Skip to main content
contact us

Copyright SJKP LLP Law Firm all rights reserved

Criminal Immigration Lawyer NYC Resolves Passport Ban Without U.S. Departure



Criminal Immigration Lawyer NYC assisted an international student residing in New York who unexpectedly faced a passport issuance ban.


The issue arose not from U.S. immigration violations, but from unresolved military service allegations under Korean law discovered during a consular visit.


Through strategic legal analysis and remote representation, the matter was resolved without requiring the client to return to Korea or appear before prosecutors.

Contents


1. Criminal Immigration Lawyer NYC Client Background


Criminal Immigration Lawyer NYC was consulted by a Korean national studying in New York on a long-term student status.


The client had lived in the United States since childhood and had no current residential or professional ties to Korea.



Discovery of the Legal Issue


While visiting the Korean Consulate in New York to renew a passport, the client was informed that issuance was prohibited.


The consulate explained that the client had been reported for violation of Korea’s Military Service Act.


This designation automatically restricted passport renewal and overseas travel documentation.



Basis for the Allegation


Upon inquiry, the Military Manpower Administration confirmed that the client had failed to obtain overseas travel authorization by the statutory deadline.


Under Korean law, nationals residing abroad must apply for authorization or extension by January 15 of the year they turn eighteen.


Because this step had not been completed, the client was classified as evading military service and reported to prosecutors.



2. Criminal Immigration Lawyer NYC Legal Strategy


Criminal Immigration Lawyer NYC reviewed the case with a focus on jurisdiction, statutory interpretation, and limitation periods.


The client expressly wished to resolve the matter without entering Korea or undergoing criminal questioning.



Statutory and Legislative Analysis


Counsel analyzed the Military Service Act alongside its legislative amendments and enforcement history.


The review showed that the client’s circumstances did not align with cases typically subject to criminal punishment.


Even assuming potential liability, the statutory limitation period for prosecution had already expired.



Submission of Legal Authorities


The legal team prepared a detailed written submission to the competent prosecutor.


This included precedent decisions and interpretive guidance confirming that prosecution was either impermissible or time barred.


The submission emphasized that continued designation served no legal purpose.



3. Criminal Immigration Lawyer NYC Procedural Resolution


Criminal Immigration Lawyer NYC Procedural Resolution

 

Criminal Immigration Lawyer NYC pursued resolution entirely through documentary advocacy.


The client remained in New York throughout the process and was not summoned for questioning.



Lifting of Prosecution Suspension


Following a formal request to reopen and review the case, the assigned prosecutor accepted the defense position.


A determination of no prosecutorial authority was issued based on expiration of the limitation period.


The previous suspension status was lifted accordingly.



Passport Issuance Restored


Because the criminal designation was removed, the passport restriction was automatically lifted.


The client was able to complete passport renewal through the New York consulate.


No travel disruption or further administrative penalties followed.



4. Criminal Immigration Lawyer NYC Government Appeal Response


Criminal Immigration Lawyer NYC continued representation after the Military Manpower Administration challenged the decision.


The matter was elevated for supervisory review.



Dismissal of Administrative Appeal


The Seoul High Prosecutors’ Office reviewed the objection filed by the administrative authority.


After examining the legal reasoning, the appeal was dismissed.


The original determination of no prosecutorial authority was upheld.



Final Closure of the Matter


With the appeal denied, the case reached final resolution.


The client’s legal status remained clear, and no further action was required.


The passport was issued without restriction.

 



5. Criminal Immigration Lawyer NYC Practical Legal Takeaways


Criminal Immigration Lawyer NYC advises that overseas nationals may face unexpected legal consequences unrelated to U.S. law.


Military service issues, in particular, can surface during consular procedures.



Importance of Early Legal Review


Many individuals are unaware that administrative designations can trigger criminal reporting.


Early legal analysis can determine whether allegations are enforceable at all.


In some cases, issues can be resolved without physical presence.



Strategic Remote Representation


This case demonstrates that cross border criminal matters do not always require return travel.


Well prepared submissions grounded in statute and precedent can be decisive.


Proper strategy minimizes personal and immigration risk.



How SJKP Assists in Cross Border Criminal Matters


SJKP represents clients facing criminal or administrative exposure affecting immigration and travel status.


The firm coordinates legal strategy across jurisdictions while clients remain in the United States.


Through precise legal analysis and advocacy, SJKP works to resolve matters efficiently and discreetly.

 

If unresolved foreign criminal allegations are affecting your passport or immigration status, SJKP can evaluate your options under applicable law.


Early intervention may allow resolution without unnecessary travel or investigation.


For confidential guidance, request a consultation with a Criminal Immigration Lawyer NYC at SJKP.


19 Jan, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

Related practices


Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone