Which law firm could solve my visa extension issues in Korea?
If you wish to continue residing in Korea, you must respond strategically to deportation measures.
Immigration review is a separate process conducted under immigration law even after the criminal trial has concluded. It does not simply verify a criminal record but evaluates, from an administrative perspective, whether the foreign national can continue to stay in Korea.
Depending on the outcome, this process may lead to visa cancellation, denial of extension, a departure order, or a deportation order. Once finalized, it may also result in restrictions that prevent future re-entry into Korea.
The risks do not end with the conclusion of the criminal case. A structured legal response from the immigration review stage is essential.
Receiving assistance from a legal representative at this stage can be a key strategy in maintaining residency and preventing deportation.
Contents
1. Who becomes subject to immigration review for foreign nationals?
2. How should you respond to immigration review?
3. A case where, despite becoming subject to immigration review after criminal punishment, residency was preserved through administrative litigation
4. Immigration review is not a simple procedure
1. Who becomes subject to immigration review for foreign nationals?
Immigration review for foreign nationals is not applied uniformly to all criminal cases, but individuals are more likely to be classified as subject to review if the following conditions are met:
1: Foreign nationals who have received a confirmed criminal punishment are, in principle, subject to immigration review.
This includes fines, which are not an exception. In particular, cases involving socially sensitive offenses—such as drug-related crimes, bodily injury or assault, drunk driving, and sexual offenses—are more likely to be subject to review regardless of the severity of the punishment.
2: Even if a case results in a suspension of prosecution or a summary order, the individual may still be subject to immigration review.
Even without a formal trial, if a criminal record remains, the appropriateness of continued residency may be reassessed.
3: Even if the criminal punishment has already been completed, it does not guarantee safety.
Regardless of whether the sentence is finalized, individuals may still be subject to immigration review when applying for visa extension after release or while a criminal trial is ongoing. In addition, the determination is made through a comprehensive evaluation that includes not only criminal records but also factors such as family composition, employment status, and history of residence in Korea.
Immigration review is not merely a review of criminal history—it is a process that assesses the overall eligibility of a foreign national to continue residing in Korea. If one fails to adequately present their case, it may lead to visa cancellation or deportation.
2. How should you respond to immigration review?
If a decision such as visa cancellation or deportation has been issued as a result of immigration review, the first step is to understand the available response procedures.
There are generally two main options:
- First, an objection (administrative appeal), which must be filed within 7 days from the date of the decision.
- Second, an administrative lawsuit, which can be filed within 90 days from the date you became aware of the decision.
An objection is a process of requesting reconsideration from the Immigration Office. However, it is difficult to succeed unless it is supported by detailed explanations and evidence regarding the circumstances of the case, reasons for stay, and living foundations such as family and employment.
If the objection is rejected or the departure deadline is approaching, it becomes necessary to proceed with an administrative lawsuit to directly challenge the legality of the decision in court. At this stage, it is not enough to rely on emotional statements—you must clearly organize your purpose of stay, interpret the decision, and build a persuasive argument based on relevant laws and evidence.
Since criminal and immigration procedures are interconnected in these cases, seeking assistance from a professional who understands and can handle both processes can be practically beneficial.
3. A case where, despite becoming subject to immigration review after criminal punishment, residency was preserved through administrative litigation
Mr. A, a Turkish national, was drinking with an acquaintance and later drove a motorized bicycle when he slipped and had an accident on the road. The police were dispatched after a passerby reported the incident. At the time, his blood alcohol concentration was 0.071%, and it was later confirmed that he was driving without a license and without mandatory insurance. As a result, he received a summary order imposing a fine of 5 million KRW.
Following this incident, Mr. A became subject to immigration review. Without going through a separate explanation process, he received a departure order equivalent to deportation. He initially filed an administrative appeal on his own, but it was rejected. Eventually, he proceeded to an administrative lawsuit with the assistance of a legal professional.
During the litigation process, factors such as his residency history, the circumstances of the violation, and the fact that no direct harm was caused to others were comprehensively presented. The court determined that the immigration authority’s decision was excessive and unjust, and canceled the departure order.
As a result, although Mr. A had been subject to deportation through immigration review, he was ultimately able to maintain his residency status with the help of legal representation.
4. Immigration review is not a simple procedure
Even after a criminal case is concluded, issues related to residency begin again as a separate procedure.
As mentioned earlier, immigration review for foreign nationals is an administrative process conducted under immigration law after a criminal trial. During this process, authorities assess whether the individual’s current stay can be maintained or whether a deportation order should be issued.
The challenge is that this review often provides only one opportunity, meaning that the statements and materials submitted at the initial stage can become the basis for the final decision. Handling this process alone without legal knowledge is realistically difficult, and if the submitted content is insufficient or inaccurate, even the opportunity to raise objections later may be limited once the decision is finalized.
Therefore, when responding to immigration review, it is important to prepare a strategy from the beginning with a professional who understands both criminal procedures and immigration administration.
Legal representatives with practical experience in immigration offices, along with those specializing in criminal cases, can analyze the case together and provide tailored responses covering the entire process—from immigration review to departure orders and deportation.
In immigration review, the most important strategy is to prepare thoroughly from the very beginning without missing the opportunity.
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