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Reflections on the FBI background check
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Riker



Joined: 28 Dec 2010

PostPosted: Fri Feb 25, 2011 10:24 pm    Post subject: Reflections on the FBI background check Reply with quote

Out of all the posts I see here on Dave's, FBI checks seem to cause the most irritation.

I've seen a lot of posts of people who have to leave Korea after long stays and others who can not come for the first time because of the FBI background checks.Personally, it does not affect me other than the delay of waiting for it as I have no criminal record ( thank god, because we all know how easy it is to get one in the states )

Part of me likes it because maybe it will cut down on the competition but strikes me as just lame and I feel a little guilty about it.

What's your take? Do you know people who had to leave because of it?
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s10czar



Joined: 14 Feb 2010

PostPosted: Fri Feb 25, 2011 10:52 pm    Post subject: Reply with quote

I'm stateside. On thing I wanted to share is that when you request your CRC from the FBI you also have to request that it come with an official seal and signature. Otherwise they will send you a generic one that cannot be apostilled.

What is absolutely inexcusable is that the Feds DO NOT make this clear upfront and -unless you specifically request it- they WILL NOT send you the signed and sealed version.

Thank you Uncle Sam. Now instead of leaving in April as planned I have to re-do this step and wait until August.

I'M PISSED OFF
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Canonite



Joined: 01 Feb 2011

PostPosted: Fri Feb 25, 2011 11:11 pm    Post subject: Reply with quote

I see absolutely nothing wrong with it. We Canadians have to get a national criminal record check done as well, and it sucks that it cost me a few bucks (criminal record 25, notary public 25, apostille 5), but I think it's perfectly legitimate to hold guests in your country who will be with children for extended periods of time to a certain standard.

The ONLY thing that I thought would suck, is the kind of record check they request we Canadians get reveals everything, including arrests and other dealings with police that DID NOT result in a conviction. So, for example, if there is a big barfight and you happen to be there but not involved, but the police think you were fighting and you get arrested then released, that, in theory, shows up on this record.

Obviously none of this was an issue for me, my record is spotless in every way, but I could see that minor point being a perhaps somewhat unfair stumbling block to some.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sat Feb 26, 2011 12:29 am    Post subject: Reply with quote

s10czar, recently the FBI has added paragraph on their CBC info page about requesting the seal/signature.

Here are the problems with Korea requiring an FBI CBC for E-2 visas:

1. Korean immigration does not use CBCs farily nor do they understand the US legal system of "innocent until proven guilty." Immi will only grant visas to people with CBCs that say "No criminal history." If an arrest shows up, or if something like "case dismissed" shows up, they will not grant an E-2. People that were completely innocent or wrongly arrested are being denied visas.

2. Korean immigration does not really care about protecting children even though that's why they say E-2 holders need a CBC. This is evident by the number of Korean teachers that have been found guilty of crimes, even sexual crimes against students, yet return to teaching or are simply placed in another school after paying a fine and and saying "sorry." We see this in the Korea news and on sites like Korea Beat and Marmot's Hole every few months. Additionally, F-series holders are not screened with a CBC. The case last year of the gyopo from California wanted in Cali for a gang related murder while he was teaching at a hogwan is a great example of how broken and biased the screening system is.

3. E-2 holders that never work with children, like some uni teachers and people who teach at adult hogwans, are required to have an FBI CBC.

4. Most importantly, Korea's own crime statistics show the crime rate of foreign teachers to be lower than that of other foreigners in Korea, and much lower than the crime rate of Koreans. I'm talking per capita, here. Gust of Popular Feelings is a great blog to read and has these stats.
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Sat Feb 26, 2011 1:59 am    Post subject: Reply with quote

Quote:
Korean immigration does not really care about protecting children even though that's why they say E-2 holders need a CBC. This is evident by the number of Korean teachers that have been found guilty of crimes, even sexual crimes against students, yet return to teaching or are simply placed in another school after paying a fine and and saying "sorry." We see this in the Korea news and on sites like Korea Beat and Marmot's Hole every few months. Additionally, F-series holders are not screened with a CBC. The case last year of the gyopo from California wanted in Cali for a gang related murder while he was teaching at a hogwan is a great example of how broken and biased the screening system is.

