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Did Immi Recently Change CBC Requirements for E-2 Visa?
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Marissa0687



Joined: 26 Mar 2009

PostPosted: Thu Jun 25, 2009 8:00 pm    Post subject: Did Immi Recently Change CBC Requirements for E-2 Visa? Reply with quote

Has anyone heard anything concrete about Immigration changing the rules for CBCs for E-2 visa applicants? I have a local background check and was positive this would be acceptable. Now, I'm hearing from a few recruiters that recent changes to Immigration policy require a statewide check for U.S. applicants. Does anyone know for sure? Anyone get approved or denied recently with a local (city) check? Thanks in advance.
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Tobias



Joined: 02 Jun 2008

PostPosted: Fri Jun 26, 2009 12:32 am    Post subject: Reply with quote

I've noticed this is becoming something the employers are asking for.
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moosehead



Joined: 05 May 2007

PostPosted: Fri Jun 26, 2009 7:13 pm    Post subject: Reply with quote

sounds more like clarification of the original requirement than anything else - you are the first I've heard of that only obtained a city check - in fact I've never even heard of this kind of check before - everyone always talks about a state or provincial check -

if I were you I'd definitely go on and see about getting the state-wide check done for your app or you might be rejected.
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Fri Jun 26, 2009 7:44 pm    Post subject: Reply with quote

The CBC will need to be less than 6 months old. It may also need to be apostilled, depending on whether the US is a signatory to the 1961 Hague Convention on certification of docs. And I think it is?

"In the United States, apostilles are usually affixed by the secretary of state in each US state or territory. It may be necessary for an intermediary official to affix a certification that the original signatory (notary or clerk) was authorized to sign the public document, leading to a complex process for obtaining the apostille."

http://en.wikipedia.org/wiki/Hague_Convention_Abolishing_the_Requirement_for_Legalisation_for_Foreign_Public_Documents

[d] Which States and Regional Economic Integration Organisations are Members of the Hague Conference?
The Hague Conference has currently 69 Members: Albania, Argentina, Australia, Austria, Belarus, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, China, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, Egypt, Estonia, the European Community, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Jordan, Republic of Korea, Latvia, Lithuania, Luxembourg, The former Yugoslav Republic of Macedonia, Malaysia, Malta, Mexico, Monaco, Montenegro, Morocco, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Romania, Russian Federation, Serbia, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Turkey, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay and Venezuela.

Source: http://www.hcch.net/index_en.php?act=faq.details&fid=6

ie, ALL of the citizens of English speaking countries contracted to work in Korea. I've added the above, because a Canadian in another thread previously claimed exemption from the need to apostille docs in that country. South Korea became a signatory in 2007.
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lifeinkorea



Joined: 24 Jan 2009
Location: somewhere in China

PostPosted: Sat Jun 27, 2009 2:26 am    Post subject: Reply with quote

Quote:
It may also need to be apostilled


You can also go to the US Embassy and sign an affidavit instead. It's quick, easy, and you can do it on your own without family members needing to help out.
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Sat Jun 27, 2009 3:29 am    Post subject: affidavit Reply with quote

Korean Immigration might not accept an affidavit to issue your visa issuance number / E2 visa. I'd check with them.
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moosehead



Joined: 05 May 2007

PostPosted: Sat Jun 27, 2009 3:49 am    Post subject: Re: affidavit Reply with quote

chris_J2 wrote:
Korean Immigration might not accept an affidavit to issue your visa issuance number / E2 visa. I'd check with them.


it's a bad idea to ever ask Kimmi what's what because no one will ever get the same answer twice - Rolling Eyes Rolling Eyes

that being said, they absolutely DO accept the affidavit, I've provided one as have other people I know.
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Mush



Joined: 01 Apr 2009
Location: Busan

PostPosted: Sat Jun 27, 2009 5:55 am    Post subject: Reply with quote

chris_J2 wrote:
ie, ALL of the citizens of English speaking countries contracted to work in Korea. I've added the above, because a Canadian in another thread previously claimed exemption from the need to apostille docs in that country. South Korea became a signatory in 2007.


Ummm, no... Canadians are, indeed, exempt from the need to apostille.

