Even issues that may seem like simple mistakes can lead to deportation or forced removal of foreigners.
An immigration violation review is not merely about determining whether a violation occurred; it is a substantive process that decides whether you can maintain your current residency status.
Regardless of the seriousness of the matter—such as overstaying your visa, violating visa conditions, having a criminal record, or filing false reports—once a review begins, it can directly result in a deportation order or a re-entry ban. Problems that initially seemed minor often turn into situations that are very difficult to recover from if you miss the right timing to respond.
Since the structure and standards of judgment in immigration violation reviews are complex, it is risky to handle them alone.
If you want to properly respond to issues of deportation or forced removal, it is safest to seek assistance from a legal representative.
Contents
1. Representative cases that may lead to deportation or forced removal of foreigners
2. How should you respond if you receive a deportation order?
3. Why is the assistance of a legal representative important in immigration violation reviews?
4. A real case where a parent became subject to an immigration violation review due to their minor child’s involvement in a criminal case
5. Early response is crucial to prevent matters from escalating to forced removal.
1. Representative cases that may lead to deportation or forced removal of foreigners
An immigration violation review is a process to determine whether a foreign national can maintain their residency status. If the violation is deemed serious, or if there is insufficient basis for continued stay, it may result in deportation or forced removal.
Here are the main types of cases that are subject to immigration violation reviews:
01. Overstaying or violation of status
If a visa extension deadline is missed, or if one engages in unauthorized employment or profit-making activities, even matters considered minor can lead to a deportation order or removal measure.
02. False reporting and sham marriage
If it is discovered that someone entered the country on a marriage visa without a genuine marital relationship, the marriage may be annulled and both a re-entry ban and deportation order may be imposed at the same time.
03. Criminal record
In cases involving drugs, drunk driving, sex crimes, violence, or gambling, where fines above a certain threshold or imprisonment have been imposed, many cases are referred to deportation reviews on the grounds of questioning the appropriateness of residency status.
04. False entry records
If past deportations, criminal history, or draft evasion are intentionally concealed, this may be deemed a “serious falsehood in entry circumstances,” leading directly to forced removal.
2. How should you respond if you receive a deportation order?
If, as a result of an immigration violation review, a deportation or forced removal order is issued, you may consider filing an appeal or pursuing an administrative lawsuit to challenge the legal validity of the decision.
① Appeal
An appeal is a primary response procedure that allows for a relatively quick opportunity to explain your case. However, if the decision is serious or unlikely to be overturned, it may be more practical to move directly to a tribunal or lawsuit stage from the outset.
② Administrative lawsuit
This is a formal court procedure filed with the judiciary, and it is a powerful method through which the court can directly cancel or suspend the deportation order. However, because lawsuits involve complex procedures and many legal issues, strategic involvement from legal experts at this stage can make a decisive difference in the outcome.
In these objection procedures, it is not enough to simply claim unfairness. The practical approach is to present evidence-based arguments showing how the law was misapplied, or why the deportation order was excessive.
3. Why is the assistance of a legal representative important in immigration violation reviews?
An immigration violation review is not limited to checking residency status.
It comprehensively considers the seriousness of the violation, the legitimacy of the stay, personal circumstances, and the possibility of future rehabilitation.
Because so many different factors are involved, the presence of a legal expert can meaningfully affect the outcome.
1. Preparation of materials and strategy
Strategic planning is required on what documents to submit, in what order, and which aspects to emphasize. This may include statements, explanations, family relationship certificates, children’s records, and documents related to rehabilitation of criminal history.
2. Review of the appropriateness of the decision
It is necessary to carefully analyze whether the law applied to the case was appropriate and whether the severity of the decision was excessive. Based on this review, a suitable response strategy can be prepared, including appeal, administrative litigation, or even a request for suspension of execution.
3. Building and presenting grounds for residency
Objective materials such as child-rearing responsibilities, livelihood support, health needs, and records of social activities should be presented to persuasively argue that maintaining residency is more appropriate than forced removal.
Before a deportation or removal order is finalized, it is crucial to examine how the matter may be evaluated legally and to prepare thoroughly in advance.
4. A real case where a parent became subject to an immigration violation review due to their minor child’s involvement in a criminal case
The client was a Japanese national residing in Korea with their Korean spouse and family. However, the client’s child became subject to an immigration violation review and received a deportation order due to involvement in a voice phishing crime at the request of a peer during their minor years. At the time, the child did not fully understand the criminal nature of the act.
With the help of a legal representative, the client emphasized that the child had already received protective disposition under the Juvenile Act, that there was no risk of reoffending, and that the child had shown clear remorse. In addition, the client submitted evidence showing that, since the entire family was in Korea, it would be practically impossible for the child to live alone in Japan, and that the child was continuing both studies and community activities in Korea.
The court determined that the deportation order was unlawful, ruling that the immigration authority’s decision was merely formal and failed to take into account the child’s age and family circumstances. As a result, although the child was subject to an immigration violation review, they were not deported and were able to continue residing in Korea with their family.
5. Early response is crucial to prevent matters from escalating to forced removal.
An immigration violation review is not a procedure where the decision is made solely based on whether a violation occurred. It also considers whether there are valid reasons for the individual to continue residing in Korea, and whether the disposition was excessive. At this stage, all submitted materials and statements must be organized to support the argument that “maintaining residency is reasonable,” and a clear understanding of the structure of the case and the criteria for interpretation is essential.
With the assistance of experts, the process of clarifying the facts, specifying grounds for continued residency, and compiling supporting evidence can be carried out much more systematically.
Experienced immigration practitioners and legal representatives with expertise in immigration and visa matters can work together to provide direct assistance not only in responding to deportation or forced removal cases but also in preparing stable residency solutions for the future.
Thank you.
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