What happens if you receive a notice for an immigration violation review? Practical ways to prevent deportation.

  “Even after a criminal trial concludes, the immigration status is reviewed separately.”   Most foreign clients who seek help believe that once the criminal punishment is over, all procedures are complete. However, in reality, many receive a separate notice for an immigration violation review afterward.   In particular, for cases that Korean society views sensitively—such as drunk driving, assault, drug offenses, or sex crimes—administrative measures are applied much more strictly. If certain thresholds are exceeded, restrictions on stay qualifications or deportation orders are considered simultaneously.   There have been multiple verified cases where, despite the case being resolved with just a fine, the individual’s visa extension was denied or a deportation notice was issued.   Therefore, once the criminal process ends, immigration defense must begin again. At this stage, working with a professional to establish a proper response strategy greatly increases the chances of maintaining one’s right to stay.    

Contents

 

1. When a violation of the Immigration Control Act is detected, it leads to a criminal (offender) review by the immigration authorities.

 

2. Statements made during the police investigation are later reflected in the immigration status review.

 

3. Once a deportation order is issued, it can lead to forced removal from the country.

 

4. A real case in which a foreign national retained their residency status after being caught in a DUI checkpoint.

 

5. In conclusion: Even after the criminal proceedings are over, the immigration response process begins anew.

   

1. When a violation of the Immigration Control Act is detected, it leads to a criminal (offender) review by the immigration authorities.

  When a foreign national is found to have violated the Immigration Control Act, an immigration offender review procedure is initiated to reassess their visa status. This process does not simply determine whether a violation occurred—it comprehensively evaluates whether the individual can continue residing in Korea.   The most common issue involves drunk driving. A blood alcohol concentration (BAC) over 0.03% is subject to legal penalties, and a level of 0.08% or higher can lead to license revocation and a fine of over 5 million KRW.   For Korean citizens, such cases often conclude with the payment of a fine. However, for foreign nationals, even the same offense can result in disadvantages during visa reviews or initiation of deportation procedures, and such cases have been repeatedly observed.   During the offender review stage, the immigration office considers factors such as:

• The amount of the fine,
• Whether an accident occurred,
• Progress in reaching a settlement with the victim, and
• Any prior criminal record.

  In particular, for offenses directly affecting public safety—such as assault, fraud, drug offenses, or sex crimes—cases often proceed directly to the deportation review stage once a fine exceeding a certain threshold is confirmed.   If one assumes the matter ends with the criminal process and delays immigration-related action, it becomes difficult to avoid consequences such as visa extension denial or a deportation order.    

2. Statements made during the police investigation are later reflected in the immigration status review.

  When a case involving a violation of the Immigration Control Act begins with a criminal matter—such as drunk driving or assault—the first stage the individual faces is a police investigation. Statements made during this stage are not merely for recordkeeping; they are later reviewed as key evidence during the immigration offender review that determines visa eligibility.   If inconsistencies are found in the statements given at that time, or if the explanation of responsibility is vague, it can lead to an unfavorable judgment in the immigration status review. There are actual cases where individuals gave inaccurate or unclear statements under pressure, which were later deemed inconsistent and used against them.   Because the police investigation stage is directly connected to immigration procedures, it is crucial to respond carefully from the beginning—keeping in mind that every answer becomes part of the official record.   It is much safer to attend the investigation with a legal representative experienced in Immigration Control Act violations. Doing so helps ensure consistency in explanations throughout the process and provides strong support later during the immigration offender review stage.    

3. Once a deportation order is issued, it can lead to forced removal from the country.

  After receiving a fine or a heavier penalty for violating the Immigration Control Act, many people begin to seriously worry about their visa and residence status. In particular, if the fine amount is high—such as in cases of repeat drunk driving offenses—the Immigration Offender Review will actually examine whether deportation should be carried out.   The immigration authorities often consider deportation in cases that meet the following conditions:

• A single offense resulting in a fine of 300,000 KRW or more,
• A total fine exceeding 5 million KRW within the past five years,
• Receiving two or more fines within the past two years, or
• Having three or more criminal dispositions within the past five years.

  Because drunk driving frequently results in fines exceeding 3 million KRW depending on blood alcohol concentration levels, it is often more practical to focus on mitigation and leniency materials rather than claiming complete innocence.   At this stage, it is important to submit materials demonstrating that:

1. The incident was not intentional,
2. The individual has lived responsibly in Korea without other legal violations, and
3. The person is stably settled in society, through family, employment, and community life.

  Providing these supporting documents can significantly increase the likelihood of a favorable outcome in the immigration review.    

4. A real case in which a foreign national retained their residency status after being caught in a DUI checkpoint.

  The client, a Japanese woman in her 30s, was residing in Korea on an F-6 visa after marrying a Korean national and raising their child together.   One evening, after a company gathering, she attempted to drive home, thinking she had only consumed a small amount of alcohol. However, she was stopped at a DUI checkpoint, and her blood alcohol concentration (BAC) was measured at 0.103%. As a result, she was criminally prosecuted and her case was classified as a violation of the Immigration Control Act, subjecting her to an immigration offender review.   Because the fine exceeded 3 million KRW, the possibility of forced deportation was also being considered. Therefore, the client decided to seek legal assistance to determine the best course of action.   Her legal representative emphasized the following points in the defense submission:

1. She was well-settled and integrated into Korean society,
2. She was personally caring for her child and serving as the child’s primary guardian,
3. She was steadily employed in a stable job, and
4. She had taken concrete steps to prevent reoffending, including selling her car and voluntarily committing to sobriety.

  These factors were positively evaluated during the review process, allowing her to retain her visa status and continue residing in Korea.    

5. In conclusion: Even after the criminal proceedings are over, the immigration response process begins anew.

  As previously explained, when a foreign national receives a criminal disposition, the process does not end with the trial. Based on the record of the Immigration Control Act violation, a separate immigration offender review is conducted afterward.   At this stage, whether the individual can maintain their stay in Korea is not determined solely by the amount of the fine. The final decision takes into account multiple factors such as the person’s living circumstances, level of social integration, and efforts to prevent reoffending. Therefore, when a person is notified of an immigration offender review, it is crucial to analyze their current situation carefully and prepare a detailed explanation demonstrating the necessity of their continued stay.   Because this procedure involves complex legal interpretations and administrative practices, it is far more stable and effective to seek assistance from both a criminal defense attorney and an immigration law specialist from the very beginning of the process.