How Foreigners Can Navigate Criminal Proceedings to Avoid Deportation
Reasons Foreigners Face Visa Difficulties When Receiving Sentences
When a foreigner is sentenced in South Korea, it’s not just about facing criminal penalties; their residency status can also be put at serious risk. Regardless of the type of punishment, the Immigration Control Act allows authorities to classify the individual as “unsuitable for residency.” This is especially true for offenses like drunk driving, assault, drug-related crimes, and sexual offenses, which are seen as threats to public order. Even a minor fine or probation may lead to a refusal of visa extension or classification as a subject for review, depending on the severity of the case and the foreigner’s reasons for staying.
What is a Foreigner Review and Why is it Important?
The Foreigner Review is a process utilized by the Immigration Office to determine whether a foreigner convicted of a crime can continue to reside in the country. The outcome of this review can lead to several actions:
- Allowing residency to continue or be extended
- Granting residency status under certain conditions
- Issuing a deportation order
Thus, the Foreigner Review is not just a routine administrative step; it plays a crucial role in deciding whether a foreign national can remain in the country.
What Crimes Can Lead to Deportation?
According to the Immigration Control Act and associated internal guidelines, the following crimes can be classified as reasons for deportation:
- Traffic Violations: Drunk driving, driving without a license, hit-and-run incidents, etc.
- Violence and Injury: Covering everything from simple assault to serious bodily harm.
- Sex Crimes: Including sexual harassment, illegal filming, and other related offenses.
- Drug Offenses: Involvement in drug use, possession, and distribution.
- Property Crimes: Theft, fraud, and other related activities.
Foreigners convicted of such crimes may be required to attend a Foreigner Review, regardless of their length of stay. Failure to comply could result in immediate deportation.
Preparing for the Foreigner Review: Key Documents and Procedures
To effectively respond to the Foreigner Review, it is crucial to prepare the following documents:
- Letter of Remorse: Acknowledging one’s mistakes and pledging to prevent future incidents.
- Character Reference Letters: Appeals for leniency from family, colleagues, or friends.
- Proof of Necessity to Stay: Documentation of family ties, employment contracts, school enrollment certificates, etc.
- Other Relevant Information: Factors such as children’s education needs, medical requirements, or economic hardship.
Preparing these documents is not merely a matter of filling out forms; they must be meticulously crafted to reflect the specifics of the crime, the degree of remorse shown, and the necessity of staying in South Korea. Seeking professional assistance is highly recommended.
What to Do After a Deportation Order is Issued
Should the outcome of the Foreigner Review lead to a deportation order, there are administrative procedures available for recourse, including:
- Filing an Objection: Directly requesting a reconsideration from the Immigration Office.
- Administrative Appeals: Seeking a ruling from the Administrative Appeals Commission.
- Litigation: Filing a cancellation lawsuit with the courts.
However, the likelihood of success in these appeals largely hinges on the nature of the case and how thoroughly the Foreigner Review was addressed. Therefore, obtaining the guidance of a professional administrative officer or attorney from the beginning is essential.
Real-Life Example
In a recent case I handled, a foreign client was subjected to a Foreigner Review after receiving a fine for drunk driving. Initially considered for deportation, we properly prepared character reference letters, proof of his children’s schooling, and a letter of remorse, eventually leading to the approval of his residency status.
In conclusion, even with a criminal record, there is a viable path to mitigate the consequences through a diligent response to the Foreigner Review process.
Responding to the Foreigner Review: A Necessity, Not an Option
For foreigners facing sentences in South Korea, a deportation order isn’t just a legal formality—it’s a threat to their very way of life. The Foreigner Review represents the only significant institutional avenue to prevent this outcome, and the quality of the response can dramatically alter the results. To avert negative consequences and continue residing in the country, it’s paramount to engage thoroughly from the outset and seek specialized assistance.
Please note that this content is current as of the time of writing and is subject to changes based on government policy. It serves merely as informational guidance and is not a substitute for legal interpretation or advice. For further consultations, please visit our one-on-one counseling board.