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Criminal Record (Misdemeanor) and getting a Visa

 
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Kwikly



Joined: 17 Aug 2011

PostPosted: Fri Aug 19, 2011 6:16 pm    Post subject: Criminal Record (Misdemeanor) and getting a Visa Reply with quote

Does Korean Immigration automatically "reject" an applicant if one has a single criminal conviction for a misdemeanor 28 years ago??

Who would be a good person to ask? (Lawyer, legal expert, etc.)


K.
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TheUrbanMyth



Joined: 28 Jan 2003
Location: Retired

PostPosted: Fri Aug 19, 2011 7:06 pm    Post subject: Re: Criminal Record (Misdemeanor) and getting a Visa Reply with quote

Kwikly wrote:
Does Korean Immigration automatically "reject" an applicant if one has a single criminal conviction for a misdemeanor 28 years ago??

Who would be a good person to ask? (Lawyer, legal expert, etc.)


K.


Generally speaking it doesn't matter how long ago it was.

If Korean Immigration sees anything on it on all other than "No record found" it is automatically rejected.

Yes a few people slip through the cracks here and there...but it is being tightened up all the time.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Aug 19, 2011 8:40 pm    Post subject: Re: Criminal Record (Misdemeanor) and getting a Visa Reply with quote

Kwikly wrote:
Does Korean Immigration automatically "reject" an applicant if one has a single criminal conviction for a misdemeanor 28 years ago??

Who would be a good person to ask? (Lawyer, legal expert, etc.)


K.


As a matter of policy, YES, without recourse or appeal.

If it shows on your national CBC then you need to choose a new country.

If you haven't actually pulled your CBC and are basing the question on a what-if, then GET IT DONE and then you will know.

.
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Kwikly



Joined: 17 Aug 2011

PostPosted: Fri Aug 19, 2011 8:52 pm    Post subject: Re: Criminal Record (Misdemeanor) and getting a Visa Reply with quote

ttompatz wrote:
Kwikly wrote:
Does Korean Immigration automatically "reject" an applicant if one has a single criminal conviction for a misdemeanor 28 years ago??

Who would be a good person to ask? (Lawyer, legal expert, etc.)


K.


As a matter of policy, YES, without recourse or appeal.

If it shows on your national CBC then you need to choose a new country.

If you haven't actually pulled your CBC and are basing the question on a what-if, then GET IT DONE and then you will know.

.




Then, what is the fastest way to find out what's in my "CBC"? I'm a U.S. citizen but am not in the States now.


K.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Aug 19, 2011 9:07 pm    Post subject: Reply with quote

There is no fast way.

Go to the FBI website and follow directions for getting printed while abroad and mail it in. Make sure it is certified so you can get an apostille on it.

If you need directions, pick any of the 200+ threads on this forum with specifics.

You can't begin the process of getting a job in Korea until you have the FBI check (with apostille) in your hot hands anyway so everything else is moot.

.
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Kwikly



Joined: 17 Aug 2011

PostPosted: Fri Aug 19, 2011 10:21 pm    Post subject: Reply with quote

ttompatz wrote:
There is no fast way.

Go to the FBI website and follow directions for getting printed while abroad and mail it in. Make sure it is certified so you can get an apostille on it.

If you need directions, pick any of the 200+ threads on this forum with specifics.

You can't begin the process of getting a job in Korea until you have the FBI check (with apostille) in your hot hands anyway so everything else is moot.

.



Thanks. I'll take a look at the threads to see if I can find an answer. Appreciate your response.
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Kwikly



Joined: 17 Aug 2011

PostPosted: Fri Aug 19, 2011 10:22 pm    Post subject: Re: Criminal Record (Misdemeanor) and getting a Visa Reply with quote

TheUrbanMyth wrote:
Kwikly wrote:
Does Korean Immigration automatically "reject" an applicant if one has a single criminal conviction for a misdemeanor 28 years ago??

Who would be a good person to ask? (Lawyer, legal expert, etc.)


K.


Generally speaking it doesn't matter how long ago it was.

