Action to a Shyster/ Vicious Lawyer
QUESTION
I read your column after being introduced by one of my friends in Japan. It is now one of my most favorite magazines, which I have read with pleasure. The difference and heterogeneity to other magazines are especially the law columns by Attorney Miyoshi. It is my pleasure to read this column, and I do want your company to continue this column all the time from now on. Now, I do hope Atty. Miyoshi would answer to my question.
I visited Japan with a tourist visa in May 2016. Then, I am overstaying for more than 3 years. While I have been residing in Japan, I’ve got married to a Filipina on November 13, last year. So, since I do want to obtain the residence permit from the Immigration Bureau, we visited and consulted with a lawyer on December 4, who is advertising on the Philippine newspaper/magazine. My wife paid him 450,000 yen in total based on his request as he promised that he could surely obtain the residence permit for me. However, there is no contract with him at that time. The receipt is in Japanese only, which indicated the received amount of money and was briefly handed to us without any information regarding the procedure. Then, 2 days later, he went to the Tokyo Immigration Bureau together with me. He prepared no documents at that time when we visited the Immigration Bureau but explained something orally to the officer, which I could not understand what kind of explanation had been explained because it’s in Japanese.
After that, he did nothing. No information was given to me. I think that my case is now pending in the Immigration Bureau and I am very worried about how my case will be treated by the Immigration Bureau in the future. Then, please teach me the following question.
1) How to proceed with my case in order to get a residence permit?
2) How to find or recognize a shyster?
ANSWER
1) Process of your case
The first half of your question refers to the “Special Permission to Stay” granted by the Minister of Justice. As you see, a foreigner who overstayed in Japan, as a rule, is supposed to be deported to his/her native country after the Immigration formalities (the deportation procedure). While the process of deportation is taking place by the authority, no one can work because he/she has no Immigration status (visa) at all and is detained in the Immigration facilities in principal. Though some cases, such as a surrender case, case of taking care of infant/little child and spouse of Japanese national for example are not supposed to be detained, they cannot work at all even if he/she would not bedetained.
You must state, substantiate and prove your career, background and the facts plainly from the time of your birth till today on the deportation procedure by the authorities. Moreover, you must create all these documents in which the quantity is huge in Japanese. Under these situations, a lawyer incharge must create all these documents instead of you. Of course, it is also included translating a certificate of birth, etc. from English into Japanese. Therefore, the lawyer who takes charge of your case must be interpreting the Immigration Control and Refugee Recognition Law properly and exactly and is always required to excel in a variety of document creation. However, it is necessaryto carry out the following methods in the present condition which the lawyer in charge does nothing at all.
1) You yourself draw up these documents and submit it to the Immigration Bureau.
2) You must find a just lawyer and entrust him/her to your case.
Besides, you should request the shyster to pay back 450,000 yen and indemnify it. The procedure in the Immigration Bureau has amounted to five stages, such as “Investigation”, “Inspection”, “Hearing”, “Appeal to the Minister of Justice”, “Final decision by the Minister of Justice”. If you would have obeyed the decision at the stage of “Inspection” or “Hearing”, you would havebeen deported back to your home country automatically, you should state that “I sincerely appeal my objection to the Minister since I would like to reside in Japan with my wife”. Then, after completion of this procedure, the“Special Permission to Stay” is supposed to be granted beneficially to you who has some considerable circumstances or reasons and be issued the Residence Card. Surely, you can stay and work in Japan after that. On the other hand, if not, you will be automatically deported back to the Philippines by the Immigration authority, unfortunately. Moreover, if you will be deported, you are also impossible to get any kind of Japanese visa and to comeback into Japan for more than 5 years. Anyway, as I think it is not too late, you should create your statement and other documents, such as explanatory data, evidence, etc., required in order to obtain the“Special Permission to Stay” from now on.
2) Treatment to a shyster
Please find my comment/answer referring to the second half of your question (treatment to ashyster). As you know, I responded to the request of the same several cases and have processed these. So, I do hope all readers of my columns check out the following points certainly in order that all readers including you do not encounter the same damage in the future. First, when requesting a lawyer, you must check whether the person had a state qualification as a lawyer, and he/she has registered as a member of association (association that exists per all prefectures). If he/she has registered as a member of association, he/she has been delivered surelythe“Membership Card”with which the photograph was always stuck, please check the contents of it. When you cannot read written Japanese, you would better to accompany a friend who can understand this indicated in Japanese. Moreover, as the certificate like the commuter pass always entitled “Notary Certificate”(with a photograph) from Director of regional Immigration bureau is delivered to those who have received approval, you have to check whether he/she possessed and whether it is within the term of validity or not. Second, is the necessity of a written document for a contract. As you can understand through your case, you should doubt that lawyer if he/she will not draw up a written Contract in English anddeliver to you even if he/she showed his/her “Membership Card”. So, when you would entrusthim/her your case, you must make sure and check whether he/she draw up a written contract before paying for a necessary expense for your case. It’s very important to point out that the“BusinessTrust Contract” has delivered to you or not. Of course, the content of it is also important. You should avoid trusting your business when he/she has never made up the contract written in English, such as “Business Trust Contract”, “Mandate Contract” or “Operating Agreement” etc. Because you cannot charge reparations and he/she has no responsibility unless there is a contract.
Even if he/she is the qualified person who registered as a member of association, those who encountered damage from the vicious lawyer, also existed not a little, who took advantage of a foreigner’s weak point incidentally, should request for cancellation or revocation of the qualification for reporting and addressing the damage fact without withholding and wavering. On the other hand, please report and request for cancellation or revocation of the qualification to the Bar association and Immigration Bureau by yourself.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.
Website: www.phildigest.jp
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
Working hour/day: 09:00-18:00/Monday-