Returning with an Arrest Record

[ewraught]

Okay, I messed up in Osaka a while back. I copped to my wrong doing and got a suspended sentence. Presently, I would like to return to Japan, but I am concerned about visa issues and to a lesser degree background checks. The judge claimed he wanted to give me a second chance to contribute to Japanese society, though I imagine this was a scripted response. Anyway, I know I have the skills to get back in the game in Nippon, but I'd like to know if any other FGs have had this problem and overcome them. Thanks for the advice if anyone has similar experiences...

[kamome]

Let's hear it: what did you do?

[IkemenTommy]

I've been arrested, fingerprinted, and went through the whole police station ordeal (minus getting locked up and prison screwed) but I am doing all right. For me, it was just a misdemeanor though. Don't ask exactly what I did though..

[Greji]

I've been arrested, fingerprinted, and went through the whole police station ordeal (minus getting locked up and prison screwed) but I am doing all right. For me, it was just a misdemeanor though. Don't ask exactly what I did though..

I think he is referring to a felony conviction, which most court rulings entitle you too receive.

As Kamome says, with out knowing the details, it is difficult to say. Most convictions can be waivered for a visa, but it will ususually require application. Even the big names have to do it. MCartney for his pot bust at the border etc.

No country will openly let in convicted felons. You will have to list the offense and if appropriate, apply for a waiver (a definate in all drug related offenses). If you do not list your offense, you will be called on it, or usually rejected at hand when your record pops up in the computer. This is extremely bad, because in most cases, if you have not listed the bust, they will consider it attempting to obtain a visa under false pretenses and this will infinately complicate further requests.

[Mulboyne]

For best advice, and the best chance of finding someone with a comparable experience, tell us what the nature of the conviction is. With a felony, as gboothe says, you'll need to apply for a waiver. You might think that drawing attention to the the issue will almost guarantee you a refusal but that isn't necessarily the case and, anyway, the other option is lie and hope for the best which I can't recommend. Especially since it sounds like you want to return to Japan rather than just visit.

One ex-colleague of mine picked up a conviction for possession of marijuana and was deported. He returned a year later on a short-term visa and was allowed back in but the second time he did it, the database threw up a name match and he was refused entry. His current understanding is that he needs to let some time pass - 5 years was suggested - before applying for entry. He has nothing in writing to confirm that, though and one immigration lawyer has told him that he would be surprised if he was permitted entry again so soon.

If you were deported for a visa infringement then the penalties for that offence have become considerable stricter.

EDIT: Here is something in English from Asahi Tokyo Law Office. I don't know them so I can't vouch for them:

***Any alien who falls within any one of the following items shall be denied permission for landing in Japan:

<snip>

(4) Any person who has been convicted of a violation of any law or regulation of Japan, or of any other country, and sentenced to penal servitude or imprisonment for 1 year or more, or to a penalty equivalent thereto except for those convicted of a political offense;
(5) Any person who has been convicted of a violation of any law or regulation of Japan or of any other country relating to control of narcotics, marijuana, opium, stimulants or psychotropic substances and sentenced to a penalty;
(5)-2 Any person who has been convicted of a violation of any law or regulation of Japan or of any other country or has been deported from Japan in accordance with the provision of the Immigration Control and Refugee Recognition Act or expelled from any other country in accordance with the provision of any law or regulation of that country for killing, injuring, assaulting or threatening a person, or damaging or destroying a building or other thing in relation to the process or result of an international-scale competition or a competition of the equivalent scale or an international-scale conference (hereinafter referred to as "international competition, etc.")or with intent to prevent smooth operation thereof, and is likely to kill, injure, assault or threaten a person, or damage or destroy a building or other thing in relation to the process or result of an international competition, etc. held in Japan or with intent to prevent the smooth operation thereof, at the venue of the international competition, etc. or within the area of a municipality where the venue is located (This refers to "ward" where Tokyo Special Wards exist or for cities designated in Article 252-19, Paragraph 1 of the Local Autonomy Law (Law No.67 of 1947).) or in a neighboring place provided for use by unspecified or many people;
(6) Any person who illegally possesses any narcotics or psychotropic substances as provided for by the Narcotics and Psychotropic Substances Control Law (Law No.14 of 1953), or marijuana as provided for by the Marijuana Control Law (Law No.124 of 1948 ), or poppy, opium or poppy plant as provided for by the Opium Law (Law No.71 of 1954), or stimulants or raw materials used for stimulants as provided for by the Stimulants Control Law (Law No.252 of 1951), or any other paraphernalia used for smoking or eating opium;
(7) Any person who engages or has engaged in prostitution, or procuring prostitutes for other persons or solicitation or furnishing a place for prostitution, or any other business directly connected with prostitution;
(8 ) Any person who illegally possesses firearms or swords, etc. provided for by the Law for Controlling the Possession, etc. of Firearms, Swords, etc. (Law No.6 of 1958 ) or explosives provided for by the Explosives Control Law (Law No.149 of 1950);
(9) Any person who has been denied landing for coming under the provision of either Item (6)or the preceding item and 1 year has not yet elapsed from the date of the denial, or any alien who has been deported from Japan for coming under any one of the items of Article 24 (except for Item (4), Sub-items (1) to (o) and Item (4)-3) and 5 years has not elapsed from the date of the deportation;
(9)-2 Any person who has been pronounced a sentence of penal servitude or imprisonment on the charge of a crime referred to in Book II, Chapters XII, XVI to XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code of Japan (Law No. 45 of 1907), or in Article 1, 1-2 or 1-3 (except for the parts concerning Article 222 or 261 of the Penal Code of Japan) of the Law concerning Punishment of Physical Violence and Others (Law No. 60 of 1926), or in the Law for Prevention and Disposition of Robbery, Theft, etc. (Law No. 9 of 1930) during a stay in Japan with the status of residence described in the upper column of the Annexed Table I, and who has left Japan after that, and the judgement has become final when the person is outside of Japan, and five years have not yet elapsed from the date when the judgement became final;
(10) Any person who has been deported from Japan for coming under any one of Article 24, Item (4), Sub-items (1) to (o);
(11) Any person who attempts or advocates the overthrow of the Constitution of Japan or the Government formed thereunder by means of force or violence, or who organizes or is a member of a political party or any organization which attempts or advocates the same

