This is an old article, here’s the follow up: https://www.nbcnews.com/news/asian-america/visa-reinstated-byu-student-japan-fishing-citation-speeding-tickets-rcna202216
TLDR; he got is visa back and is still in the US.
To preface this comment, I in no way support this action and think he should stay. It’s important to also know that Japan is very restrictive with their visas. I knew someone who lived and worked in Japan for 7 years until she fell into depression and was hospitalized briefly. That mental health diagnosis was enough for the Japanese government to cancel her visa. She lost her job and had to leave her boyfriend of 4 years who she lived with.
I doubt they would have cancelled the visa. Immigration doesn’t have access to your medical records. It is more likely that they may not have renewed her working visa if she was currently unemployed. Unfortunate but you have to follow the rules of the visa.
I’m not sure how easy for Japan’s Immigration to have seen those medical records.
But from sources ( https://www.bn.emb-japan.go.jp/consular/criteria/_of/_visa/_issuance.htm and https://www.japaneselawtranslation.go.jp/en/laws/view/4235/en ) it seems like the following applies:
Article 5. Any alien who falls within any one of the following items shall be denied permission for landing in Japan :
(2) Any person who is mentally defective as prescribed by the Law Concerning Mental Health and Welfare For the Mental DisabledAnd from that law,
Article 5 The term “person with a mental disorder or disability” as used in this Act means an individual with schizophrenia, acute addiction to, or dependency on, a psychoactive substance, intellectual disability, psychopathy or any other form of psychiatric disorder
(Dealing with different English translations of the Japanese originals likely explains the slight discrepancies in wording here.)
Finally, Google’s AI overview confirms,
Depression, also known as major depressive disorder, is a psychiatric disorder characterized by persistent feelings of sadness, loss of interest, and a range of other symptoms that can significantly affect daily functioning. It’s a complex condition influenced by genetic, biological, environmental, and psychological factors.
Also, there’s a forum thread over at https://www.japan-guide.com/forum/quereadisplay.html?0%20174499 which states,
Their main concern is that you aren’t going to move to Japan and be hospitalised immediately (or drop dead).
But perhaps since a hospitalisation occurred in this case, that’s why it was treated so strictly.
There’s also https://www.japan-guide.com/forum/quereadisplay.html?0%20173504 which says,
If you work in Japan you’ll need to undergo a quite complete medical exam before starting your work (results are provided to your employer) and then do an other exam organized by your company or school on a yearly basis.
So while I’m still unsure about the exact mechanism of enforcement, it seems that Japan Immigration is supposed to know or be informed about these kinds of situations specifically because their laws require it to establish and maintain visa eligibility.
In other words, the tale that protist shared is at least plausible and I believe likely to be completely truthful.
“> Article 5. Any alien who falls within any one of the following items shall be denied permission for landing in Japan :
(2) Any person who is mentally defective as prescribed by the Law Concerning Mental Health and Welfare For the Mental Disabled”This is landing permission. This is you entering the country before the actual visa (residence card) is issued.
Was your friend currently employed when they lost their visa? Even if they were in hospital, if they were employed and on sick leave there is no way this story holds true.
Edit: if they lost their job, their employer is obligated to inform immigration within 10 days of this happening and if they do not find employment within three months, then they could be depleted
Was your friend currently employed when they lost their visa?
Not my friend. You’re confusing me with someone else.
While timing from the original comment isn’t clear, the phrasing of “That mental health diagnosis was enough for the Japanese government to cancel her visa” suggests that the visa getting cancelled came first (and loss of employment was due to no longer having a valid visa etc).
This is landing permission. This is you entering the country before the actual visa (residence card) is issued.
Ah, good point. So on the one hand it seems odd that it’d be a requirement to enter the country but not to stay, but on the other hand many rights are often won on technicalities like this one.
That being said… from https://www.japaneselawtranslation.go.jp/en/laws/view/1934/en#je_ch4sc1at9
Article 22-4(1) Where any of the following facts are found with respect to a foreign national residing in Japan under a status of residence listed in the left-hand column of Appended Table I or Appended Table II … the Minister of Justice may revoke the foreign national’s status of residence
(i) The foreign national has received, by deceit or other wrongful means, a seal of verification for landing … on the consideration that he/she does not fall under any of the items of Article 5, paragraph (1).With Article 5, paragraph (1) being the landing procedures already referenced in my earlier comment. (You can also see the Appended Tables I and II here, https://www.japaneselawtranslation.go.jp/en/laws/view/1934/en#je_apxt1 but these basically cover almost every visa imaginable status.)
Keep in mind that I don’t understand the exact meaning of “wrongful means” here and I’m certainly not an expert in Japanese law - so I’m just assuming that it means “obtained it incorrectly” aka there was an unintentional mistake or unintentional omission (in contrast to “deceit” which is defined as requiring intent).
