JapanForum.com  


Reply
 
LinkBack Thread Tools
(#1 (permalink))
Old
shinobistewie (Offline)
New to JF
 
Posts: 2
Join Date: Aug 2008
Need help... criminal records and getting visas - 08-14-2008, 08:12 PM

Hey all,
I could really use some help on this one. Im lanning on going to Japan as a student sometime next year. I am living in the US, and here in the US, my criminal record is spotless. However, I was convicted of an offense while abroad recently.

First of all, I'm not even sure of whether or not this particular instance even counts as part of my criminal record. for now, i'm assuming a worse case scenario that it does.

With that assumption I need some help. I did not recieve any sentencing for the crime, I was discharged.

I am applying for a student visa to study in Japan, and have a few questions. 1. when applying for the visa, if I list this under whether or not I have any criminal record, is that automatic grounds for my request for a visa being denied? if it isnt denied, does it lower my chances of getting the visa? What do I need to properly document this on the application form?

Secondly, I know that getting the visa is only half the battle, you still have to clear the landing permission guys when you get there. It says that permission will be denied to

"(4) A person who has been convicted of a violation of any law or regulation of Japan, or of any other country, and has been sentenced to imprisonment with or without labor for 1 year or more, or to an equivalent penalty except for those convicted of a political offense."

Am I reading that right? does that only apply to people who have been convicted AND served a year or more? in my case, with this singular offense with no penalty, would I still likely get landing permission?

any and all help is appreciated; the first step is the visa application, but I would like to know how this may hurt my chances in both steps

Last edited by shinobistewie : 08-14-2008 at 08:21 PM.
Reply With Quote
(#2 (permalink))
Old
MMM's Avatar
MMM (Offline)
JF Ossan
 
Posts: 12,201
Join Date: Jun 2007
08-14-2008, 08:20 PM

If you were never convicted of a crime then you answer "No" to that question and not worry about it.

Wait...you were convicted, but there was no punishment?
Reply With Quote
(#3 (permalink))
Old
shinobistewie (Offline)
New to JF
 
Posts: 2
Join Date: Aug 2008
08-14-2008, 08:25 PM

this is what gets tricky... its on my criminal record in the country it happened, but not in the US.

Its called a discharge there's either conditional or absolute, i got conditional, basically, dont screw up in the country you got convicted in for x amount of time and you won't be punished

Last edited by shinobistewie : 08-14-2008 at 08:47 PM.
Reply With Quote
(#4 (permalink))
Old
Wasabista's Avatar
Wasabista (Offline)
JF Old Timer
 
Posts: 216
Join Date: Jun 2008
Location: Saitama
08-15-2008, 02:50 AM

I think you need to ask an immigration lawyer. An American lawyer should be able to find an answer for you.
Reply With Quote
(#5 (permalink))
Old
godwine's Avatar
godwine (Offline)
自爆十秒前
 
Posts: 1,767
Join Date: Mar 2008
Location: ペンギン村
08-15-2008, 12:40 PM

Quote:
Originally Posted by shinobistewie View Post
this is what gets tricky... its on my criminal record in the country it happened, but not in the US.

Its called a discharge there's either conditional or absolute, i got conditional, basically, dont screw up in the country you got convicted in for x amount of time and you won't be punished
"A person who has been convicted of a violation of any law or regulation of Japan, or of any other country"

According to your post above, I think it applies to any kind of conviction regardless of it being on your American record or not. Punishment or not is totally up to the place you are in, some country's jurisdiction allow foreigner getting away with small crime (Stealing chocolate for example).

Did the country that issue you the conviction give you anything in writing that you have a record?

I agree, your best bet is to consult a lawyer
Reply With Quote
Reply


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




Copyright 2003-2006 Virtual Japan.
Search Engine Friendly URLs by vBSEO 3.0.0 RC6