<snip>

[Greji]

EDIT: Here is something in English from Asahi Tokyo Law Office. I don't know them so I can't vouch for them:

"....(7) Any person who engages or has engaged in prostitution, or procuring prostitutes for other persons or solicitation or furnishing a place for prostitution, or any other business directly connected with prostitution;...."

Damn! I should have been thrown out years ago!

Any rate, that sounds pretty close to the previously laws as I remember them while working in that area. However, as they say in the military, everything is waiverable.

You need to try the waiver route. Contact the nearest embassy or counsulate and start on putting together a waiver. No disrespect meant for those of you who might be out there, but sometimes cases like this, a lawyer can be a detriment. It is usually better to work with someone in the embassy/counsulate first hand. Obviously there are many assholes manning the windows, but far in large, there are many good people will attempt to help you if you can reasonably convince them of your sincerity.

As Mulboyne says it is better to go the waiver route. If you get nailed trying to conceal your past, they can refuse you and label that as a refused admittance, which for future applications, will rank with a deportation. All of which will make your return progressively that much harder.

So if you don't want to consider NK trawlers off Sado, I suggest you settle for the long tedious wait. Once you do get it approved, everything is erased and your back to a fresh start. Boring but well worth the wait.

[Taro Toporific]

DP DP DP

[Taro Toporific]

...Most convictions can be waivered for a visa, but it will usually require application...

The waiver for a non-violent felony is fairly automatic IF you have a Japanese wife ... especially so if you have Japanese-born kids.

On the other hand, if you're a single, unskilled, foreigner who is not fluent in Japanese and you do not have any "connections" or good legal team, you will have an uphill visa battle. It will be even worse if you are trying to get your first work visa at a new job----rot's a ruck!.

[torasan]

If you were arrested, sir, indicted and tried in court in Japan, and found guilty, which 99.9 percent of detainees are, and then given a sentence, even though a suspended one, and I assume your offense was a visa overstay, no matter how well intentions were intentions were, even if it was a day overstay or three months, but the main thing is, sir, if you were found guilty in court, even with a suspended sentence and a deportation, you are in the eyes of a the Japanese legal system a CONVICTED FELON and you will NEVER BE ALLOWED back in again, ...unless you are SIR PAUL. That is the only way. You can never ever get back in. I know a guy, it happened to him, 15 years later, he still cannot get back in. Once convicted in Japan, even with a suspended sentence, you are PERSONA NON GRATA for the rest of your life. No matter what the lawyers say. Forgetabouttit!

Mulboybe, interesting that a friend of yours with a weed convcition was allowed back in once, the computer must have been down. My friend tried to get back in, a year after being deported for a minor visa overstay violation and he was refused entry at Narita, made to sleep on a futon in the arrival lounge overnight, guarded by two guardmen, and put on the next plane back to Los Angeles in the morning, at his expense. The immig cops told him his name was on a blacklist for life, and he could never return to Japan, evn after 5 years or ten years. He can apply for a waiver, but he will never get it.