Basically though, if I’m understanding correctly, this means that the law in Japan allows revoking the visa/status if it’s later determined that granting the status during landing should not have been done.
So it might have been enough if, after somehow learning about the hospital stay (perhaps the friend of the other commenter told immigration in case the “brief” stay ended up being more than three months - which from “brief”, it probably wasn’t, but perhaps the friend might have been trying to be helpful to immigration here and also forgot to double check with a lawyer first), that Japan Immigration determined that the depression was a condition that existed before the landing happened and thus should have been reported (even if the friend didn’t know about it beforehand). One can imagine an even harsher scenario - where the friend was falsely accused of knowing about the depression before coming to Japan and deliberately hiding it (which would then qualify as “deceit”).
I’m guessing and speculating too much here. The original tale remains plausible to me, but to really understand it, it seems like more details would be necessary (which the original commenter might not even know, as it happened to a friend).
if they lost their job, their employer is obligated to inform immigration within 10 days of this happening
Not doubting you, but just curious, as I wasn’t able to find a source regarding this. In fact I found something else, https://www.japan-guide.com/forum/quereadisplay.html?0%2059619 , which suggests the opposite is true (that employers in Japan rarely inform immigration) - but that one is also 15 years old and might be significantly out of date.
and if they do not find employment within three months, then they could be depleted
“depleted” is an odd word here - I guess you mean having their visa/status cancelled or revoked?
I i did find other sources ( https://www.japan-guide.com/forum/quereadisplay.html?0%20132389 & https://www.japan-guide.com/forum/quereadisplay.html?0%20171354 & https://www.daijob.com/en/guide/expat-essentials/important-procedures-for-foreigners-living-in-japan-2-troubleshooting/ ) confirming this.
Everything is being centralized to the My Number (MyNa) system (national ID card, basically). Starting this year, insurance cards are no longer issued but the MyNa card is used. They plan to do driving licenses and the zairyuu card for foreigners as well. As an aside, foreigners’ cards expire with their residency which can be a paperwork nightmare for some things, especially with immigration having lately been very slow running over the SoR expiry.
Now, does consolidating that mean that they will have easier access or access at all? That I’m not sure of. I wonder indeed how the government would have known.
Yeah you can already get the drivers license integrated. They’re incentivising it by making the renewal fee higher if you want the actual license card. I’m not sure which I will choose next time I renew (or if it will even be an option then).
The one thing I like about the my number card is you can have your alias printed as a memo on the front. Basically, if you can prove you use a katakana name, you can have it added. Mine doesn’t include my middle names, which is very useful when needing ID for making a credit card etc.
That’s very sad. Even though speeding tickets and not having a fishing license can get you in serious trouble depending on the level you break them it’s wild that this can hurt your visa.
This reminds me of how PRs couldn’t return to Japan during COVID. US visa holders are in just a scary position.
I questioned why he would go to BYU then read this:
He is married with five children, two of whom were born in the States.
Yeah, game wardens can take your boat if you don’t have a license. It’s not often done, but don’t fuck with game wardens. It’s still poaching.
While I’m generally supposed to this administration’s policies, I have to say fuck this guy. He’s attending BYU, a white supremacist institution. Furthermore, he’s violated wildlife protection laws, one of the few things our government has done right, historically. Deadass, fuck this piece of shit
Edit: please don’t just downvote, leave a comment so I can block more white supremacist pieces of shit, thank you!
Where are you seeing that he violated wildlife laws? All that’s mentioned is a catch-and-release fishing violation that was dismissed - which can happen if the officer makes a mistake and it’s found that no laws or rules were actually broken.
Edit: Not that it matters, but would also like to point out the following: I’m a person of colour and a supporter of Black Lives Matters. Finally, I didn’t downvote you - though by all rights I probably should. Just remember - a person who is willing to call a black man a white supremacist has been been exposed here.
Sure, bud, focus on imaginary possibilities and not the biggest problem with this shitbag, the fact he’s attending BYU. BYU is an institution of racists, founded by racists, and in support of a racist religion. Fuck him and fuck you too
Sure, bud, focus on imaginary possibilities and not the biggest problem with this shitbag,
You said,
Furthermore, he’s violated wildlife protection laws, one of the few things our government has done right, historically.
So I think you ought to defend it.
Any further comments from you that ignore what you originally wrote shall be taken as an admission from you that you were wrong.
Edit: (12 minutes later) Saw your edit, so you’ve responded. I accept your admission that you were wrong.
the biggest problem…the fact he’s attending BYU.
Well, think for a second. Perhaps it’s because I … agree with you on that?
Although I agree with this other comment, https://mander.xyz/post/29684110/19010812 (the implication being he might have been desperate and not seeing any other way to stay in the US with his kids - it’s a complicated world out there).
