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D. Darko
Joined: 27 May 2012
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 Posted: Fri Aug 17, 2012 7:10 pm Post subject: Background Checks and Reasons to Deny E-2 Visa |
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So, as I understand it, the main purpose of the background checks are to keep out sex and drug offenders. Questions I have:
What other offenses have you heard of people getting denied for? (besides horrible, violent crimes which would seem pretty obvious, though you'd think they'd be in prison and not applying to teach. Anyway...
Are you aware of whether or not a past offense is mitigated by the amount of time since it happened?
I just received my background check and something from over 20 years ago came up - something stupid that I did as a teenager. A misdemeanor that got me some probation and a small fine. I was supposed to be expunged from my record. I haven't had any trouble with the law since.
I've also lived in Korea for over three years in the past, incident free. On top of that, I passed a background check and lived there in 2009. Somehow this old black mark got back into my records. It was a real shocker to see it on there, and now I'm bummed thinking I may not be able to go back, which I really want to do. (no comments from the sophomoric peanut gallery necessary, thank you.)
Any insight would be appreciated! |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Fri Aug 17, 2012 7:51 pm Post subject: |
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Dude, I feel for you. Everyone makes mistakes when they're young and this sort of thing should be overlooked. Unfortunately Korean immigration has taken a black-and-white approach to this for the sake for of expediency. They don't have the resources to research every single law and make a judgement call on a case-by-case basis. Sadly, you will be denied a visa for anything other than a clean sheet.
Luckily the world is large and opportunity abounds. When one door closes, another one opens. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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| Posted: Fri Aug 17, 2012 9:07 pm Post subject: |
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This one will go all over. Some people say yes, you will be able to get one, while others say no. I lean towards no with human nature.
Here is a reading list for you.
Arrested for pot 10 years ago - http://forums.eslcafe.com/korea/viewtopic.php?t=192445
Two D.U.I's on my CBR, am I screwed? - http://forums.eslcafe.com/korea/viewtopic.php?t=213206
Can my friend come to teach in Korea with a DUI? - http://forums.eslcafe.com/korea/viewtopic.php?t=167955
Anybody who DOESN'T have a clean criminal background check? - http://forums.eslcafe.com/korea/viewtopic.php?p=2296454
CRC not accepted by immigration - http://forums.eslcafe.com/korea/viewtopic.php?p=1727267
Visa request - FBI CRC - Misdemeanor that is over 20 years o - http://forums.eslcafe.com/korea/viewtopic.php?t=219862
20+ Year Old Petty Theft Will Disqualify You For E2 Visa? - http://forums.eslcafe.com/korea/viewtopic.php?t=189181
I've been arrested as a kid, is this a problem for visa? - http://forums.eslcafe.com/korea/viewtopic.php?p=2140994
Arrest on my record. How screwed am I? - http://forums.eslcafe.com/korea/viewtopic.php?p=2713573
i have a criminal record - http://forums.eslcafe.com/korea/viewtopic.php?p=1476916
3rd Degree Misdemeanor DUI Charge, Possibility To Teach? - http://forums.eslcafe.com/korea/viewtopic.php?t=200129
Rejected by new visa rules - http://forums.eslcafe.com/korea/viewtopic.php?t=109142
Can I get a visa if my CBC says DUI from 8 years ago? - http://forums.eslcafe.com/korea/viewtopic.php?p=2073015
Criminal Background Check: Expunged Conviction a Problem? - http://forums.eslcafe.com/korea/viewtopic.php?t=115609
13 years ago, minor in possession of alcohol. Can I get E2 - http://forums.eslcafe.com/korea/viewtopic.php?t=200594
Do you have a criminal record? - http://forums.eslcafe.com/korea/viewtopic.php?t=108237
Misdemeanor Conviction, Annulments, and FBI - http://forums.eslcafe.com/korea/viewtopic.php?t=216172
Getting a job with a misdemeanor - http://forums.eslcafe.com/korea/viewtopic.php?t=178099
I'm not a criminal but...... - http://forums.eslcafe.com/korea/viewtopic.php?t=132978
A question about the Criminal Records Check - http://forums.eslcafe.com/korea/viewtopic.php?t=165767
Concerning criminal record - http://forums.eslcafe.com/korea/viewtopic.php?t=186367
Possible to teach in Korea/Japan with criminal record? - http://forums.eslcafe.com/korea/viewtopic.php?t=196922
Arrest Record and Work? - http://forums.eslcafe.com/korea/viewtopic.php?t=190695
Yet ANOTHER question about CBCs. - http://forums.eslcafe.com/korea/viewtopic.php?t=192933
Who got a visa with an arrest record? - http://forums.eslcafe.com/korea/viewtopic.php?t=201590
criminal records and the korean job hunt - http://forums.eslcafe.com/korea/viewtopic.php?t=201282
E2 Visa for Public Disturbance with charges dropped? - http://forums.eslcafe.com/korea/viewtopic.php?p=2198034
Getting an E-2 with an expunged DUI on record - http://forums.eslcafe.com/korea/viewtopic.php?p=2803950
Formal request to stop helping criminals - http://forums.eslcafe.com/korea/viewtopic.php?t=196941
Misdemeanor in US- Effect FBI bckgrnd check/empl. in S.K.? - http://forums.eslcafe.com/korea/viewtopic.php?p=2749415
3rd Degree Misdemeanor DUI Charge, Possibility To Teach? - http://forums.eslcafe.com/korea/viewtopic.php?t=200129