SAMe with the gentleman above. ONCE convicted and sentenced, you can never return to Japan. it's over.

[torasan]

1. One ex-colleague of mine picked up a conviction for possession of marijuana and was deported. He returned a year later on a short-term visa and was allowed back in but the second time he did it, the database threw up a name match and he was refused entry.

2. His current understanding is that he needs to let some time pass - 5 years was suggested - before applying for entry.

3. He has nothing in writing to confirm that, though and one immigration lawyer has told him that he would be surprised if he was permitted entry again so soon.

.

1. He is on lifetime blacklist, lucky he got through first time, but likely never again. But he can try. Just a plane ticket to buy...

2. He needs to let a lifetime pass, after he is dead, his spirit will be allowed in, that's all he can expect....

3. His lawyer knows the truth. He can never return in this lifetime. But he apply for a visa, he can even fly to Narita, but he will be STOPPED. It is the law.

4. [Or he can marry a Japanese in his home country and then as a couple, they can try to go back to her home country....]

[ewraught]

I don't know if the details will add any light to my questions, but here goes. I got popped for buying on the streets of Osaka, which I presume is a felony. I spent two months waiting for my trial (facinating experience) just to confess. I got a suspended sentence and I wasn't deported and it seemed to me at the time that I was welcome to stay out the rest of my visa. I was never informed of any lifetime banning and in fact it seemed like the way my sentence was detailed to me that it was being suspended in the hopes that I would make good so to speak. Granted this may likely be Japanese politeness and not to be taken seriously. However, I would think I would be informed if I was being blacklisted and were not permitted to return. Does this information add any further perspective on the possibility of returning, either to visit or live?

[Taro Toporific]

...I got popped for buying on the streets of Osaka, which I presume is a felony...

Ok, first you need to figure out whether or not you have a felony conviction. If you cannot read your conviction paperwork (or you do not have it) you REALLY need someone to help. If your conviction is just a misdemeanor, you don't have a problem. If you have a Japanese felony drug conviction, basically you're screwed. Since you have left Japan, getting a visa waiver to come back is a longshot.

[Greji]

Since you have left Japan, getting a visa waiver to come back is a longshot

First of all, there is no "lifetime ban". Everything is waiverable or under limitations. All provisions will state something to the effect of "persons having committed an offense of" blah, blah, or just resembling Taro, will not be granted a visa or admitted to the country.

As Taro said, you need to determine if this offense is considered a felony, primarily, because some countries (to include the US) will not issue you a passport if you have previously been convicted of a felony abroad and for the US almost all drug offenses will apply. So even if you still have a valid passport, you might not be able to renew it! This again requires a waiver and is not that difficult (for the US) but it is just time consuming. That having been resolved you then have to face the visa waiver.

Again, Torasan and everyone can shout the horror stories of chances ranging from slim to none, but it is a decision made through the embassy/counsulate and the opinion of the visa officer at the window is what you have to win. Because 90% of the visa officer's recommendations are going to be approved, it is that person who you have to convince of your sincerity. Plus, you are going to have to have them review your case details on the waiver application anyway. It will be quite time consuming, but it is not impossible. Even if it turns out that you can't get it approved, you will never know until you try.

[kurohinge1]

. . . I got a suspended sentence and I wasn't deported . . .

Plugging that info into Article 5 (Denial of Landing) of Section II (Landing of an Alien) in Chapter II (Entry and Landing) of Japan's Immigration Control and Refugee Recognition Act, I would've thought that you'd be allowed in. And my free opinion is worth every penny.

But I agree that you should try and get some form of official record or at least matter number/reference so that they can confirm that you were not "sentenced to a penalty".

Also, I'd be trying to get some sort of confirmation from the Embassy before you shell out for a plane ticket, etc, better still if it's in writing.

Having said all that, I noticed that "Red" posted at Japan-guide.com this month that he gained entry (to visit) despite "a criminal record of drug possession". Unhelpfully, he doesn't say whether he had been "sentenced to a penalty".

Hope this helps.

[torasan]

I got popped for buying on the streets of Osaka, which I presume is a felony. I spent two months waiting for my trial (facinating experience) just to confess. I got a suspended sentence and I wasn't deported and it seemed to me at the time that I was welcome to stay out the rest of my visa. I was never informed of any lifetime banning and in fact it seemed like the way my sentence was detailed to me that it was being suspended in the hopes that I would make good so to speak. Granted this may likely be Japanese politeness and not to be taken seriously. However, I would think I would be informed if I was being blacklisted and were not permitted to return. Does this information add any further perspective on the possibility of returning, either to visit or live?