If Korean Immigration sees anything on it on all other than "No record found" it is automatically rejected.

Yes a few people slip through the cracks here and there...but it is being tightened up all the time.




Thanks for your response.
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DaHu



Joined: 09 Feb 2011

PostPosted: Fri Aug 19, 2011 11:15 pm    Post subject: Reply with quote

it takes MONTHS to do, so don't expect anything fast.. just go to China if you need to work, and eventually you might be able to come back here
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Kwikly



Joined: 17 Aug 2011

PostPosted: Fri Aug 19, 2011 11:31 pm    Post subject: Reply with quote

DaHu wrote:
it takes MONTHS to do, so don't expect anything fast.. just go to China if you need to work, and eventually you might be able to come back here




I'm wading through all the posts on this topic -- and there's a TON of posts!!!

I just need a couple of *definitive* answers:

1. Are fingerprints ABSOLUTELY required to complete the CRC?

2. Can I have my home state in the U.S. do this check, or does it *have* to be the FBI?? (My home state is saying they can do background checks in one month or less.)


K.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sat Aug 20, 2011 1:31 am    Post subject: Reply with quote

Kwikly wrote:
I just need a couple of *definitive* answers:

1. Are fingerprints ABSOLUTELY required to complete the CRC?

2. Can I have my home state in the U.S. do this check, or does it *have* to be the FBI?? (My home state is saying they can do background checks in one month or less.)

K.


1) YES.
2) NO. It MUST be an FBI check (with an apostille).

.
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Kwikly



Joined: 17 Aug 2011

PostPosted: Sun Aug 21, 2011 4:04 am    Post subject: Reply with quote

ttompatz wrote:
Kwikly wrote:
I just need a couple of *definitive* answers:

1. Are fingerprints ABSOLUTELY required to complete the CRC?

2. Can I have my home state in the U.S. do this check, or does it *have* to be the FBI?? (My home state is saying they can do background checks in one month or less.)

K.


1) YES.
2) NO. It MUST be an FBI check (with an apostille).

.



OK, thanks for that.


K.
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jeremysums



Joined: 08 Apr 2011

PostPosted: Tue Sep 20, 2011 12:28 pm    Post subject: Re: Criminal Record (Misdemeanor) and getting a Visa Reply with quote

Did they reject you?

Kwikly wrote:
Does Korean Immigration automatically "reject" an applicant if one has a single criminal conviction for a misdemeanor 28 years ago??

Who would be a good person to ask? (Lawyer, legal expert, etc.)


K.
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Kwikly



Joined: 17 Aug 2011

PostPosted: Tue Sep 20, 2011 3:39 pm    Post subject: Re: Criminal Record (Misdemeanor) and getting a Visa Reply with quote

jeremysums wrote:
Did they reject you?

Kwikly wrote:
Does Korean Immigration automatically "reject" an applicant if one has a single criminal conviction for a misdemeanor 28 years ago??

Who would be a good person to ask? (Lawyer, legal expert, etc.)

K.



I haven't applied yet.
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plchron



Joined: 26 Feb 2011
Location: Korea

PostPosted: Tue Sep 20, 2011 10:10 pm    Post subject: Reply with quote

to the OP:

if you go thorugh with getting the CBC, then you can get your state to "acceptabley" apostille the document or you can use a special service and courier the documents to them. Both of those options are ten times faster than mailing it to the department of state in Washington DC. Some of the services are very expensive, but there is one out there for about $40 plus postage.
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Kwikly



Joined: 17 Aug 2011

PostPosted: Wed Sep 21, 2011 4:44 am    Post subject: Reply with quote

plchron wrote:
to the OP:

if you go thorugh with getting the CBC, then you can get your state to "acceptabley" apostille the document or you can use a special service and courier the documents to them. Both of those options are ten times faster than mailing it to the department of state in Washington DC. Some of the services are very expensive, but there is one out there for about $40 plus postage.




Thanks very much for this. I've been thinking of what to do should such circumstances arise.

Can you tell me which service costs $40 pp?
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