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Attorney for advice on overstay of visa

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  • Attorney for advice on overstay of visa

    An acquaintance of mine (yes, really, an acquaintance - if it were me I would be too paranoid to post) has told me that he or she has overstayed their visa by two years. I am recommending they go talk to a good immigration lawyer first before going to announce themselves to immigration.

    Does anyone have experience with good immigration lawyers? Money is not really a consideration as this is important. He or she is willing to pay top yen, but we're not sure where to go about finding a good one. Any personal recommendations?

  • #2
    Deportation Order system?

    Originally posted by someusername
    An acquaintance of mine... has overstayed their visa
    You mean their authorised "Period of Stay" for their Status of Residence.

    Originally posted by someusername
    by two years. I am recommending they go talk to a good immigration lawyer first before going to announce themselves to immigration.
    I can't help you with the immigration lawyer, but what does this person plan to do when "going to announce themselves to immigration"?


    The only straightforward solution I'm aware of is the "Deportation Order" system for overstayers - see these threads:

    "overstay advise"
    http://www.gaijinpot.com/bb/showthread.php?t=32557


    "Japan overstay"
    http://www.gaijinpot.com/bb/showthread.php?t=38938


    (This assumes that they're intending to leave Japan. If intending to stay in Japan,I think they'd need a compelling (to the powers that be) reason, and they might also be risking deportation/detention/fines/complications if the reason is not judged acceptable.)

    Comment


    • #3
      Voluntary deportation means they can apply to re enter japan after a year out of the country. Involuntary means you are taken into custody and then forcibly deported for up to ten years at the discretion of the Justice Minister, who happens to be Kunio Hatoyama who advocated not needing the JMs signature on approving executions.

      Go quietly because Im not sure a lawyer can do anything for you if you are illegal here.

      Comment


      • #4
        In conclusion to my previous post.

        After alot of encouragement my friend presented himself at the Immigration office in Shinagawa.

        His plan of leaving within a week was dashed when after 6 hours of interveiwing he was told to stay at his G/F apartment while his "case" was investigated, and to report back in 1 months time to get the verdict on the investigation.
        Actually he was very lucky not to be put in detention, it was down to the charm of his G/F who promised to be responsible for him that he was allowed to stay with her.

        He reported back on the arranged date, and was told that the Immigraion office was satisfied that his story was correct (they where mostly concerned that he was working illigally...which he wasn't) and gave him a deportation order to leave Japan within 7 days.

        He can't return to Japan for a full year from the date of departure.

        He also had the added expense of buying a new ticket, as his origional ticket which he planned to use was now invalid.

        I honestly don't think an immigration lawyer can help you...it will be expensive and undoubtably he/she will be unable to stop your friend getting deported..whatever the cost.

        GOOD LUCK!!
        Last edited by Richardo; 2007-10-09, 08:56 AM.

        Comment


        • #5
          Originally posted by someusername
          An acquaintance of mine (yes, really, an acquaintance - if it were me I would be too paranoid to post) has told me that he or she has overstayed their visa by two years. I am recommending they go talk to a good immigration lawyer first before going to announce themselves to immigration.

          Does anyone have experience with good immigration lawyers? Money is not really a consideration as this is important. He or she is willing to pay top yen, but we're not sure where to go about finding a good one. Any personal recommendations?
          Tell Your pal to run, run.......to Okinawa. She/he will be away from the japanese authorities.......Or will he?!!!!

          Comment


          • #6
            just spotted......

            This, thought it might be of some interest to you

            www8.ocn.ne.jp/~risk21/overstayeng.htm

            Comment


            • #7
              Originally posted by KOOL J
              Tell Your pal to run, run.......to Okinawa. She/he will be away from the japanese authorities.......Or will he?!!!!
              when did Okinawa become a foreign country?@Why didnt someone tell me?

              Comment


              • #8
                Most of what he/ she needs to know is here....

                Immigration Procedures Guide Book
                http://www.immi-moj.go.jp/english/te...in.html#taikyo

                Deportation and Departure Order System

                Delivery of the Suspect; Investigation of violations; Hearing; Filing of an Objection, Decision, and Special permission for residence

                Enforcement of Written Deportation Orders; Deportation; and Voluntary exit deportation by own expenses

                Departure orders

                Comment


                • #9
                  Originally posted by trip_hop
                  Most of what he/ she needs to know is here....

                  Immigration Procedures Guide Book
                  http://www.immi-moj.go.jp/english/te...in.html#taikyo

                  Deportation and Departure Order System

                  Delivery of the Suspect; Investigation of violations; Hearing; Filing of an Objection, Decision, and Special permission for residence

                  Enforcement of Written Deportation Orders; Deportation; and Voluntary exit deportation by own expenses

                  Departure orders

                  What caught my attention, and what I thought would be of sone interest to the OP, is the comments the lawyer has made regarding the appeal process.

                  He points out that it's standard procedure to issue a deportation order to overstayers. There IS an appeals process, but in reality its ALMOST impossible to be allowed permission to reside in Japan once you've overstayed.

                  So I still stand by my previous post, that a lawyer can unfortunatly be of little help to the OP

                  But who knows!! its always a case by case, and never give up hope.

                  Comment


                  • #10
                    Psst, this is not the USA so your comments are pointless.

                    Double psst, you replied to a thread that is 2 years old.

                    Comment


                    • #11
                      let this be a lesson for us all....

                      Crime does not pay.
                      ... and neither does the law, ....if you have to troll here for free advertising!

                      Comment

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