Certificate of Eligibility rejected....

[hanasims]

My Certificate of Eligibility was rejected. I can't get my spousal Visa. How do I appeal? It may be because of my misdemeanor conviction 10 years ago. What do I do now? Please help.

[Taro Toporific]

My Certificate of Eligibility was rejected. I can't get my spousal Visa. How do I appeal?
I haven't heard of an 'appeal' process for an f'ed gaijin who is not already in Japan. However, you can ask for 'clarification'---sometimes here in Japan when you ask for formal clarification and act very polite about it, they reverse their decision. If you feel like your thrashing in the dark about this, you might want to consult a lawyer just to PLAN strategy (not for the laywer to contact Immigration directly since Steve B and others seem to feel that just gets Japanese officials more nasty).

It's ok f'ed visa gaijin, really, we looooove you.
(http://www.fuckedgaijin.com/forums/showthread.php?p=62942#post62942&highlight=#63466)sticks to its plan to halve the number of illegal residents within five years ...
It's that particular phrase that between line readers will appreciate.

One would have no problem in accepting that reducing those dastardly illegal residents to be an acceptable policy for any country. Sovereign rights being paramount (except if you have a lot of oil)

The rub here lies in Japan's un-stated policy over the next few years of re-drawing the line on who is and who isn't a 'legal' resident.

For example with the greatly extended computer system now in place new visa applications made both here and at Japan consuls abroad and renewal applications will be *much more* closely vetted for past 'criminal activity' Read − if you have a past criminal conviction you are probably not going to get a visa.

Japan just signed a judicial access agreement with the EC and the US to exchange records of criminal convictions.

Funnily enough this was instigated by the US under its 'US VISIT' program however Japan was lighting quick (within 3 days) to sign on to the program as an 'anti-terrorism' measure.’

[hanasims]

So Steve is saying I can't get a Visa. Ever? I have been planning to move to Japan for a very long time.

[Big Booger]

misdemeanor conviction 10 years ago.

Why in the world did you even mention a misdemeanor??? I would have kept that on the hush hush.. there's no way in hell they can research that.. :D I mean, the guys at the immigration office that I talked to could barely speak English. How are they going to call and find out anything about you?
:D

[Steve Bildermann]

No. What I said was that many more people, like you, are going to be rejected in the first instance because of 'ineligibility'

One reason for ineligibility is a criminal conviction. Prior to last year criminal convictions have been very difficult to check up on (so they weren't) but *now* because of the new Fujitsu national computer system in use checking up has become absurdly' easy. Perhaps in the future they may ease up on the rejections but at the moment they are running pretty hot with the REJECTED stamp. It's been a shock to a lot of applicants.

Ok, all that doesn't help you. What you now should do is give the certificate of eligibility step a miss and make a direct application for a spouse visa to the Japanese consul *IN YOUR HOME COUNTRY* (you can not do this in a country where you are not a citizen) You will need several documents proving who your wife is and how valid your marriage is (I posted a list here on the forum) but if you fill in the forms correctly you'll get a one year visa prior to coming to Japan.

[hanasims]

Steve, do you know anyone who has the same experience? I have been looking on the internet for a similar story and I can't find one. Any websites with experiences and advice? Thanks again.

[Taro Toporific]

.... I can't get a Visa. Ever? I have been planning to move to Japan for a very long time.

Ok. You do have an "out" in many states in the USA. If your misdemeanor conviction was 10 to 15 years ago, and you have been a good boy and haven't caused any more trouble you can apply for an EXPUNGEMENT of RECORD in the county that you commited your evil deed. An expungement is the process sealing of a criminal record.

The expungement process to get charges removed from your criminal record vary greatly from location to location and may require you to make restitution to harmed parties, etc. In some states this can be a 'simple' DIY process for a minor misdemeanor. However, you ought to get a laywer.

See the following to get an idea of process
http://www.expertlaw.com/library/pubarticles/Criminal/Criminal_Record.html#2

[hanasims]

My aunt is now a Judge at the courthouse I was convicted and she also was my Lawyer. I will call her. See what happens when you consult the FG crew?! Yatta!!

[Taro Toporific]

My aunt is now a Judge at the courthouse I was convicted and she also was my Lawyer. I will call her. !

Hey, ya got it made providing your state is "progressive" minded. :P Two out of the 50 states don't have expungement. On the other hand, few states allowed you to apply only after 7 years after you complete your parole/sentence.

[hanasims]

Which two don't have expungement? The charge was in NY.

[bejiita]

I think you're boned.

NY state doesn't have expungement. Since you were also convicted of a misdemeanor, you can't get this conviction sealed. All you can get is a certificate of rehabilitation which doesn't help in your case.

http://www.nls.org/dand/dand0211.htm

[hanasims]

Do you think I could get into Japan if I applied for a student Visa. Or maybe if I got a job, I could apply for a work Visa.