Drug Offense & Immigration Review
Drug-related cases — cannabis, methamphetamine, synthetic drugs — face the strictest scrutiny under Korea's immigration law. Even after criminal proceedings end, a separate immigration offense review (사범심사) may determine your residency status.
How Drug Offenses Affect Your Visa Status
Article 11(1) of the Immigration Act lists drug law violations as grounds for denial of entry. For foreign nationals already residing in Korea who receive a drug-related conviction, the Immigration and Foreign Policy Headquarters conducts an offense review to determine whether forced departure or a departure recommendation will be issued.
- First offense · trace amount · suspended sentence: Departure recommendation + re-entry ban 6 months–2 years possible
- Use · manufacture · trafficking: High likelihood of forced departure + re-entry ban (5 years–permanent)
- Repeat offense during stay: Forced departure in nearly all cases
- Drug conviction exposed during visa renewal/change: High likelihood of denial
The Offense Review Process
After a criminal disposition (deferred prosecution, fine, suspended sentence, or imprisonment), an immigration offense review may be initiated.
- Police/prosecutor investigation concluded → Notification to immigration authorities
- Notice or summons from Immigration Office
- Officer interview (circumstances, recidivism risk, local ties)
- Decision: ① Continue stay ② Departure recommendation ③ Forced departure
How Sunshine Can Help
Immediate legal response is critical. Our office provides:
- Representation at the offense review interview and submission of written opinions
- Preparation of mitigating documents (voluntary treatment history, family ties, community contributions)
- Negotiation for shorter re-entry ban periods if departure is recommended
- Strategy for disclosing past convictions during visa renewal/change