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Stayed too long without a Visa...

 
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MorgolKing



Joined: 18 May 2006

PostPosted: Sun Jun 03, 2007 8:40 pm    Post subject: Stayed too long without a Visa... Reply with quote

My bro has been visiting me w/o a visa and has stayed longer than the grace period of 90 days (he's been here about 110 days).

A worker from the immigration office says he only had a grace period of 30 daysy. Also she said he doesn't have to pay any fees and no penalties he just has to go home. He can apply for a visa from home and come back.

I'm just wanted to confirm this info. I would appreciate it if anyone could tell me if what she said is right or not. I've just had some bad experiences with workers from the immigration office telling me different things...

Thanks for your help!
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jun 04, 2007 12:45 am    Post subject: Re: Stayed too long without a Visa... Reply with quote

MorgolKing wrote:
My bro has been visiting me w/o a visa and has stayed longer than the grace period of 90 days (he's been here about 110 days).

A worker from the immigration office says he only had a grace period of 30 daysy. Also she said he doesn't have to pay any fees and no penalties he just has to go home. He can apply for a visa from home and come back.

I'm just wanted to confirm this info. I would appreciate it if anyone could tell me if what she said is right or not. I've just had some bad experiences with workers from the immigration office telling me different things...

Thanks for your help!


If he has overstayed his visa (or visa waiver stamp) he can expect a delay at the airport (up to several hours), a notation in his immigration record and a fine of 100k per month or part thereof for his overstay.

If he is caught outside the airport then he will be held in a detention center until his matter is adjudicated, then fined and deported at his expense.

If he cannot or will not pay either the fine or cost of his departure from Korea then he will be kept in detention until such time as he is willing or able to pay and then he will be labeled persona non grata (black listed) from the country.

Sorry to be the bearer of bad news.

.
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MorgolKing



Joined: 18 May 2006

PostPosted: Mon Jun 04, 2007 3:34 am    Post subject: Reply with quote

Thanks for the reply. Can you confirm that he can not apply for an F-4 visa (or I guess any visa) while in country? Also is the mark on his immigration record automatic or is there a chance he can just pay the fine and the matter be settled?

Thanks again

Oh and one more thing--is the grace period 90 days or 30 days??
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Mon Jun 04, 2007 5:08 am    Post subject: Reply with quote

MorgolKing wrote:
Thanks for the reply. Can you confirm that he can not apply for an F-4 visa (or I guess any visa) while in country? Also is the mark on his immigration record automatic or is there a chance he can just pay the fine and the matter be settled?

Thanks again

Oh and one more thing--is the grace period 90 days or 30 days??


He cannot apply for a visa from within the country.

If he had legal status (not in an overstay position) he could have applied for a change of status (not the same as an application for a visa) from inside the country.

The mark will be in his file. He has broke the law. The effect of the mark will probably not be anything ASSUMING he leaves of his own accord BEFORE he is compelled to (caught as an illegal).

To the best of my knowledge there is no "grace" period AFTER your visa or visa waiver stamp has expired. You MUST leave or get an extension or get a change of status on or before that date.

I think the immigration person you spoke to may have been refering to the period of visa waiver (no visa required period) on a tourist entry stamp (B1 / B2) and that varies from 30-90 days depending on the nationality of the person involved.
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MorgolKing



Joined: 18 May 2006

PostPosted: Mon Jun 04, 2007 5:43 pm    Post subject: Reply with quote

I was told an F-4 visa (overseas Korean) could be applied for in country. Is that incorrect?

Thanks ttompatz, as always you are fountain of knowledge. Thanks for helping out Smile
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MorgolKing



Joined: 18 May 2006

PostPosted: Tue Jun 12, 2007 5:22 pm    Post subject: Reply with quote

Just an update:

You can apply for an F-4 visa here while in country even if you don't have a visa and you overstayed your 30 day or 90 day travel stay. My brother and I went to the immigration office with our uncle and he should be getting his visa mailed to him sometime this week. Thanks for the help!
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bourbon street



Joined: 25 Apr 2007

PostPosted: Sun Jun 17, 2007 12:22 pm    Post subject: Reply with quote

here's a longshot but maybe worth considering. have your bro. head down south to busan and try to get on a hydro to fukuoka, japan. immigration might not scrutinize his visa and passport at quite the level as the airport. if he makes it to japan he can apply for a 30 day visitors visa and fly out of japan at any time. you bro. needs to find a way out of korea whereby his visa and passport won't be checked as carefully, or not at all for that matter. of course find out the protocol in busan before spending the $$$ to get down there. on the other hand, if your bro. has the cash, it might just behoove him to pay the fines and just get the hell out. good luck
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moosehead



