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Visa Refusal

About Visa Refusal

Authority over U.S. visa issuance rests entirely with consular officers at the U.S. Embassy. Although there is no formal appeal process for a consular officer's final decision to refuse a visa, applicants may reapply. Because consular officers base visa decisions on the Immigration and Nationality Act, a visa may be issued again if the refusal grounds are carefully analyzed and the reapplication presents persuasive, well-supported evidence under U.S. immigration law.

Visa refusals are based on Section 221(g), 214(b), 212(a), and other grounds under the Immigration and Nationality Act.

Ground for Refusal
Eligibility
Section 221(g)

When important documents were not prepared at the interview, or when additional action is required by the Embassy or another U.S. government agency.

If a visa is refused under Section 221(g), the applicant receives a green notice requesting additional documents and explaining the reapplication procedure. The reapplication should be prepared based on that notice.

Section 214(b)

When the applicant is considered to have immigrant intent, or is found not to have sufficient social, family, or economic ties to establish that the purpose of travel to the United States will be fulfilled.

If a visa is refused under Section 214(b), the applicant receives an orange refusal notice. Reapplication should be made only when the applicant's circumstances have changed or when sufficient factual evidence can rebut the officer's concerns.

Section 212(a)

When the applicant is inadmissible to the United States because of a criminal or specific record. * Failure to disclose prior arrests or convictions may permanently affect visa eligibility.

If a visa is refused under Section 212(a), the applicant must apply for and obtain a waiver before reapplying.

Other Grounds

Cases involving prior immigration violations, an inappropriate visa category, insufficient English ability, or similar issues.

If a visa is refused for special reasons, the applicant generally receives an orange refusal notice. Reapplication should be considered when a waiver is approved or when sufficient evidence exists to rebut the officer's concerns.

Visa Reapplication

Many people who unexpectedly receive a U.S. visa refusal become anxious and ask unverified immigration consulting companies or study-abroad agencies to handle the reapplication. Such providers often claim that the officer was unusually difficult, that similar cases were approved, or that they have an unverifiable high success rate. Some even recommend document falsification to obtain a visa. Reapplying through such providers can make visa issuance more difficult and, in serious cases, may lead to permanent visa ineligibility, so applicants should exercise great caution.

Visa Reapplication Checklist

1. Confirm the exact refusal ground

When refusing a visa, a U.S. consular officer is generally expected to explain the refusal ground and how it may be overcome. Applicants should first identify the exact reason for refusal by reviewing the interview conversation, the issues questioned by the officer, and the refusal notice.

2. Collect rebuttal documents / prepare explanations

Applicants should review whether they can collect additional rebuttal documents necessary for visa issuance, and whether they can adequately explain any answers that were incomplete during the previous interview or any issues the officer may have misunderstood.

3. Review immigration law

If there may have been an issue or error in the officer's application of the relevant law or regulation, applicants should review whether they can respond with appropriate legal grounds.

For visa reapplications, DaeYang Immigration Law Corporation has experienced U.S. attorneys consult directly with clients, accurately analyze the refusal grounds, develop proper rebuttal strategies under immigration law, and resolve numerous visa refusal cases.

Visa Refusal FAQ

Q.

Is there a waiting period before reapplying after a visa refusal?

No. You may reapply at any time without a waiting period, and there is no limit on the number of reapplications.

Q.

After a visa refusal, do I need to submit another DS-160 and pay the fee again when reapplying?

If the refusal was under Section 221(g), you can avoid paying the visa fee again by reapplying within one year. In other cases, the DS-160 and fee must be completed again just like the initial application.

Q.

What is the difference between the green sheet and orange sheet received after a refusal?

The green sheet is generally a request for additional documents rather than a final refusal. If the case is refused, an orange sheet is issued.

Q.

Does a visa refusal record remain?

Yes. The record remains and is checked through fingerprints.

Q.

Can I apply for ESTA after a visitor visa refusal?

Yes. The longer it has been since the visa refusal, the higher the chance of ESTA approval may be.

Q.

What should I consider when choosing an agency?

You should check whether qualified professionals such as U.S. attorneys are involved, whether the company is trustworthy, whether refusal grounds are analyzed comprehensively, whether the rebuttal strategy is sound, whether the provider has deep immigration law knowledge, and whether it has handled many similar cases.

Waiver

About Waivers

If a person has been removed from the United States, denied entry, or refused a visa based on immigration law or certain legal violations, the person must generally complete a waiver process with immigration authorities before applying for a visa. This forgiveness process is called a waiver. In other words, a waiver is a system through which an applicant asks for forgiveness by showing that the ground for entry denial or visa refusal has been resolved, or by persuading immigration authorities of a specific purpose for entry even though the ground still exists.