From the Korean Immigration website:

Quote:
Issuance of proof of (lack of) criminal records
※ The records must be affixed with the relevant nation�s Apostille
※ Nationals of countries that have not signed the Apostille treaty, (Canada, China, etc) must get their records verified by their local Korean consulate and those already in Korea who were issued their criminal records from their consulates in Korea have no need for an Apostille

http://www.hikorea.go.kr/pt/InfoDetailR_en.pt?categoryId=2&parentId=382&catSeq=385&showMenuId=374&visaId=E2

While Canada is a member of the Hague Conference as shown by your link, Canada is not a signatory to the apostille agreement. Have a look for yourself:
http://www.hcch.net/index_en.php?act=conventions.status&cid=41
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Epicurus



Joined: 18 Jun 2009

PostPosted: Sat Jun 27, 2009 7:46 am    Post subject: Reply with quote

moosehead wrote:
sounds more like clarification of the original requirement than anything else - you are the first I've heard of that only obtained a city check - in fact I've never even heard of this kind of check before - everyone always talks about a state or provincial check -
.


you've heard of it now.

I only submitted a city check when applying thru a recruiter for a gepik position in late spring of 2008. I'm a North American from a very large city. It was never an issue.

It was a city criminal background check which was then appostilled at the State Office of the Sec of State. (basically at the main driver license/sec of state facilities in the downtown of the city)
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moosehead



Joined: 05 May 2007

PostPosted: Sat Jun 27, 2009 8:22 am    Post subject: Reply with quote

that's interesting but also sort of bizarre - especially considering the huge number of suburbs - is it supposed to just cover a particular city's jurisdiction? what if someone was convicted in the same state but a different city?

is there something I'm missing here or what?
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SandyG21



Joined: 26 Oct 2008

PostPosted: Sat Jun 27, 2009 8:48 am    Post subject: Reply with quote

Well they don't do local Criminal background checks in my city/county - just the state does one. Then the FBI can also do one - expensive and takes alot of time though.
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cruisemonkey



Joined: 04 Jul 2005
Location: Hopefully, the same place as my luggage.

PostPosted: Sat Jun 27, 2009 8:58 am    Post subject: Reply with quote

To answer the original question and title of this thread -

NO THEY HAVEN'T.

Now... boys & girls you can go ahead and speculate to your hearts' content about anything you want. Rolling Eyes
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chris_J2



Joined: 17 Apr 2006
Location: From Brisbane, Au.

PostPosted: Sat Jun 27, 2009 11:31 am    Post subject: Apostilles Reply with quote

Quote:
I've provided one as have other people I know.


When? The ground rules changed in late 2007, when Korea became a signatory to the Hague Convention, & Korean Immigration Offices are no longer under any obligation to apostille documents for you, if your country is a signatory, too.

Quote:
While Canada is a member of the Hague Conference as shown by your link, Canada is not a signatory to the apostille agreement. Have a look for yourself:
http://www.hcch.net/index_en.php?act=conventions.status&cid=41


Canada doesn't appear on the list of NON signatory nations either, in that link. In fact, it's missing completely from both categories. Bizarre.

In any case, the OP is American, & the US is definitely a signatory.
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Chambertin



Joined: 07 Jun 2009
Location: Gunsan

PostPosted: Sat Jun 27, 2009 2:14 pm    Post subject: Reply with quote

I have been working with a few recruiters, and there is a mark difference from what they say to what is required.

As it stands this is what is needed for the CBC to be valid.
- Minimum of state (provencial) level check + Apostille
Should be from your home of record state to avoid problems

- Apostille stamp verifying the authenticity of the document
the US is a member nation. For a US endorced stamp info check the official HCCH website.
http://www.hcch.net/index_en.php?act=authorities.details&aid=353

- All other member nations
http://www.hcch.net/index_en.php?act=conventions.authorities&cid=41

Sec. of State is generally the authority and may have walk in service not listed on this website. You should call your county level office to confirm as the local office will probably have no clue as to what you are talking about.

If you want to check you can look yourself or call. Korean embassy website is flash and I dont feel like decoding it to provide a direct link. ( I doubt I could anymore anyway )
English, then left side menu for Visas
http://www.koreaembassyusa.org/
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eajones



Joined: 24 May 2009

PostPosted: Tue Jun 30, 2009 1:08 pm    Post subject: Reply with quote

I also obtained a city-background check (I was told by the rep from my school that immigration would accept that), but last week she called me to tell me that immigration was no longer accepting those and that I would need a federal or state check (which then needs to be apostilled). So I had to drive 3 hours to my state capital to get it done within a day because they needed it ASAP.
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