Well, if you were NOT deported, then you have a good chance of coming back in. When one is deported, it is marked in the computer for life, usually a ban of 50 years follows this. However, if you were not deported and left voluntarily on your own, then you have a much better chance of applying for a new tourist visa or work visa or whatever. Try it. Only deportees are blacklisted for life.

[TennoChinko]

One idea would be to do the following:

1. Do a legal name change back home. For example, use your mother's maiden name. And consider switching the order of your first and middle name.

2. Change all the necessary ID and documents including drivers license, university degree and transcripts, credit cards and last but not least, your new passport.

3. Return to Japan using a brand new passport and name.

* There was one guy who did this after getting arrested and deported for weed. He did all of the above, plus one more thing. Since he had dual nationality -- something like Canadian and South African -- David was able to come back with a completely different passport.

[Mulboyne]

I just heard the story of a guy who accidentally overstayed his visa, I think by as much as a few months He has lived in Japan for around 15 years and was probably on a specialist in humanities visa. He was leaving the country for his wedding when immigration noticed the problem and were not ready to let him leave. They let him catch his plane but stamped the dreaded "deported" on his passport.

It took three or four weeks at the consulate in the US but he was able to resolve the problem and is back in the country. I don't know how he was able to swing it but he speaks good Japanese, is a senior executive with a big US company in Japan, has no convictions and his wife is Japanese. I'm sure this combination helped him a good deal.

This story tends to support gboothe's point that the rules about "deported" aren't set in stone. There are undoubtedly many more instances of people who can't get back in but this is an actual case, rather than a rumour, where someone has been able to swing it.

[Greji]

This story tends to support gboothe's point that the rules about "deported" aren't set in stone. There are undoubtedly many more instances of people who can't get back in but this is an actual case, rather than a rumour, where someone has been able to swing it.

Again, this was a case of the immigration officer's descretion in reverse. The act of declaring the inidividual as a deported person is allowable as he has an overstay on his visa, however, it is not a conviction and there is no equivalent of a board evaluation, therefore, it is easily reversed, or set aside if you will. But, it still requires getting the issue in front of the right guy to do this.

Just a comment on Kuro's earlier post where he stated "....But I agree that you should try and get some form of official record or at least matter number/reference so that they can confirm that you were not "sentenced to a penalty"....".

Kuro is right an official copy of the record should always be obtained if one has lost the original. However, the sentenced to a penalty provision is different in Japan. The individual received a suspended sentence, which meant no jail/prison time, however, it is in fact, a felony conviction with a prison sentence, even though you do not go to jail, if you don't get in trouble for the prescribed period (i.e.three years at hard labor, suspended for four years). This is the charge that will pop out of the computer and get your visa refused on the initial offering.

[Southern314]

I got popped for buying on the streets of Osaka, which I presume is a felony. I spent two months waiting for my trial (facinating experience) just to confess.

How about you just stay out of Japan? The last thing the rest of us living here need is another drug using moron giving the rest of us a bad image.

[Tommybar]

I have NO idea what these people are talking about but...

My brother was caught with weed, spend 3 months in jail, was given a 2.5 year suspended sentence (would have been 3 but they gave him time served), 3 years probation, and was released. He was never deported. He has since moved to another country and visits me here in Japan often.

He was questioned the second time he came back, but they let him in.

[IkemenTommy]

TommyBar, that sounds like what they did with Paul McCartney.

[Greji]

TommyBar, that sounds like what they did with Paul McCartney.

Negative. Although, I would have to know more about the case for TommyBar's brother to comment, but McCartney definately has to apply for a waiver to obtain a visa each time he comes into Japan.This is because of his entrance has always been for business as compared to a 90 day visa waiver. It may possibly be that Tommy's brother, because of entering for a visit under the visa-waiver status for 90 days, gets around this because there was no deportation notice to flag it. This won't work for the US but may well work in that type of instance for Japan. However, you might not want to advertise it!

Also, in the case of US citizens, normally Japan defers to the US to sort these out, since in most cases, the US government will not issue or re-issue a passport to someone who has been convicted of a drug offense overseas. This is waiverable, however, it also may well have slid through the cracks. Tommy, it would be interesting to know if your brother has since had his passport renewed. Again, even if he has, I would be careful in mentioning anything about it around the authorities. Sometimes, it is better if they don't know.