Joined: 05 May 2007

PostPosted: Sun Jun 17, 2007 1:39 pm    Post subject: Reply with quote

bourbon street wrote:
here's a longshot but maybe worth considering. have your bro. head down south to busan and try to get on a hydro to fukuoka, japan. immigration might not scrutinize his visa and passport at quite the level as the airport.



trust me the busan immigration people are NOT the ones you want to go thru they are looking for overstays there -

do NOT i repeat do NOT send your brother there -

airports are much more lax, it's stamp stamp goodbye...

moosehead
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Catt



Joined: 16 Apr 2007
Location: The land of OZ

PostPosted: Sun Jun 17, 2007 8:23 pm    Post subject: Reply with quote

Just a bit of an aside note. If you are here on a visa and need to extend it before it expires there is a website where you can do that. Even if you are extending your work visa for travel while in the country. I think it was www.g4f.go.kr I was able to extend my visa in about an hour on there.
Plus as much as people would like to believe there is a "grace" period you are supposed to leave the country on or before the date on your passport. Not 14 days later like some people seem to think.
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livinginkunsan



Joined: 02 Dec 2006

PostPosted: Mon Jun 18, 2007 9:06 pm    Post subject: Reply with quote

ttompatz wrote:

He cannot apply for a visa from within the country.

If he had legal status (not in an overstay position) he could have applied for a change of status (not the same as an application for a visa) from inside the country.


MorgolKing wrote:

Thanks ttompatz, as always you are fountain of knowledge. Thanks for helping out Smile


As you found out, not always a "fountain of CORRECT knowledge." You can apply for a F-2 or F-4 without leaving the country and on a travelers visa. Kinda funny that you would listen to his advice over someone from immigrations.
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dogshed



Joined: 28 Apr 2006

PostPosted: Tue Jun 19, 2007 6:57 am    Post subject: Reply with quote

I found this on the immigration web site:

http://www.g4f.go.kr/pt/InfoDetailR_en.pt?bbscttTitle=Entry+Inspection+%26+Entry+Requirements+of+Foreigners&categoryId=2&parentId=399&catSeq=402&showMenuId=368&fromOrgPath=&toOrgPath=&userId=&resorceCont=info+boards+%3E+Immigration

Foreigners who have overstayed their allowed period of stay may leave the country after complying with prescribed procedures at the Immigration Bureau.

I have no idea what that means.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Tue Jun 19, 2007 7:21 am    Post subject: Reply with quote

livinginkunsan wrote:
As you found out, not always a "fountain of CORRECT knowledge." You can apply for a F-2 or F-4 without leaving the country and on a travelers visa. Kinda funny that you would listen to his advice over someone from immigrations.


They obtained a "change in the status of sojourn". It is NOT a new visa.

New visas can ONLY be obtained outside the country.
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livinginkunsan



Joined: 02 Dec 2006

PostPosted: Tue Jun 19, 2007 5:37 pm    Post subject: Reply with quote

ttompatz wrote:
livinginkunsan wrote:
As you found out, not always a "fountain of CORRECT knowledge." You can apply for a F-2 or F-4 without leaving the country and on a travelers visa. Kinda funny that you would listen to his advice over someone from immigrations.


They obtained a "change in the status of sojourn". It is NOT a new visa.

New visas can ONLY be obtained outside the country.


A person with no visa (traveler), can apply for and receive an F-2 or F-4 without leaving the country. You can try to prove you are right, but you just aren't. Sorry to crash your internet "big guy" image.
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valkyrian2
Mod Team
Mod Team


Joined: 15 May 2007

PostPosted: Wed Jun 20, 2007 3:51 am    Post subject: Reply with quote

livinginkunsan wrote:
A person with no visa (traveler), can apply for and receive an F-2 or F-4 without leaving the country. You can try to prove you are right, but you just aren't. Sorry to crash your internet "big guy" image.


84 posts in the last 6 months since you joined and NOTHING USEFUL to anyone in any of them - almost all of them were either meaningless / pointless comments or cheap shots at someone else - I LOOKED.

You certainly are an internet "big guy" to look up to.
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