Korean Job Discussion Forums

[david]

I was convicted of a misdemeanor criminal offense in 2006. ( Violation of a restraining order ) I sent in an application to have this annulled, but the annulment was denied because the court ruled that not enough time elapsed between my conviction and the submitted petition.

I received my FBI CRC about six months ago, but only recently opened it because I thought that by opening it I would not be able to submit it to immigration. I opened it recently, on the advice of a recruiter, and found out that my conviction and subsequent 90 day suspended sentence were on my CRC.

I had submitted a petition to annul in the past and had it denied on the grounds that not enough time had passed between the date of conviction and date of annulment submission. ( The reason given for denial of annulment request is invalid. Enough time had in fact passed.)

I called the state and the local court. I was told that I could file a motion with the court and that the motion would be held for ten days until a ruling was made to uphold or overturn the decision originally made by the court. I was also told that I could submit another petition and another payment to the state and go through the entire annulment process yet again.

1) Is my 6 month old CRC allowed to be submitted to immigration for E2 visa purposes at this point?

2) Will the record and conviction keep me from working on an E2 visa?

3) If my motion to overturn is granted: How do I get the state to submit the expunged record to the FBI and have it cleared by the FBI? How long would this take? Can this process be expedited?

4) In requesting a new CRC: Do I need to submit another set of fingerprints and go through the whole process again? Can I submit the photocopied set of fingerprints that were sent back to me with the record check?

Any and all advice would be greatly appreciated. Thank You.

[ttompatz]