Former SoKo Teacher w/ Misdemeanor & An American Spouse...

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sokokurious
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Joined: 03/07/2011 - 20:25
Former SoKo Teacher w/ Misdemeanor & An American Spouse...

Hello there,

I've got a specific situation, and I'm curious if there's any current "loophole" or whatever you want to call it - I know there's oodles of info out there but most of it is outdated, and few people are in my "predicament" :

Alright, so I'm an American who used to live and teach ESL in South Korea before the visa regulations got all ridiculous.  Before the mandatory background check, the home country consulate, and whatever other hoops are currently in place.  I'd love to go back to teach, however I have a single misdemeanor on my permanent FBI record - Interference With Official Acts.  Not drug/violence/etc. related, I just didn't listen to a police officer promptly enough in college.... now almost 10 years ago.

From my understanding, until the legal leash gets loosened, I'm SOL.

However, my wife, also an American, wasn't so criminally-minded while in college.  Is there anyway that she can get a job, and I can go with her to Korea and legally work.  I don't want to piece something together by teaching privates, or working for dodgy hogwans, ideally I just want to go back to my old employer who would love to have me return.

I know an E-2 visa is out of the question, but is there some type of F visa that might provide me this opportunity?  Basically is there any visa type that allows a foreigner to work but doesn't require the FBI background check...


Thanks

windupbird
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Joined: 01/17/2010 - 21:40
Can you not get an
Can you not get an expungment?
sokokurious
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Joined: 03/07/2011 - 20:25
nope.  obviously if i could i
nope.  obviously if i could i would've already... that's why i'm asking...
windupbird
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Joined: 01/17/2010 - 21:40
Just out of curiosity.. Why

Okay...


sokokurious
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Joined: 03/07/2011 - 20:25
... because the state it
... because the state it happened in has very very limited qualifications to expunge criminal records - since it wasn't a public intox, nor did it happen while i was juvenile, nor am i trying to remove myself from the child abuse registry, then there is no possibility for the record to be removed.
dostoevsky2181
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Joined: 12/18/2010 - 10:51
Then you're probably SOL.
Then you're probably SOL.
Dogarse
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Joined: 04/15/2010 - 23:53
Have you actually applied for
Have you actually applied for a visa? are you sure that a 10 year old misdemeanor is enough to have your visa rejected? Personally I'm not convinced that is the case.
tharp42
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Joined: 09/02/2009 - 13:21
This is the million dollar

This is the million dollar question:  What actually does disqualify you for a visa here?  ANY mark on your criminal record?  Just convictions?  What of an arrest record?

It would be great to get the straight dope on this, though I fear there is none.  More than likely the decision is left up to one person at one desk who will probably stamp "DENIED" at the first hint of trouble.

dostoevsky2181
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Joined: 12/18/2010 - 10:51
Needing a Clean Record.
I'm pretty sure they're looking for a clean record.  If anything shows up, and with them being able to pretty much pick anyone with the flood of teachers nowadays, I think they'll reject you.  I know this is harsh, but I tend to think this is the way things are here, unfortunately.  
Dogarse
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Joined: 04/15/2010 - 23:53
I have a traffic infringement

I have a traffic infringement on my record and it wasn't an issue.  I know it's minor but it does mean immigration looked at, saw something written there and still issued the visa.

I think immigration can be reasonable, especially if you have someone to speak with you.  If your old hakkwon can vouch for and would like to hire you back then I suggest you explain the misdemeanor to them and have them take your criminal record along with all your other documents, explain the situation, tell them you are a great teacher, they have no problems with you and would love to have you back and I suspect that immigration might look on you favorably.

lee-bum-suk
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Joined: 10/26/2009 - 08:38
'' I know an E-2 visa is out
''

I know an E-2 visa is out of the question, but is there some type of F visa that might provide me this opportunity?  Basically is there any visa type that allows a foreigner to work but doesn't require the FBI background check...''

If your wife got a work visa E2 you could enter with an F1 visa but this doesn't allow you to work. It is simply a family visa of someone who is legally employed. I repeat it doesn't allow you to work and if you get caught working on it she will be responsible as she is sponsoring you.

lee-bum-suk
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Joined: 10/26/2009 - 08:38
I find it truly shocking that

I find it truly shocking that every little thing one has done in life in a brief moment of weakness or slightly bad judgement can pretty much ruin your chances for advancing oneself or for f***ing life for that matter.

It's almost drachonian, I am a squeeky clean American on paper but that doesn't mean I didn't do bad things, I just didn't get caught or charged.  

sokokurious
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Joined: 03/07/2011 - 20:25
cool, thanks for advice and
cool, thanks for advice and opinions everyone - sounds like the best thing to do is to go ahead with the process but to be very transparent.  i'm not looking for a job just yet, but wanted to test the waters as it were to see if i'd even have a chance.  good to know there's at least a glimmer of a possibility!