Who Needs a Waiver

A waiver may be required for the following applicants.

  • 1. A person who was placed in removal proceedings in the United States and ordered removed, excluding voluntary departure orders
  • 2. A person who left the United States without permission while removal proceedings were pending
  • 3. A person whose visa was cancelled by an immigration officer at an airport or seaport and who was denied entry
  • 4. A person who accrued more than 180 days of unlawful presence in the United States
  • 5. A person with a criminal record
  • 6. A person who made false statements or submitted false documents to USCIS or an embassy

The immigration law grounds for waiver-related conduct are found in Sections 212 and 222 of the Immigration and Nationality Act. Major waiver grounds are listed below.

Ground
INA Section
Details
Health-related grounds
212(a)(1)(A)(i)
212(a)(1)(A)(ii)
212(a)(1)(A)(iii)
212(a)(1)(A)(iv)
Communicable disease
Failure to receive required vaccinations
Physical or mental disorder
Drug abuse or addiction
Criminal grounds
212(a)(2)(A)(i)(I)
212(a)(2)(A)(i)(II)
212(a)(2)(B)
212(a)(2)(C)
212(a)(2)(D)
212(a)(2)(E)
Crime involving moral turpitude
Controlled substance violation
Two or more criminal convictions
Controlled substance trafficker
Prostitution or procurement of prostitution
Foreign national involved in serious criminal activity
Security-related grounds
212(a)(3)(A)(i)
212(a)(3)(A)(ii)
212(a)(3)(A)(iii)
212(a)(3)(B)
212(a)(3)(C)
212(a)(3)(D)
212(a)(3)(E)(ii)
212(a)(3)(E)(iii)
Espionage, sabotage, or technology-transfer related crimes
Other unlawful activities
Overthrow of the U.S. government
Terrorist activity
Adverse foreign policy activity
Communist or totalitarian party membership
Participation in genocide
Participation in persecution or extrajudicial killing
Public charge
212(a)(4)
Likely to become a public charge
Labor-related grounds
212(a)(5)(A)
212(a)(5)(B)
212(a)(5)(C)
Unauthorized worker
Unqualified physician
Uncertified healthcare worker
Ineligible persons
212(a)(6)(A)
212(a)(6)(B)
212(a)(6)(C)
212(a)(6)(D)
212(a)(6)(E)
212(a)(6)(F)
212(a)(6)(G)
Entry without inspection
Failure to attend removal proceedings
Misrepresentation
Stowaway
Smuggler
Immigration law violator
Student visa abuser
Removal / unlawful presence
212(a)(9)(A)
212(a)(9)(B)
212(a)(9)(C)
Ordered removed
Unlawful presence
Unlawful presence after immigration violation
Other grounds
212(a)(10)(A)
212(a)(10)(B)
212(a)(10)(C)
212(a)(10)(D)
Practicing polygamy
Unable to enter without a guardian's assistance
International child abductor
Unlawful voter

Waiver Application

Many people who are denied entry or unexpectedly refused a U.S. visa become anxious and ask unverified immigration consulting companies or study-abroad agencies to handle a waiver application. Such providers often claim that the officer was difficult, that similar cases received waiver approval, or that a waiver application will always be approved. They may also promote unverifiable success rates and even recommend false statements or document falsification. Using such providers may not only fail to obtain approval but can also lead to permanent visa ineligibility, so applicants should be extremely cautious.

Waiver procedures and required documents differ depending on the visa being requested, either immigrant or nonimmigrant. Waiver decisions usually take about six months for immigrant visas and about three months for nonimmigrant visas. The table below summarizes the differences between immigrant and nonimmigrant visa waiver applications.

Category
Immigrant Visa Waiver
Nonimmigrant Visa Waiver
When to apply

After an immigrant visa application has been refused

May be applied for together with a nonimmigrant visa

Filing location

Phoenix Lockbox in the United States

U.S. Embassy in Korea

Required documents
  • Statement from the applicant or another person explaining the basis for the waiver request
  • Police records
  • Court records if there is a criminal record
  • Evidence of rehabilitation
  • Evidence that the applicant's admission would not harm the welfare or safety of the United States
  • Medical records
  • Evidence of extreme hardship when the applicant is an immediate family member of a U.S. citizen or permanent resident, or the fiance of a U.S. citizen
  • Recommendation letters from people who know the applicant's character and reputation
  • Employer letter stating position and period of employment
  • Police clearance certificate
  • Applicant's personal statement addressing the following three points: a) Whether the applicant's entry would harm U.S. society b) The seriousness of the applicant's past violation c) The legitimacy of the reason or purpose for entering the United States
  • Personal statement

Waiver Application Checklist

1) Confirm the exact refusal ground

The exact reasons for visa refusal, entry denial, or removal should be confirmed through factual factors, and a legal review should first determine whether those reasons qualify for a waiver.