Careful your bias is showing. What business of immigration's would it be for them to meddle in the affairs of the ministry of justice or education on employing Koreans in Korea?

Further more, what business of immigration's is it to mess with the employment for people they issue residence visas to? F-series are not teaching visas. They are a resident visa. You've been here long enough to know that. Someone on an f-series is allowed to work at just about anything from waxing floors, to education to running their own business. Those activities are governed by the various institutions inside Korea.
E-2s get the check done because by and large the majority of them are here to work with children in one form or another. A small minority might work in adult hagwons or universities, but even those may interact with children. I've got a buddy who works at a university and as part of an after school program or something like that through the university he teaches young kids.

With visas being able to be transferred in country you could also transfer from a job not teaching kids to one teaching kids. It's hardly worth immigration's time and effort to make that tiny distinction. Otherwise if you came into the country to teach at an adult hagwon and wanted to transfer to a workplace with kids you'd have to refrain from work until such a time as you could provide a criminal record check. How much whining would we hear about that? And then since you couldn't work, what business would you have being in the country?

Quote:
Most importantly, Korea's own crime statistics show the crime rate of foreign teachers to be lower than that of other foreigners in Korea, and much lower than the crime rate of Koreans. I'm talking per capita, here. Gust of Popular Feelings is a great blog to read and has these stats.

Most importantly they don't want to hire a known criminal. While they're not guaranteeing that everyone will be crime free they are at least saying if you've done something bad in the past, we don't want you. If you suddenly start allowing known criminals to join that population, don't you think that those stats might change a little?

Quote:
Korean immigration does not use CBCs farily nor do they understand the US legal system of "innocent until proven guilty." Immi will only grant visas to people with CBCs that say "No criminal history." If an arrest shows up, or if something like "case dismissed" shows up, they will not grant an E-2. People that were completely innocent or wrongly arrested are being denied visas.

I believe these people can apply to their local governments to have their records expunged.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sat Feb 26, 2011 2:14 am    Post subject: Reply with quote

To fix the problem, then, immigration should not be requiring CBCs. Let anyone working with kids have to supply one, and in the case of Korean teachers who are guilty of molesting kids, stop giving them jobs with kids. The Dept. of Justice surely could serve justice in those cases as they deal with more than immigration issues.

The crime rate of foreigners and esp. foreign teachers has consistently been lower over the years, even before CBCs were required.

If I have bias against the Ministry of Justice, it is justified due to their xenophobic and selective enforcement of requirements, and their unwillingness to focus on the real and proven threat to Korean children: Korean teachers who have been found guilty of sexually-based crimes that are allowed to continue working with children. All the while, foreigners are made out to be the threat without one single conviction of a foreigner teacher in Korea abusing children.
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Sat Feb 26, 2011 3:28 am    Post subject: Reply with quote

Quote:
To fix the problem, then, immigration should not be requiring CBCs. Let anyone working with kids have to supply one

Which is by and far the vast majority of them. it's simpler to have one visa process, and again you fail to address the issues with visa transfer in country.
There is no point in immigration issuing you a visa if you'd turn around and be kicked out by the MoE for having a criminal record.

Quote:
in the case of Korean teachers who are guilty of molesting kids, stop giving them jobs with kids.

This has nothing to do with immigration, you've twice now tried to bring this up as if it somehow reflects on them.

Quote:
The Dept. of Justice surely could serve justice in those cases as they deal with more than immigration issues.

And they would. Immigration is hedging their bets by checking everyone first.

Quote:
If I have bias against the Ministry of Justice, it is justified due to their xenophobic and selective enforcement of requirements, and their unwillingness to focus on the real and proven threat to Korean children: Korean teachers who have been found guilty of sexually-based crimes that are allowed to continue working with children. All the while, foreigners are made out to be the threat without one single conviction of a foreigner teacher in Korea abusing children.

