Oct 20 (News about Japan) – The Japanese passport is one of the strongest in the world, ranking only second after Singapore.
Despite this, many do not entertain the idea of traveling abroad for any reason, including education.
The few who ever consider traveling abroad, especially for the sake of education, are sure to be greeted with countless culture shocks and what every international student fears most: arrest!
What is a student visa?
To study abroad, a foreign student usually needs a student visa. A student visa is an immigration document issued to students by a country to allow international students to study within their borders for a specified period of time.
The specific requirements and procedures for obtaining a student visa vary depending on the country.
It comes with certain restrictions that holders are not expected to violate. It does not necessarily grant foreign students the same rights and privileges as citizens. For example, you may not be able to participate in your host country’s election if you are in the country on a student visa.
Japanese students are increasingly returning to study abroad. According to a survey by the Japan Student Services Organization (JASSO), 58,162 Japanese students were studying abroad in 2022. This represents an increase of more than 400 percent compared to 2021 statistics.
Most of these students study in the United States (11,880), followed distantly by Canada (6,735) and thirdly Australia (6,187).
Although student visas are primarily intended for academic purposes, they do not provide immunity from arrest for violating the law.
This does not necessarily have to be the case if you commit a crime. Individuals on student visas may be arrested for violating immigration laws or failing to comply with visa requirements.
It is not uncommon for international students to be arrested for minor offenses such as drunk driving or drug possession.
However, this can be devastating since you are far from home. If you are arrested while on a student visa, it is crucial to remain calm and follow the legal procedures.
In America, you have to pay bail (a fine that acts as a bond to ensure that you appear on your court date). Bails can vary greatly; for first-time DUI offenders, this can be as little as $1,000.
“Something worse, like getting into a fight in a bar and ending up with someone injured, could cost more than $10,000. If you don’t have that amount in cash (who does when traveling), a bail bondsman will only cover that amount for 10% of the offending party. It is similar to a temporary loan until you appear for your court hearing,” says Florida’s fianzas.coma bail bond service.
It is critical to know that being arrested is different from being convicted of a crime. However, if an arrest is made, there is a good chance that charges will be filed against you.
Only a court can convict someone who has been arrested. Meanwhile, if the charges against you are dropped, it is impossible to be convicted of it.
Understand your rights
Avoid making incriminating statements during your arrest. The laws of most countries allow you to remain silent and request a lawyer.
For example, if you are arrested for driving under the influence in the United States, you do not have to answer the police’s questions about how much alcohol you have consumed or where you have been. As a non-native English speaker, the legal jargon and context of the officer’s questions can be confusing. Your answers can be manipulated and used against you in a court of law.
Please contact the nearest embassy
As an international student, studying abroad can be lonely. Getting arrested can be even worse. Request that the nearest embassy be notified of your arrest. Some countries will inform the embassy regardless of your wishes.
The embassy can help you inform your family of your predicament and also provide assistance to the extent permitted by law, especially by ensuring that you are treated fairly in court.
The embassy can also provide you with a brochure with the legal rules and procedures that apply in the country where you have been arrested.
Get a lawyer
As an individual on a student visa, you will need two lawyers if you are arrested: an immigration lawyer and a criminal lawyer.
An immigration attorney will help you parse the situation to assess the potential impact on your visa status. Some crimes can result in the revocation of your student visa, and thus your deportation.
A criminal defense attorney will ensure that you are not convicted by proving your innocence or giving you a lesser punishment for your crime.
Notify your school
Notify your designated school official of the arrest. Like the embassy, they can provide support and guidance in navigating the situation.
Don’t try to hide the arrest from the school, for example if it happened off campus. It could result in you being punished twice for the same crime.
As with crimes committed on campus, you may be asked to appear before a disciplinary committee. Even if you do not report your arrest to the school, law enforcement may still do so.
This is necessary if the suspect could pose a significant risk to other students. For example, a university could be sued for allowing a student accused of sexually assaulting another student to remain on campus. Typically, the school will suspend the suspect until a court judgment is issued, after which the school will decide how to punish the student, for example by expelling him from school.
