Korean Job Discussion Forums

[edithhwang]

Hi everyone!

I was denied a work visa, due to the fact that I had an arrest on my CBC. I was never convicted, yet the korean immigration did not approve my E-2 visa. I am currently working on getting my record sealed so that I have a clean CBC. Does anyone know IF and when i can reapply for another visa?

Thanks!

[jeremydc808]

I may be wrong but I think that I read a thread about someone who went through the same thing and got his record sealed. He reapplied and is currently working in Korea. Would you might if I ask you what the arrest was for?

[jasonXkeller]

If you look at the language on your FBI cbc, well, let's use mine as an example, it says: No arrest record. It does not say "no convictions."

I see you're in California. I "know a guy" who had a misdemeanor concealed firearm charge in California that was set aside with a pc 1203.4. It didn't show up on the CBC, but he was never actually arrested. They just took his pistol, wrote him a ticket, and let him go. For that reason, he was never formally booked and had no fingerprints submitted.

Perhaps that's why your issue showed up. Unfortunately the pc 1203.4 can withdraw a guilty verdict and dismiss the case, making you legally clear of all charges and able to say that you have never been convicted, it will not remove the record of the arrest itself. As absurd as it is that someone would discriminate against you for something you were charged with/arrested for but not convicted of, it is a reality of going to Korea.

I'm guessing that without a conviction, the 1203.4 dismissal process will not even apply to you. There may be some other procedure that I'm unaware of. You'll have to ask an attorney about that. I know a good one in Orange County if you need one.

If you do find a way to clear the arrest itself from your record and recubmit for a clear CBC, I'm guessing that like most bureaucracies, the left hand doesn't know what the right is doing. It's most likely that they don't keep records of who applied/was denied/and why. Someone else here may know better about that than me.

[edithhwang]

Thanks for your response @jeremydc808! Gives me some hope

So I have a lawyer working on it, and she said it should be sealed in about 3 months (it was for theft like 10 years ago - never charged though so its a really minor thing which is why my school tried to get my visa anyway).

So I am just wondering, if i reapply is there like a time limit i have to wait? And i am really worried about it getting automatically denied again because they have a record of my previous denial.

[jeremydc808]

I'm still new so take my advice with a grain of salt.

If you can it sealed then that is great. Wait till its sealed then get another copy. It must say "No Record". With waiting, receiving, then getting it stamped again it could take up to 6 months. That would mean you would have to apply for positions next year.

I am assuming that there shouldn't be a problem reapplying for a new visa.

I won't have all my docs till Nov (due to school releasing diploma in early Oct). So we are basically in the same boat.

Its a waiting now, maybe we can apply together

[ttompatz]

You can re-apply but IF your previous application actually got to the desk at immigration (and is on file there) there is no assurance that a new application will be approved - even with a cleaned CBC.

If the previous application actually never got put into a file then you have a pretty good chance.

The bad news is that there is no way to know or to check until you re-apply again.

.

[young_clinton]

reapply and also apply for the Middle East somewhere (lots of cash there).