Background: Unfortunately, I posted here on Reddit about this situation before, but instead of me, this is on behalf of my younger siblings. Long story short my(19F) parents(41M and 40F) decided to overstay their visa in Japan. They came here through SOFA status(US government visa) and stayed the three years and got an extension for two years living here legally in total for five years. Apparently, when my parents couldnt get another extension on their visa, they went psycho. Thinking that their above the law and god is going to save them.
They overstayed their visa, the 60 day grace period and are currently still overstaying since February of this year. It's devastating because I have two younger brothers(17&15M)who live with them. Already they missed a year of school during this fiasco which is a problem in itself.
Now the main issue: My brother (17M) is turning 18 this year. And to add more complexity, he is also autistic and on the spectrum.
My parents are already at risk for facing legal penalties already because they did this. (They have to leave via deportation or departure order.) My brothers are not held liable only because they are currently underage. However, My parents have already expressed that, plainly, they don't give a shit about him turning 18 and refuse to leave or send him back to the United States.
Most of the details I had to pry out of them or talk to the immigration. But as soon as his birthday hits its looks like it's basically a guaranteed ban for him. They already went to immigration office in Yokohama and signed the overstaying contract for him. My extended family want to take my brothers back however, it seems like my parents still have parental rights over them in Japan. I'm already in the process of trying to find an immigration lawyer for this situation. And if it comes down to it. I'll probably have to rat them out to police to save my brothers. Any tips or help would be amazing in this situation.
by Green_Maintenance_70
6 comments
Sucks, the fact that your parents is willing to sacrifice a year of education of their own child just because they are cry baby, is even more sucks. Hope your life gets better
Get a lawyer and don’t break the law to protect anyone. I wonder why they would think of any illegal aliens doing the same back in their own country.
Take your brother and run away. That could be an option and once you escape their grasp back to the U.S., they can’t do anything without going back themselves
Call immigrations.
Sounds like you’re stuck between a rock and a hard place, considering that they’re your parents.
Why can’t you confront your parents about this? Alternatively, maybe express your feelings to an appropriate relative.
In terms of the law:
>(Right to Refuse to Testify)
>Article 196
>If a witness’s testimony relates to a matter for which the witness, personally, or a person related to the witness in any of the following ways, would likely be subject to criminal prosecution or conviction, the witness may refuse to testify. The same applies if a witness’s testimony relates to a matter that would harm the reputation of such persons:
>(i) a person who is or was the witness’s spouse, relative within the fourth degree of consanguinity, or relative within the third degree of affinity;
>(ii) the witness’s guardian or a person under the guardianship of the witness.
— [Source](https://www.japaneselawtranslation.go.jp/en/laws/view/2834/en)
Having said that, I’m not a lawyer, and I imagine that this would mostly, if not completely, fall under civil, rather than criminal, law.
Edit: Something wasn’t sitting right with me about that law quote, as I was sure that I read something different elsewhere. In fact, the above is the ‘Code of Civil Procedure’. What I had read before is the ‘Code of Criminal Procedure’ (see [here](https://www.japaneselawtranslation.go.jp/en/laws/view/2056/en)), and the relevant articles, there, are No. 147 and No. 148.
The limitations of article 196 are discussed, in brief, [here](https://www.mc-law.jp/kigyohomu/26662/).
Ultimately, however, I don’t think that article 196 can be used to justify a non-disclosure, by your brother, of his circumstances, once he becomes legally responsible for his immigration status.
Out of curiosity, what is your status in Japan in all this?
The longer this situation goes on, the worse it will be for everyone when shit does eventually hit the fan. I dunno your parents work situation (I guess working on a US base?) but your brothers will likely have trouble getting any job in Japan without a valid status.