2) Review waiver eligibility

Prepare statements, recommendation letters, police records, court records, and supporting evidence based on immigration law.

3) Prepare required documents

Prepare statements, recommendation letters, police records, court records, and supporting evidence based on immigration law.

When applying for a waiver, DaeYang Immigration Law Corporation has experienced U.S. attorneys consult directly with clients, accurately analyze the case, determine whether the client's case qualifies for a waiver, collect evidence based on relevant law, prepare a cover letter, and file the waiver petition.

Waiver FAQ

Q.

If I fall under a ground of inadmissibility, must I always apply for a waiver?

Some grounds related to national security and serious criminal conduct cannot be waived at all.

Q.

I have two DUI records. Am I eligible for a waiver?

DUI records are generally not waiver grounds by themselves. However, if a consular officer believes the DUI history indicates habitual or dangerous behavior, the officer may request a psychiatric evaluation from a hospital.

Q.

I was diagnosed with cancer. Is that a ground of inadmissibility?

A person undergoing cancer treatment can still pass the medical exam. Because cancer is not a communicable disease, it is not a ground of inadmissibility, similar to heart disease patients and AIDS patients in that respect.

Q.

What is the chance of success for a waiver application?

Obtaining waiver approval from immigration authorities is not easy. Approval is especially uncommon for nonimmigrant visas, so accurate and persuasive documentation based on immigration law is essential.

Q.

How is extreme hardship proven in immigrant visa cases?

Immigration law recognizes extreme hardship broadly, including health issues, financial issues, education, personal circumstances, culture, language, religion, and ethical considerations.

Q.

What should I consider when choosing an agency?

You should check whether qualified professionals such as U.S. attorneys are involved, whether the company is trustworthy, whether it has deep immigration law knowledge about waivers, and whether it has handled many similar cases.

Reentry Permit

About Reentry Permits

A reentry permit is a travel document that a U.S. permanent resident or conditional permanent resident applies for when they need to stay outside the United States for an extended period.

Because a U.S. permanent resident must maintain the United States as their primary residence, an extended stay abroad may be treated as abandonment of permanent residence. If you plan to stay outside the United States for one year or more, you should consider applying for a reentry permit on Form I-131 before departing.

An applicant must be physically present in the United States when Form I-131 is filed. You may depart the United States after filing, but biometrics such as fingerprints and a photograph may be required, so confirm the related steps along with your departure schedule.

A reentry permit is generally valid for up to two years from the date of issuance. Depending on the applicant's prior time abroad and how permanent residence has been maintained, it may be issued for one year or a shorter period.

With a valid reentry permit, you may seek entry to the United States during its validity period without obtaining a separate Returning Resident Visa. However, a reentry permit does not automatically guarantee maintenance of permanent residence or admission to the United States; admission is determined at inspection upon entry.

Important Notes

Even with a reentry permit, it is important to maintain ties showing that the United States is your permanent residence.

At inspection upon entry, officers may consider not only the length and purpose of your stay abroad but also your U.S. residence, family ties, employment or business, bank accounts, driver's license, insurance, assets, and whether you file taxes as a U.S. resident.

If you close out your entire life in the United States simply because you hold a reentry permit, or continue to live mostly abroad, maintaining permanent residence may become a problem.

A reentry permit is not a substitute for a passport, so you must also carry a valid passport for travel to and from the United States.

Holding a reentry permit does not automatically preserve the continuous residence and physical presence required for U.S. citizenship. In general, a stay abroad exceeding six months may affect the continuous residence requirement, and a stay abroad of one year or more may be treated as breaking continuous residence.

If your work abroad is for a qualifying U.S. company or U.S. government agency, you may separately consider applying to preserve residence for naturalization purposes on Form N-470.

Requirements for Issuance of a Reentry Permit

Permanent residents who must stay outside the United States for an extended period for the following reasons may consider applying for a reentry permit.

  • When you must work at a Korean or overseas branch of a U.S. company
  • When you must work abroad or in Korea for a certain period
  • When you must continue your studies in Korea or overseas
  • When you must stay with a spouse who works or resides abroad
  • When you must care for family members residing in Korea or overseas
  • When you must stay abroad long term for medical treatment, inheritance, litigation, or business reasons
  • When you must wind up employment, business, property, or family matters in Korea after obtaining permanent residence

These are representative reasons for applying for a reentry permit; you are not required to fall within a specific category to apply. You should apply after reviewing the purpose and length of your stay abroad, your ties in the United States, and your plans to return.

FAQ on Reentry Permits

Q.