These are entirely different departments and focuses. Trying to rail on immigration for the issues with another department smacks of a clear bias. A deficiency in one area is not an excuse to have a deficiency in another.
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Bibbitybop



Joined: 22 Feb 2006
Location: Seoul

PostPosted: Sat Feb 26, 2011 8:39 am    Post subject: Reply with quote

I think signals are getting crossed and confused here.

I bet we could agree that, if the protection of children is the goal of regulations, that people working with children should be screened (like supplying an FBI CBC). I bet we could also agree that anyone, including Korean teachers, that have abused or molested kids should not be working with kids.

I bet we may differ about what criminal activity is acceptable in order to work with kids. Immigration says "none" for E-2 holders, but doesn't screen many other teachers, and in other cases, let's people with serious convictions work with kids. I would say that, for example, a foreign teacher that was caught with a beer when they were 20-years-old in the USA is not a threat to kids.

I bring up criminal Korean teachers being able to teach kids due to the reasoning behind the E-2 CBC requirement: To protect Korean kids. It is obvious that protection of kids is not the priority or else ALL teachers would be screened by some agency (if not immigration, then other government departments), and if criminal activity exists, they would not be able to work with kids (which is not true in the case of convicted Korean teachers).

Now a clarification: Immigration is part of the Ministry of Justice. Immigration policies directly reflect on and are part of the MOJ.


I'm not saying Korea should get rid of qualifications and requirements. I'm saying their requirements are enforced only on certain demographics, and in the end, the kids are not protected nor are they protected against the greatest threats.


And what are you saying about visa transfer?
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Sat Feb 26, 2011 9:02 am    Post subject: Reply with quote

Canonite wrote:
I see absolutely nothing wrong with it. We Canadians have to get a national criminal record check done as well, and it sucks that it cost me a few bucks (criminal record 25, notary public 25, apostille 5), but I think it's perfectly legitimate to hold guests in your country who will be with children for extended periods of time to a certain standard.

The ONLY thing that I thought would suck, is the kind of record check they request we Canadians get reveals everything, including arrests and other dealings with police that DID NOT result in a conviction. So, for example, if there is a big barfight and you happen to be there but not involved, but the police think you were fighting and you get arrested then released, that, in theory, shows up on this record.

Obviously none of this was an issue for me, my record is spotless in every way, but I could see that minor point being a perhaps somewhat unfair stumbling block to some.


Hold on. Do we have to get the new criminal checks notorized before sending them off to the Korean consulate? I just sent my fingerprints to the RCMP from Korea and will have the CRC mailed to a relatives house in Canada. If so, Im glad I saw this. If I sent it to the embassy, it could have caused a lot of frustrating delay. But please clarify that.
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Weigookin74



Joined: 26 Oct 2009

PostPosted: Sat Feb 26, 2011 9:04 am    Post subject: Reply with quote

Bibbitybop wrote:
I think signals are getting crossed and confused here.

I bet we could agree that, if the protection of children is the goal of regulations, that people working with children should be screened (like supplying an FBI CBC). I bet we could also agree that anyone, including Korean teachers, that have abused or molested kids should not be working with kids.

I bet we may differ about what criminal activity is acceptable in order to work with kids. Immigration says "none" for E-2 holders, but doesn't screen many other teachers, and in other cases, let's people with serious convictions work with kids. I would say that, for example, a foreign teacher that was caught with a beer when they were 20-years-old in the USA is not a threat to kids.

I bring up criminal Korean teachers being able to teach kids due to the reasoning behind the E-2 CBC requirement: To protect Korean kids. It is obvious that protection of kids is not the priority or else ALL teachers would be screened by some agency (if not immigration, then other government departments), and if criminal activity exists, they would not be able to work with kids (which is not true in the case of convicted Korean teachers).

Now a clarification: Immigration is part of the Ministry of Justice. Immigration policies directly reflect on and are part of the MOJ.


I'm not saying Korea should get rid of qualifications and requirements. I'm saying their requirements are enforced only on certain demographics, and in the end, the kids are not protected nor are they protected against the greatest threats.


And what are you saying about visa transfer?



