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법률칼럼Legal InsightForeigner2026. 05. 19

[Law Firm Majung] I have been imprisoned in Immigration detention center in Korea. Which law firm should I visit to get out?

I have been imprisoned in Immigration detention center in Korea... When foreign nationals residing in Korea receive a no

I have been imprisoned in Immigration detention center in Korea...

When foreign nationals residing in Korea receive a notice related to their immigration status, many assume that all procedures have already been completed. In particular, the term “deportation of undocumented foreign nationals” carries a strong sense of finality, leading some to believe that there is no longer any possibility of response. However, in reality, the process does not end so simply. Even after the notice is issued, various materials and circumstances are still reviewed, and the direction of the outcome may change during this stage. Although it may appear to be already finalized on the surface, internally it may still be in a stage where a decision is being made. Therefore, it is important to accurately understand the current situation and to analyze, in a structured way, which factors may influence the decision. It is necessary to understand that deportation is not merely a final notification, but part of an ongoing decision-making process.

CONTENTS
1.
How Are the Criteria Applied in Leading from Undocumented Stay to Deportation?
2.
Why Do Living Stability and Immigration Circumstances Affect the Outcome?
3.
How Can the Outcome Change Depending on the Response After Notification?
4.
Why Is Simple Procedural Guidance Not Sufficient in Deportation Cases Involving Undocumented Foreign Nationals?

1. How Are the Criteria Applied in Leading from Undocumented Stay to Deportation?

Deportation of undocumented foreign nationals does not automatically lead to forced removal. In practice, the decision is not based solely on whether the period of stay has been exceeded.

CHECK POINT
Violation circumstances
Circumstances surrounding the immigration violation
Duration of overstay
Length of the period exceeding the permitted stay
Intent
Whether the violation occurred intentionally or unintentionally
Past history
Previous immigration-related records

Even if the same period of overstay is involved, the outcome may differ depending on whether it was a simple mistake or a repeated violation. These factors are comprehensively evaluated to determine the final disposition. Therefore, rather than concluding the outcome based only on the fact that the period of stay was exceeded, it is important to organize and present the overall situation in a structured manner.

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2. Why Do Living Stability and Immigration Circumstances Affect the Outcome?

In determining deportation of undocumented foreign nationals, factors beyond the mere fact of violation—such as the individual’s living base in Korea—may also be considered. The following factors can serve as reference elements in the decision-making process:

  • Family relationships
  • Employment
  • Long-term residence history

While these factors may not be decisive enough to completely reverse the outcome, they are not disregarded either. In practice, there can be a difference in results between cases where the necessity of staying in Korea is clearly and specifically presented and those where it is not.

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3. How Can the Outcome Change Depending on the Response After Notification?

Many people take no action after receiving a deportation notice for undocumented stay, but this stage can actually be the most critical.

RESPONSE
Submission of written opinions
Organizing and submitting relevant explanations and materials.
Organization of facts
Structuring the facts consistently based on the circumstances of the case.
Explanation of the necessity of continued stay
Explaining relevant circumstances that may affect the decision-making process.
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4. Why Is Simple Procedural Guidance Not Sufficient in Deportation Cases Involving Undocumented Foreign Nationals?

WHY MAJUNG?
Deportation Cases, Why Majung?
Structured Immigration Response Strategy
At Majung Law Firm, we design response strategies that reflect actual administrative decision-making structures based on experience within the Immigration Office. We analyze criminal matters and immigration dispositions together, approaching cases in a way that considers residency risks.
Multilingual Consultation Environment
Through our multilingual system in English and Chinese, we provide communication support throughout the consultation and case process.

If your situation requires more than simply understanding information, and instead calls for a strategic approach that can influence the outcome, it is important to choose a firm capable of this kind of structured analysis. If you are currently facing such concerns, we recommend working with legal professionals to address these issues.

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