Hello,
This is Majung Law Firm, a Korea immigration lawyer team dedicated to helping foreign nationals living in Korea.
One of the most common questions we hear is:
Many foreign nationals believe that once a criminal case is over, everything is finished.
Unfortunately, that is not always the case.
If Korean Immigration determines that you may have violated the Immigration Control Act or another Korean law, your criminal case may be followed by a separate Immigration Offender Review.
This review is different from the criminal process and may affect your visa and your ability to continue living in Korea.
Understanding what happens next—and responding early—can make a significant difference.
1. Why Did I Receive an Immigration Offender Review Notice?
Receiving this notice does not automatically mean that you must leave Korea.
It means that Korean Immigration has begun reviewing whether your immigration status should continue.
During this review, immigration officers may consider not only the violation itself but also:
This is why many foreign nationals seek advice from a Korean lawyer even after their criminal case has already ended.
2. The Criminal Case May Be Over, But Immigration Review Has Just Begun
Many people tell us:
"I thought paying the fine was the end."
However, immigration authorities conduct their own review separately from the criminal court.
Cases involving DUI, assault, drug offenses, and other criminal matters frequently lead to an Immigration Offender Review.
For example, in DUI cases, a driver may receive a criminal fine while also facing immigration consequences during the review process.
This is why responding only to the criminal case may not be enough.
3. Your First Police Statement Still Matters
Many foreign nationals don't realize that the statements made during the police investigation may later be reviewed by Korean Immigration.
Common problems include:
When these issues appear in the investigation record, they may affect the immigration review as well.
For this reason, many people choose to consult a Korea immigration lawyer before important statements are submitted.
4. Departure Order and Deportation Are Different
After an Immigration Control Act violation is reviewed, Korean Immigration may issue different types of decisions.
Depending on the circumstances, a case may result in:
Factors that may be considered include:
However, these factors are not the only considerations.
Immigration authorities may also review:
Because every case is different, the outcome may vary depending on the individual's circumstances.
5. If You Have Received a Notice, This Is the Time to Prepare
If you have already received an Immigration Offender Review notice, the immigration process has begun.
However, the final decision has not necessarily been made.
This is the stage where organizing your situation and preparing appropriate supporting materials may still influence the outcome.
At Majung Law Firm, we help foreign nationals by:
The most important questions are:
How quickly do you respond?
And how well are you prepared?
Don't Wait Until the Review Is Finished
Receiving an Immigration Offender Review notice can be stressful, especially if your family, job, or future is in Korea.
But receiving the notice does not always mean your stay will end.
Understanding your situation early, organizing the right documents, and responding strategically can make a meaningful difference.
Thank you.
