Article provided by Jingsh Law Firm Shenzhen Office
Ming is a Chinese American. He was born in America and came to Beijing at the age of 11 as a result of his father finding a job in China. Growing up like a Chinese kid, Ming is very familiar with Chinese culture and sees himself as more Chinese than American. He went to a Chinese school ,trained in boxing and attended a fitness competition. He lived a happy life in china and he wants to live here all his life .
However, something unexpected happened. Last August Ming was repatriated by Luohu Exit-Entry Border Control Station while crossing the border in Shenzhen. He reached out to me and I did my best to help him to apply for an administrative review.
However after long negotiations, his appeal was still rejected because Ming was four hours late to arrive in Shenzhen border and four hours late to leave the country.
According to PRC Article 62 of the National Exit-Entry Administration Law, if a foreigner breaches this rule they will be repatriated, and he or she will face a “No entry” for one to five years. The four hour late fact has proven his illegal residence and regrettably Ming cannot enter China for the next four years.
Ming is now in Thailand, as a result of being unable to enter China and does not have a permanent address in America, as such his families parentsonly option is to now visit him in Thailand.
What made his appeal non-negotiable is that this was the fifth time Ming had illegally stayed longer than he was allowed to stay. The first four times were only fines, and Ming thought this time would be the same.
As Ming’s Lawyer, I wanted to be open about his failed case, because it is more important to learn from the lesson. Here, I want to remind all foreign citizens in China to carefully calculate your stay in China. The time of entry and exit should be the stamp of entry and exit on the passport. Also, don’t ever expect to pay for your mistakes and expect to just get a fine because you got away with it in the past.
Ming is now in Thailand, as a result of being unable to enter China and does not have a permanent address in America, as such his parents only option is to now visit him in Thailand.
When I shared the case with friends working under other legal systems, they were fairly surprised and argued that the PRC may not be suitable to repatriate someone who does not have a stable place to live if they are deported. They used the term “unethical”and “inconsistent with international law’”.And then it was my turn to be surprised, because as lawyers we are the ones who should know best how China’s legal system. International practices are always a good benchmark, but assuming it would be the same for China without researching and consulting ahead can lead to consequences. Bear in mind, the stakes are high.
Ming gave me his new year greetings on 1st January, 2020 and told me he is applying at a university in Thailand. He says to me:”Lylian, I am making the most of my time here”. I am so happy for him and wish all the best for Ming in the future.
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