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cookiedowe
Joined: 24 Nov 2009
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 Posted: Thu Jul 12, 2012 10:48 am Post subject: Getting an E-2 with an expunged DUI on record |
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| I got one in 2006 and so far it hasn't been a problem. I was able to apply and obtain an E-2 Visa twice before. Now I am in the process of getting in expunged because of the new Immigration Laws. I am wondering if anyone knows what exactly what will show up on an FBI background check and if I will even be eligible to get another E-2 Visa. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jul 12, 2012 2:47 pm Post subject: Re: Getting an E-2 with an expunged DUI on record |
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| cookiedowe wrote: |
| I got one in 2006 and so far it hasn't been a problem. I was able to apply and obtain an E-2 Visa twice before. Now I am in the process of getting in expunged because of the new Immigration Laws. I am wondering if anyone knows what exactly what will show up on an FBI background check and if I will even be eligible to get another E-2 Visa. |
I don't know what will show up on the CBC but if it comes back as "no derogatory record found" / "no record found" then you are good to go.
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JustinC
Joined: 10 Mar 2012
Location: We Are The World!
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| Posted: Thu Jul 12, 2012 3:47 pm Post subject: |
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| As long as it was only DUI and no other offence - resisting, dangerous driving etc - you should be fine. |
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Scorpion
Joined: 15 Apr 2012
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| Posted: Thu Jul 12, 2012 5:15 pm Post subject: |
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LOL.
Am I the only person who thinks it the height of absurdity that Korean immigration can deny a work visa to someone because of a driving offence. They don't even see the irony. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Thu Jul 12, 2012 7:36 pm Post subject: |
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| Scorpion wrote: |
LOL.
Am I the only person who thinks it the height of absurdity that Korean immigration can deny a work visa to someone because of a driving offense. They don't even see the irony. |
What is ironic? The fact that they also have a problem with drunk drivers? That makes it a great reason to disallow offenders who may repeat their offense (recidivism rates for DUI is pretty high) even if that is not the actual reason.
The actual reason is that it is NOT their job to determine the circumstances of YOUR previous legal issues or to try to understand the criminal justice system of your country.
Just like the US (whose policy they copied) they deny all applications with criminal convictions or notations on the national background check.
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Scorpion
Joined: 15 Apr 2012
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| Posted: Sun Jul 15, 2012 4:29 pm Post subject: |
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LOL.
Does noone else see the absurdity of a nation of traffic scofflaws denying foreigners a visa because of a traffic offence. THe dude at immigration witrh the 'denied' stamp probably ran threee lights on his way to work that morning, and will run another five on his way home. Then park his car on the crosswalk. If this was a place where traffic offences were taken seriously, I'd concede their point. But when I can't stand at an intersection in Korea without being astonished at the sheer lawlessness of the driving culture it's a bit rich. |
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TheUrbanMyth
Joined: 28 Jan 2003
Location: Retired
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| Posted: Sun Jul 15, 2012 4:53 pm Post subject: |
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| Scorpion wrote: |
LOL.
Does noone else see the absurdity of a nation of traffic scofflaws denying foreigners a visa because of a traffic offence. THe dude at immigration witrh the 'denied' stamp probably ran threee lights on his way to work that morning, and will run another five on his way home. Then park his car on the crosswalk. If this was a place where traffic offences were taken seriously, I'd concede their point. But when I can't stand at an intersection in Korea without being astonished at the sheer lawlessness of the driving culture it's a bit rich. |
It doesn't matter what KIND of offense it was. Anything at all on the CBC and you are likely to get denied.
Besides which Immigration's job is not to police citizens. That's what the traffic police are for. And in any case because citizens drive dangerously they have to let in foreigners to do the same?
What kind of logic is that? |
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northway
Joined: 05 Jul 2010
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| Posted: Sun Jul 15, 2012 5:01 pm Post subject: |
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| Scorpion wrote: |
LOL.