You get a criminal record in the States if you drink a beer when you're 20? Wow!
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Hugo85



Joined: 27 Aug 2010

PostPosted: Sat Feb 26, 2011 9:19 am    Post subject: Reply with quote

Weigookin74 wrote:
Bibbitybop wrote:
I think signals are getting crossed and confused here.

I bet we could agree that, if the protection of children is the goal of regulations, that people working with children should be screened (like supplying an FBI CBC). I bet we could also agree that anyone, including Korean teachers, that have abused or molested kids should not be working with kids.

I bet we may differ about what criminal activity is acceptable in order to work with kids. Immigration says "none" for E-2 holders, but doesn't screen many other teachers, and in other cases, let's people with serious convictions work with kids. I would say that, for example, a foreign teacher that was caught with a beer when they were 20-years-old in the USA is not a threat to kids.

I bring up criminal Korean teachers being able to teach kids due to the reasoning behind the E-2 CBC requirement: To protect Korean kids. It is obvious that protection of kids is not the priority or else ALL teachers would be screened by some agency (if not immigration, then other government departments), and if criminal activity exists, they would not be able to work with kids (which is not true in the case of convicted Korean teachers).

Now a clarification: Immigration is part of the Ministry of Justice. Immigration policies directly reflect on and are part of the MOJ.


I'm not saying Korea should get rid of qualifications and requirements. I'm saying their requirements are enforced only on certain demographics, and in the end, the kids are not protected nor are they protected against the greatest threats.


And what are you saying about visa transfer?



You get a criminal record in the States if you drink a beer when you're 20? Wow!


It's a misdemeanor usually, but it'll show up on record unless you have it expunged. But pretty much ANYTHING on record will get prevent you from getting that E-2.
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Riker



Joined: 28 Dec 2010

PostPosted: Sat Feb 26, 2011 9:45 am    Post subject: Reply with quote

Yes, its super easy to get a "criminal" record in the US. I still don't know how I've managed to not get one. Everyone I know has a least one type of violation on their criminal record.

Usually involves alcohol.

I was curious if anybody knew first hand of people who had to leave Korea or will be leaving because they cannot renew in 2011 with the new law.

Although, I doubt too many would openly share that as the reason for their departure.
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vermouth



Joined: 21 Dec 2009
Location: Guro, Seoul

PostPosted: Sat Feb 26, 2011 10:08 am    Post subject: Reply with quote

It's actually really unnerving and adds a considerable layer of stress to the process of getting a new job.

I managed to avoid it last year as the implementation of it was stayed a bit but this year I'm going to have to get the FBI background check handled Korea-side if I want to stay here and I really don't understand how to get the fingerprinting done here.

I also don't understand why the process is the same for people in country as it is for people coming out of country. It seems to me that if I was good enough to be let in the first time and haven't returned to my home country and haven't had any issues with the law since I've been here I couldn't have magically became a threat in my two years here.
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crossmr



Joined: 22 Nov 2008
Location: Hwayangdong, Seoul

PostPosted: Sat Feb 26, 2011 4:10 pm    Post subject: Reply with quote

Quote:
I think signals are getting crossed and confused here.

I doubt it. You clearly don't seem to understand the scope and mandate of immigration. Their job is to deal with foreigners entering the country. What they do is entirely separate from what happens in country with native workers.

Quote:
I bet we could agree that, if the protection of children is the goal of regulations, that people working with children should be screened (like supplying an FBI CBC). I bet we could also agree that anyone, including Korean teachers, that have abused or molested kids should not be working with kids.

Sure but immigration has no power over natives in country.
As you claimed:
Quote:
Korean immigration does not really care about protecting children even though that's why they say E-2 holders need a CBC. This is evident by the number of Korean teachers that have been found guilty of crimes, even sexual crimes against students, yet return to teaching or are simply placed in another school after paying a fine and and saying "sorry."

How would what happens with a native in country be evident of what korean immigration thinks?