This is How You Know If You Have Criminal Record! - http://forums.eslcafe.com/korea/viewtopic.php?t=201529
Teaching in Korea with a criminal background - http://forums.eslcafe.com/korea/viewtopic.php?t=194990
Denied visa due to arrest on CBC - can I reapply?? - http://forums.eslcafe.com/korea/viewtopic.php?p=2785431
Hope for those with arrests worried about the FBI check! - http://forums.eslcafe.com/korea/viewtopic.php?p=2760204
Arrest record, but charges dropped or dismissed - http://forums.eslcafe.com/korea/viewtopic.php?t=221174
More later... Listing is growing. Seems this question gets asked often. |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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jeremydc808
Joined: 16 Apr 2012
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| Posted: Fri Aug 17, 2012 11:35 pm Post subject: |
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AWESOME Thread!.
I'm sweating over a few unpaid tickets. Never arrested but still! |
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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Skippy
Joined: 18 Jan 2003
Location: Daejeon
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sat Aug 18, 2012 1:04 am Post subject: |
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| I wonder which of the zillion linked threads ended up with "YES", meaning the teacher could work. Would there be a correlation or is it just up to the person reviewing your application relative to the importance of the school wanting to hire you? |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Sat Aug 18, 2012 2:38 am Post subject: |
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| I'm loving your work Skippy, but I too would be interested in knowing how things panned out. Maybe you could do a search on each of the OP's usernames and determine who made it and who didn't. |
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Dodge7
Joined: 21 Oct 2011
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| Posted: Sat Aug 18, 2012 6:15 am Post subject: |
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| Skippy was bored tonight |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat Aug 18, 2012 6:21 am Post subject: |
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OP:
There have been a few cases where people who are in Korea and who had a history here were able to extend or transfer their visas with old, minor offenses on their check.
I am NOT aware of ANY case where a new visa was issued with any positive finding on a CBC but again, prior history in Korea and an employer who is willing to make the effort MAY make a difference.
Chances are, that if you need to use a recruiter or are applying from abroad AND need a new visa confirmation number/NOA the answer will be a flat "NO".
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D. Darko
Joined: 27 May 2012
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| Posted: Sat Aug 18, 2012 11:10 am Post subject: |
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Okay Skippy, thanks for the info and work. You obviously have more time than I do.
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D. Darko
Joined: 27 May 2012
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| Posted: Sat Aug 18, 2012 11:16 am Post subject: |
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Thanks man. I guess I'm going to have to get it removed from my record, a process who knows how long will take. And then go through the bg check process again. You'd think with all the consistently unfilled positions they have, that they would'n't make you jump through all of these hoops. What a bunch of bullshit.
But yes, other opportunities are out there - it's just that I know Korea well, know the language some, and the money is better than most places. Anyway, we'll see...
quote="viciousdinosaur"]Dude, I feel for you. Everyone makes mistakes when they're young and this sort of thing should be overlooked. Unfortunately Korean immigration has taken a black-and-white approach to this for the sake for of expediency. They don't have the resources to research every single law and make a judgement call on a case-by-case basis. Sadly, you will be denied a visa for anything other than a clean sheet.
Luckily the world is large and opportunity abounds. When one door closes, another one opens.[/quote] |
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D. Darko
Joined: 27 May 2012
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| Posted: Sat Aug 18, 2012 11:28 am Post subject: |
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Yep, I knew there was going to be at least one poster like you. I appreciated the first list, but this is total overkill. I don't have time to do all these searches, would rather hear new answers that respond to me. Google? Really? Wow, newsflash there. You really do need a hobby. Which could come in the form of a girlfriend. Come on dude, you're in Korea - land of the easy hook up - go get laid.
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YTMND
Joined: 16 Jan 2012
Location: You're the man now dog!!
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| Posted: Sat Aug 18, 2012 12:25 pm Post subject: |
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I just followed some of those threads. It's like seeing drunks talk about how non-drunk they are, threatening to shove staplers up private parts if immigration rejects them based on a criminal background check? 
Maybe immigration called it right  |
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