Do I have to stay abroad for at least one year to apply for a reentry permit?

A stay of one year or more is not strictly required to apply. However, if you plan to stay outside the United States for one year or more, it is advisable to consider applying before you depart.

Q.

Can I apply for a reentry permit from Korea?

No. You must be physically present in the United States when Form I-131 is filed. If you have already departed the United States, you cannot file a new application from Korea or another country.

Q.

May I leave the United States immediately after filing the application?

You may depart once USCIS has received the application. However, biometrics may be required, so departing without completing those steps may delay the application or cause problems.

Q.

How long is a reentry permit valid?

It is generally valid for up to two years from the date of issuance. Depending on prior time spent abroad and the applicant's circumstances, it may be issued for one year or a shorter period.

Q.

Can a reentry permit be extended?

There is no procedure to extend the validity of an existing reentry permit. If you need a new one, you must file Form I-131 again while in the United States.

Q.

Does a reentry permit guarantee that I keep my permanent residence?

No. A reentry permit helps reduce the risk of being treated as having abandoned permanent residence solely because of an extended stay abroad, but it does not guarantee maintenance of permanent residence or admission to the United States.

Abandonment of U.S. Permanent Residence

Abandonment of U.S. Permanent Residence

If you no longer intend to reside permanently in the United States, or personal circumstances mean you no longer wish to maintain permanent resident status, you may voluntarily abandon U.S. permanent residence by filing Form I-407.

The full title of Form I-407 is the Record of Abandonment of Lawful Permanent Resident Status. Once USCIS processes the form, U.S. immigration records reflect that you are no longer a lawful permanent resident.

Abandoning permanent residence is a significant decision that can affect future entry to the United States, any new application for permanent residence, family immigration processes, and U.S. tax filing. You should therefore confirm the immigration and tax consequences of abandonment before proceeding.

Permanent resident status does not automatically end on a specific date simply because the permanent resident card has expired or because you have not entered the United States for a long time. Permanent resident status ends only through voluntary abandonment or a lawful process such as a final order from an immigration judge.

How to Complete Form I-407

Form I-407 must be completed on the most recent version of the form issued by USCIS. Enter the applicant's name, date of birth, alien registration number, date of departure from the United States, address abroad, and the reason for abandoning permanent residence truthfully, then sign the form.

The completed Form I-407 is generally mailed, together with the original permanent resident card, to the filing address designated by USCIS. If the card has been lost or is not in your possession, that fact must be stated accurately on the form. Always confirm the current form version and filing address on the official USCIS website immediately before submitting.

After abandoning permanent residence, you may no longer enter the United States as a permanent resident. Korean passport holders who meet the requirements may apply for ESTA or obtain a visa appropriate to the purpose of travel. Abandoning permanent residence does not, however, mean that ESTA or a visa will be automatically approved.

After abandonment, it is advisable to retain a copy of the signed Form I-407, a copy of the permanent resident card, proof of mailing and delivery, and any related USCIS notices for an extended period.

In addition, long-term permanent residents who held U.S. permanent resident status in at least 8 of the most recent 15 tax years may need to consider filing Form 8854 and whether the expatriation tax applies. It is therefore important to have a U.S. tax professional review your situation before filing Form I-407.

FAQ on Abandonment of U.S. Permanent Residence

Q.

How do I abandon U.S. permanent residence?

Complete Form I-407 and submit it, together with the original permanent resident card and any other required documents, to the filing address designated by USCIS. Confirm the current form version and filing address on the official USCIS website before submitting.

Q.

If my permanent resident card expires, does my permanent residence end automatically?

No. Expiration of the permanent resident card and termination of permanent resident status are different matters. Status does not end automatically simply because the card has expired.

Q.

If I am asked to sign Form I-407 at the airport, must I sign it?

No. Form I-407 is a document for voluntarily abandoning permanent residence. If you do not intend to abandon your status, you may decline to sign and request a determination by an immigration judge.

Q.

After abandoning permanent residence, can I visit the United States on ESTA or a visitor visa?

If you meet the requirements, you may apply for ESTA or obtain a visitor visa and seek entry to the United States. However, prior abandonment of permanent residence does not mean ESTA or a visa will be automatically approved.

Q.

After abandoning permanent residence, can I obtain U.S. permanent residence again?

You may apply again if you have a new basis for immigration. The previous permanent residence is not restored, so you would need to start the process from the beginning under a new category such as family sponsorship, employment-based, or investment immigration.

Q.

If I abandon permanent residence, does my U.S. tax filing obligation end immediately?

Not necessarily. A separate U.S. tax filing may be required for the year of abandonment, and long-term permanent residents may need to consider Form 8854 and whether the expatriation tax applies.

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