Quote:
I bet we may differ about what criminal activity is acceptable in order to work with kids. Immigration says "none" for E-2 holders, but doesn't screen many other teachers, and in other cases, let's people with serious convictions work with kids. I would say that, for example, a foreign teacher that was caught with a beer when they were 20-years-old in the USA is not a threat to kids.

The answer is none. You'll find for most jobs involving kids back home don't allow any criminal record at all.

Quote:
I bring up criminal Korean teachers being able to teach kids due to the reasoning behind the E-2 CBC requirement: To protect Korean kids. It is obvious that protection of kids is not the priority or else ALL teachers would be screened by some agency (if not immigration, then other government departments), and if criminal activity exists, they would not be able to work with kids (which is not true in the case of convicted Korean teachers).

again 2 different departments with entirely different mandates. A deficiency in one is not an excuse for a deficiency in another.

Quote:
Now a clarification: Immigration is part of the Ministry of Justice. Immigration policies directly reflect on and are part of the MOJ.

Yes they are, but they're still an entirely different department with no control over what happens in country to natives.

Quote:
And what are you saying about visa transfer?

Try to keep up.
Your claim was that only those who are working with children should have to provide a CRC. I pointed out that once you are in country you can transfer your visa to a new workplace with a letter of release. So what happens if someone comes in to work at an adult place and then wants to change to a place that has kids? They'd have no CRC and those take time. So they couldn't really transfer and if they were leaving their last place they'd have no business being in the country for a couple months or more while they waited for their CRC. The amount of E2s coming in just to teach adults is pretty small compared to the amount that interact with them through english villages, hagwons and public schools.

It is far simpler and more efficient to simply require all of them do it. Keep in mind some countries like the US don't even want you travelling there as a tourist if you have any criminal record at all. It's certainly not over the top for them to ask for a criminal record check if they want to issue you a work visa to stay in a country for 1 year.

But in addressing this point
Quote:
Additionally, F-series holders are not screened with a CBC. The case last year of the gyopo from California wanted in Cali for a gang related murder while he was teaching at a hogwan is a great example of how broken and biased the screening system is.

It's quite apparent that you're just trying to repeatedly grind the same axe as previously pointed out to you, F2s at public schools get those checks.

You've been pounding this drum for years and nothing is going to change for you. It might change for other groups, but it is extremely unlikely that E2s will ever not need a CRC.
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Canonite



Joined: 01 Feb 2011

PostPosted: Sat Feb 26, 2011 4:45 pm    Post subject: Reply with quote

Weigookin74 wrote:
Canonite wrote:
I see absolutely nothing wrong with it. We Canadians have to get a national criminal record check done as well, and it sucks that it cost me a few bucks (criminal record 25, notary public 25, apostille 5), but I think it's perfectly legitimate to hold guests in your country who will be with children for extended periods of time to a certain standard.

The ONLY thing that I thought would suck, is the kind of record check they request we Canadians get reveals everything, including arrests and other dealings with police that DID NOT result in a conviction. So, for example, if there is a big barfight and you happen to be there but not involved, but the police think you were fighting and you get arrested then released, that, in theory, shows up on this record.

Obviously none of this was an issue for me, my record is spotless in every way, but I could see that minor point being a perhaps somewhat unfair stumbling block to some.


Hold on. Do we have to get the new criminal checks notorized before sending them off to the Korean consulate? I just sent my fingerprints to the RCMP from Korea and will have the CRC mailed to a relatives house in Canada. If so, Im glad I saw this. If I sent it to the embassy, it could have caused a lot of frustrating delay. But please clarify that.


I'm not sure, I'd suggest you check with your consulate, this is my first time doing this.

However, I had to get a copy of my CBC notarized AND apostilled by the consulate and then send it off to Korea to my future employer (I got a public school gig, and as far as I understand they have closer ties to the gov't during the hiring process than hagwons).

Anyways...then I had to go to the consulate again with a new set of paperwork (notice of appointment, contract, etc) and another copy of my CBC. If I remember correctly this did not need to be notarized, but just to be on the safe side of things I gave them a notarized copy (I found a Lionel Hutz-like lawyer who notarized a bunch of stuff for me for less than the average lawyer charges for ONE signature).
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