SoganSuperdir wrote:
> On 15 Eyl$(D??(Bl, 00:55, CL <flot...@yahoo.com> wrote:
>> SoganSuperdir wrote:
>>> Hello People,
>>> Could anyone recommend me a really really good immigration lawyer
>>> (preferably one that will not cost me an arm and a leg)? I'm not
>>> talking about the kind that simply prepares the paperwork for
>>> residential permit or reentry permit. I will need someone who will be
>>> able to help me resolve a divorce conflict (read it visa conflict) -
>>> due to an ihou divorce by byjw who unlawfully used my inkan...
>>> I have two Japanese national children whom I haven't seen for years.
>>> And I'd also like to know if this entitles me to any type of
>>> residential permit to stay in Japan.
>>> Also, does anyone have any similar experience? What are my options?
>>> How much should I expect to lawyer? What is the usual form of
>>> settlement for this type of legal/attorney fees in japan (i.e. when to
>>> pay what percentage etc...)
>>> Thanks in advance,
>>> Haluk
>> Not enough information.
>>
>> First, you do not need an immigration lawyer, you need a pit bull.  One
>> who stops at nothing to get things fixed.  Immigration lawyers are
>> usually shihoshoshi (solicitors); you need a bengoshi (barrister).  Are
>> you sending this message from inside Japan?  What is your nationality?
>> How good is your Japanese?  Do you need someone who speaks English?  Do
>> you need someone who, besides being a bengoshi is also licensed in a
>> third country and, if so, which one?
>>
>> Answer the questions and I will post a name and contact number.
>>
>> There is a Kansai Bengoshi / Gaiben Group of which I am a member.  I am
>> not a lawyer, I provide investigative services for corporate crime and
>> gang-related offense cases plus we find lost people, especially people
>> who have jumped bail in a foreign country (Japanese Embassies never
>> bother to ask if the reason you don't have your passport is that, maybe,
>> it was confiscated by a judge, so they give you a new one and fly you
>> back to Wa).  We DO NOT LIKE child abduction cases, divorce cases, and
>> other domestic stuff.  Too many chances to get hurt, get arrested, and
>> never get paid.
>>
>> So, yeah, I know a few people who can help and, if they don't fit your
>> needs, they know a few more.  There are "recommended fees" and there are
>> alternative methods of payment.  In Kansai, if you miss a payment, the
>> services usually stop dead.
>>
>> As for your divorce related problem, you'll probably get more
>> satisfaction pissing into a floor fan and hoping to be covered in wine.
>>   The divorce business in Japan is dirty and usually shows just how low
>> people will go to get what they want.  And, if the people who want are
>> Japanese, they almost always get it and the courts support them.  The
>> "unlawful use of inkan" story is almost never accepted as a reason by
>> any Japanese court ... at least, I've never hear of any judge accepting
>> it.
>>
>> But, this isn't the place to discuss all of that ...
>>
>> --
>> CL- Al$(D??(Bnt$(D??(By$(D??(B gizle -
>>
>> - Al$(D??(Bnt$(D??(By$(D??(B g$(D??(Bster -
> 
> Hello CL,
> 
> Thank you for taking time to post such a detailed message. I really
> appreciate your time and effort. I answered your questions in the
> following:
> 
> * Are you sending this message from inside Japan?
> No, I am in Turkey now but I am flying to Osaka this weekend.

Good luck on your entry.  I have made contacts with the attorney who I 
think is best able to help you.  He is a Japanese bengoshi also licensed 
to practice in New York.  His English is excellent and he rarely loses a 
civil case ... except he is traveling this week and has not called me 
back, yet.

> * What is your nationality?
> I am a Turkish national.

That information isn't really pertinent except that many Japanese judges 
will assume any country they don't read about in every morning paper 
must have a legal system that isn't as good as Japan's and therefore 
they must take action.

> * How good is your Japanese?
> I think I'll manage quite well -at least with a law dictionary I
> will.
> 
> * Do you need someone who speaks English?
> Not necessarily. I can understand the most part and I might even have
> bilingual friends to interprete for me.

If you speak English as well as you write, you should have no trouble 
with a bilingual bengoshi.

> * Do you need someone who, besides being a bengoshi is also licensed
> in a third country and, if so, which one?
> I'm not sure how that would help... I guess no. But I don't know
> really.

A lawyer trained to practice in your home country can _sometimes_ demand 
that your rights as a husband in that venue were violated ... and you 
also have the right to sue for divorce in your home country to gain 
better divorce conditions.

> Also, could you please clarify what you meant by "Too many chances to
> GET HURT, GET ARRESTED, and never get paid". I lost contact with ex-
> wife and my children last year. I'm planning to ask around for them.
> Am I better not? (I don't think I'll get in trouble, but I don't want
> to screw things up or scare people or even upset them prematurely...)
> 
> Just to clarify, my intention is not to claim or prove that the rikon
> was ihou or that inkan was in deed used without my authorization -
> unless claiming/proving such fact would be useful for obtaining
> residential permit. I need to be able to live near my children and
> spend a day with them once a week...

Getting your divorce reversed and getting access to your children are 
two very different things in Japan.  The law is very clear on what 
constitutes a valid divorce, but Japan does not guarantee parental 
rights.  The lawyers with whom I spoke say there has been a sea change 
in Japanese courts in recent years due to reversals of divorce decrees 
by district and district high courts that are later upheld at higher 
levels, if pursued.  Most thought that there is a good chance that you 
could get a reversal on the basis of forged documents by your wife and 
false claims.  If you did not agree to the divorce, then the divorce 
decree is nullified.

> Once again thank you for your time,
> Haluk

Not there, yet.

-- 
CL