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Aelric
Joined: 02 Mar 2009
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 Posted: Fri Sep 30, 2011 11:30 am Post subject: Current visa laws regarding arrest record |
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So, I was teaching in Korea for two years, 2008-1010. I moved to Thailand to strike out as a freelancer and Thailand is sort of abysmal. The lifestyle is nice, but the pay just isn't enough to realistically stay much longer. I petitioned my agency (footprints) to return to Korea and they told me that I would have a problem.
Specifically, my arrest record, which holds one arrest with no charge or conviction, it was a catch and release at a protest 4 years ago and I got into Korea fine before, but apparently Korea has changed it's policy and will actually refuse the visa, even with a school or Hakwon willing to hire me. At least that is what footprints is telling me. I'd rather not go to China and I don't have the capital investment to break into Japan, so I am wondering, is this the case? has anyone gotten in through EPIK or otherwise in since the end of 2010 with an arrest on their record? To make it worse, the arrest is labeled as assault.
What had happened was I was at the protest photographing for my school paper and some kids tossed some bricks that hit some cop. They swept in and arrested everyone in the immediate area, taking about 20 of us to jail. The next day I got released when the judge said I obviously wasn't involved with the kids that did it. Not that it would matter to the guy stamping my FBI check. He would likely just see the big bad word "assault", or at least I worry about that.
I could get the arrest expunged, but as far as I understand that is just at the state level and it would still show on a federal level check for life.
Any clarification on this would be helpful. I know Korea is getting a lot stricter and I sorta wish I hadn't left now, especially with Thailand not exactly paying the bills. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Fri Sep 30, 2011 4:41 pm Post subject: |
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I don't know about "laws" but the current Korean Immigration Service POLICY is to deny any application for an E2 visa confirmation number if there is ANY positive finding on the national police record check.
The immigration officer handling the case does has SOME discretion for those applicants with current or previous status of sojourn and a minor (in Korean eyes) offence but for new applications the short answer would be NO and denial of the application.
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ZIFA
Joined: 23 Feb 2011
Location: Dici che il fiume..Trova la via al mare
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| Posted: Sat Oct 01, 2011 12:40 am Post subject: |
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| ttompatz wrote: |
I don't know about "laws" but the current Korean Immigration Service POLICY is to deny any application for an E2 visa confirmation number if there is ANY positive finding on the national police record check.
The immigration officer handling the case does has SOME discretion for those applicants with current or previous status of sojourn and a minor (in Korean eyes) offence but for new applications the short answer would be NO and denial of the application.
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He might still have a chance if he can get authenticated proof that he commited no offence. And have it translated into Korean.
But Korean officials generally don't step out of line even one centimetre because then they have to answer to their superiors. |
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ttompatz
Joined: 05 Sep 2005
Location: Kwangju, South Korea
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| Posted: Sat Oct 01, 2011 2:00 am Post subject: |
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| ZIFA wrote: |
| ttompatz wrote: |
I don't know about "laws" but the current Korean Immigration Service POLICY is to deny any application for an E2 visa confirmation number if there is ANY positive finding on the national police record check.
The immigration officer handling the case does has SOME discretion for those applicants with current or previous status of sojourn and a minor (in Korean eyes) offence but for new applications the short answer would be NO and denial of the application.
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He might still have a chance if he can get authenticated proof that he commited no offence. And have it translated into Korean.
But Korean officials generally don't step out of line even one centimetre because then they have to answer to their superiors. |
They will only see 1 word, assault and that would be the end of the line.
They are not obligated to allow an appeal (there is no appeal channel).
They don't speak English well enough and don't care (there are lots of other applicants to fill the position with "no comment" on their records) to even attempt to figure out the US criminal justice system.
The OP will have to pick another country (Taiwan and Vietnam are also off the list for the same reason).
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