Illegal entry by fake passport
QUESTION
I first visited Japan as an entertainer 13 years ago and had a relationship with a Japanese. I overstayed for three years because of our relationship. When I surrendered to the Immigration Bureau in June 2006, I got the documents stating, “You may leave a country arbitrarily” and went back to the Philippines. I was also notified that “You cannot re-enter Japan for more than one year as a penalty.”
Since my Japanese boyfriend didn’t want to get married, I consulted it with a local visa broker. He suggested me to use a fake name. We carried out our marriage registration at LCR by submitting his required documents and with my cousin’s certificate of birth that I obtained her comprehension after he came into the Philippines. He carried out the application procedure for my Certificate of Eligibility at the Immigration after he went back to Japan.
In November 2006, I re-entered Japan using the passport with my cousin’s name, and have lived together with him. Although my eldest daughter was born a year after, we were divorced since his fickle-mindedness was revealed in March 2015. The other day, my cousin requested me to delete my marriage history since she will get married with a Filipino.
ANSWER
1. What kind of thing is legally the disposal of the Immigration Bureau executed 10 years ago?
It is the disposal named as “Departure Order” specified in the Article 55-3 of Immigration Control and Refugee Recognition Law (Immigration Law). Although this is a simple procedure, it is one of the deportation procedures. Your mug shot and fingerprint had been taken at that time, and these have been keeping by the Immigration authorities forever. And, your name has been recorded on the “black list” as those who were deported by force from Japan of course. Therefore, you are certainly listed up by the fingerprint identification examination at the airport enforced on November 20, 2007 when you would re-enter into Japan.
2. What kind of crime is entering a country using a fake name?
The crime that entered a country using the fake name corresponds to the “Illegal Entry,” and is to be imposed the criminal punishment and administrative penalty as follows:
a) Criminal punishment
You are supposed to be carried out on the penal servitude not more than three years, confinement, or a fine not more than three million yen (No. 1, 70th article of the Law)
b) Administrative penalty
You are supposed to be deported back to your home country in principle (No. 1, Article 24 of the Law)
3. If I would be deported back to the Philippines, how does my child by birth deal with by the authority?
If you wish to be with her, you can take along and come back with her to the Philippines. If you would not do it, she will be at the nursing institution in Japan.
4. What should I do from now on in order to reside lawfully in Japan?
You must surrender to the Immigration Bureau independently same as last time, and notify the fact of illegal entry. But, this time, it is necessary to obtain the “Special Permission for Residence (Special Permission to Stay) provided in the No. 4, 1st clause of 50th article of the Immigration Law from the Minister of Justice. Then, you have to prepare and collect the required documents and certificate before you would surrender receiving a law specialist’s support who is well versed in the Immigration Law. Because, the Immigration authority will carry out the “deportation procedure” provided the Chapter 5 in the Immigration Law immediately in order to make you deport back to the Philippines as soon as possible. Therefore, you would be deported back there by the probability of 100% even if you would explain that “I am supporting the child by birth who has Japanese national” in the procedure since there is no time to substantiate and prove about your history and situation.
5. What should I mind when requesting and entrusting the deportation procedure in Japan to a lawyer?
a) The person who would trust should be well versed in the Immigration Law. Since there are very vicious person among those who are distributing a leaflet of his/her office’s name nearby the Immigration office and advertising on a grand scale on the Internet etc., it must be always required cautions and assign a person with very careful attention to the following many points. It is because such a person is not necessarily well versed in the Immigration Law.
b) Even if you do not request to the lawyer, the “Business Trust Contract” drawn up in English should be delivered to you. A “contract” is written document, which is filled in the right, duty etc., to produce between you (trustor) and a lawyer (trustee) on the process of this business, and when the dispute arises among both, it should be absolutely necessary since it serves as “proof”. Therefore, please don’t entrust those who will not create and deliver a “contract” by any means. Moreover, even if it is entitled a “contract”, don’t entrust it since you cannot understand when it created in Japanese only. And, even if it is created in English, please don’t entrust it by any means since it is unfair when the contents of it is just indicated the necessary expenses only, or when the duties of trustor (you) only are specified in it though any duties of trustee (lawyer) and etc. are not specified at all.
c) It must be those who understand English. All the documents delivered by the Philippines government authorities are written in English as you know. The lawyer in charge has to translate all of English into Japanese when submitting to the Immigration Bureau since it is a rule. Moreover, when hearing a detailed situation from a client including you who do not fully understand Japanese, the lawyer in charge will surely depend on English. Therefore, you had better avoid to make a contract with such lawyer since it is difficult to carry out the business when the lawyer in charge is not well versed in English.
6. What kind of measure and procedure should I perform in order to cancel the marriage under the name of my cousin?
Since this marriage, registration under the name of your cousin was carried out based on the Family Law in the Philippines, the annulment/cancelation measure and procedure must be taken based on this law in the Philippines. That is, your cousin must file the “Petition of Marriage Annulment” to the Regional Trial Court (RTC) in her home town by assisting a Filipino lawyer, and she can erase the records of marriage at NSO through LCR after the RTC would have delivered the determination of her petition to her.
7. What percentage has a possibility that I can get the Special Permission for Residence?
It will be 60% to 70% if it judges based on the information only given by you. However, so many proofs and information must be collected and examined in addition to these information/proofs.
Office name: Miyoshi International Legal Counsel Office
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