Hello. I am Attorney Kim Yae-jin.

I present a case where a foreigner who had been illegally staying in Korea for an extended period gave birth to a child with Korean nationality through a relationship with a Korean national, thereby obtaining F-1 (Visitor/Resident) status.

Ms. A originally stayed in Korea on an employment visa but later became an illegal overstayer. During this period, she gave birth to a child with a Korean national. Since the child was born out of wedlock, the Korean national acknowledged paternity and registered the child's Korean nationality. To resolve Ms. A's illegal stay status, she needed to be designated as the child's sole legal guardian and custodian. Therefore, Ms. A sought assistance from Attorney Kim Yae-jin.

Attorney Kim Yae-jin represented Ms. A in family court to secure her designation as the child's sole legal guardian and custodian. With the child's father's consent, the matter was swiftly resolved through mediation.

Ms. A then visited the immigration office with the court judgment. However, she was informed that because her illegal stay exceeded seven years, she would have to pay the maximum administrative fine under the Immigration Act: 30 million won. With the help of her Korean father, Ms. A managed to secure and pay the fine. After considerable deliberation, the immigration office granted her permission to change her status to a Visiting Relatives (F-1) visa.

If you need assistance with a similar situation, please contact us.

​

Contact Us

Yae-jin Kim, esq.

Phone: 031-217-8579 (Kakao Talk: k.visa)

Email: questions@kvisa.co.kr

Website: en.kvisa.co.kr