Does noone else see the absurdity of a nation of traffic scofflaws denying foreigners a visa because of a traffic offence. THe dude at immigration witrh the 'denied' stamp probably ran threee lights on his way to work that morning, and will run another five on his way home. Then park his car on the crosswalk. If this was a place where traffic offences were taken seriously, I'd concede their point. But when I can't stand at an intersection in Korea without being astonished at the sheer lawlessness of the driving culture it's a bit rich. |
A DUI is a bit more than just a traffic offense, and drunk driving is enforced in Korea (what with all the alcohol checkpoints), so I don't really se any hypocrisy on this front. You're not having your visa denied for running red lights, you're having your visa denied for doing something that you could lose your job for back home as well. |
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Emark
Joined: 10 May 2007
Location: duh, Korea?
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| Posted: Sun Jul 15, 2012 5:46 pm Post subject: |
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| To a certain extent, I see the justice system as a revenue generating machine. It seems to create a lot more convictions with less severe penalties (aside from paying fines) than ever before. Getting a pardon seems to be big business too. If you are convicted of a criminal offense, it seems to me that you pay money as a penalty, then in a couple years, pay more money to get a pardon. It doesn't seems to be a big deal except to those who SUDDENLY need to have a clear record. I guess that just serves to be part of your punishment for breaking whatever law. |
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Who's Your Daddy?
Joined: 30 May 2010
Location: Victoria, Canada.
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| Posted: Sun Jul 15, 2012 8:41 pm Post subject: |
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| ㅅㅅ Exactly. Some of our home countries people are arrested all the time, constantly harassed. In Canada you always had to watch out for cops, my friend was pulled over for not coming to a complete stop at a 4 way. WTF. That's a money grab. There was nobody there. That seems to happen less in Korea. |
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cookiedowe
Joined: 24 Nov 2009
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| Posted: Mon Jul 16, 2012 3:04 pm Post subject: |
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| So does anyone actually have any relevant information on my original question? |
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northway
Joined: 05 Jul 2010
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| Posted: Mon Jul 16, 2012 3:33 pm Post subject: |
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| cookiedowe wrote: |
| So does anyone actually have any relevant information on my original question? |
You won't know until you actually get your CBC back. While the record is expunged, the arrest may still show up. It depends on the jurisdiction in which the offense occurred. As always, no one can say for sure what will be on your CBC, you just have to send off for it and hope for the best. |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Mon Jul 16, 2012 4:07 pm Post subject: |
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| cookiedowe wrote: |
| So does anyone actually have any relevant information on my original question? |
Frankly, nobody is sure unless they have spoken to someone who has squeaked by with something on the CRC, not even those on here who say otherwise. There is this...
http://www.koreatimes.co.kr/www/news/nation/2012/07/113_114312.html
"Visa seekers with histories of violent crimes, such as murder, robbery or rape will be denied entry, the KIS said."
Does this mean those with less serious crimes/misdemeanors are granted a visa? I'm not sure nor is anyone else unless they personally know someone who has been denied or granted. I haven't seen anyone on here saying they have seen someone's CRC with something on it/unclean minor/misdemeanor record who was later denied by KIS, but I wouldn't necessarily trust what I read anyway. Then again it could also be case by case, how much pull does your employer have? |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Mon Jul 16, 2012 4:21 pm Post subject: |
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| JustinC wrote: |
| As long as it was only DUI and no other offence - resisting, dangerous driving etc - you should be fine. |
Are you saying reckless driving is more serious than DUI? |
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DoraMallott
Joined: 30 May 2012
Location: Manchester UK
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| Posted: Sat Jul 28, 2012 2:07 pm Post subject: PLEASE HELP :) |
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Hey Guys,
I'm from the UK & I'm wondering if my TT99 (a driving ban from a totting up procedure) will stop me obtaining an E2 visa???
The ban wasn't for a DUI just a totting up of driving points (e.g. speeding) which then ended up me going to court and facing a 6 month driving ban.
PLEASE PLEASE PLEASE can someone advise me on if I will be rejected from Korean Immigration???!!!
Thank You,
Dora  |
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