu Jul 21, 2011 10:06 am Post subject: Re: What criminal ofenses will bar my E-2 Visa app? |
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| ItsCalledLivin wrote: |
So I've had a few incidents but I've only been "charged" for one of them and I just had it expunged. Here they are:
-Minor Driving w/ alcohol level above .04 (17 years old, diversion program and the case was dropped)
-Using false i.d. to purchase alcohol (20 years old, no arrest, diversion program and no charges)
-Public urination (21 years old, no arrest, found innocent in court, no charges)
-Misdemeanor vandalism (21 years old, arrested & charged, charges expunged later upon request)
So I guess technically I should have no criminal record but I don't know what's gonna show up on the FBI background check.
My questions are:
1. What's going to show up on the FBI background check?
2. What offenses will cause my Visa to be denied?
3. Should I start looking for a job in a different country?
Thanks for the help!
-G |
You'll get a hard time on here with the whiny, judgmental Dave's crowd, but mate, I've got sympathy for you. Everything you've described is the standard drunken high jinks of any self respecting student. |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Thu Jul 21, 2011 10:43 am Post subject: |
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| PatrickGHBusan wrote: |
It is common place for people who go partying and get drunk. It is in fact not a big deal.
However, if it shows up as an arrest or a charge on a CBC the game is up with Kimmi.
So there is our opinion of the issue and the outcome of having it on file when applying for an E2.
We can debate this till the cows come home but basically if the OP has arrests or charges on his CBC he will be denied. |
I think it depends on the case. I will admit I had a DUI from 9 years ago. It showed up on a background check in early 2009 when I applied using a state check showing the misdemeanor. However, I do not know about 2011. I am not a heavy drinker. I rarely drink. It was something that happened years ago. We explained it to the immigration official, and he accepted my recruiter/Korean friend's explanation. Should one submit a letter in Korean? Some people have told me they don't think one DUI from several years ago should disqualify someone. It didn't disqualify me once, and I hope I will be okay a second time. I could have applied for a university job in Japan, but I thought it would be better to come back to Korea. We will see.... |
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PatrickGHBusan
Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -
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| Posted: Thu Jul 21, 2011 3:02 pm Post subject: |
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Best of luck Adventurer!
Hope it does not cause you any problems.  |
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Adventurer
Joined: 28 Jan 2006
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| Posted: Thu Jul 21, 2011 3:13 pm Post subject: |
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| PatrickGHBusan wrote: |
Best of luck Adventurer!
Hope it does not cause you any problems. |
What is causing me trouble at the moment is that may background check took forever, and I will have to wait two weeks for the apostille. I wish I could have paid some extra fee to make it go faster. It would have made a big difference if I got the check a week earlier. I am cutting it so close since they expect me to make orientation on the 26th, but the director is telling me the visa number could take 15 days after getting all paperwork. That's not much time. If it would take them 10 days, fine, but 15 is excessive. Does it normally take 15 days? Is there a way to speed up in Korea once I have everything together? |
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