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.
Other Legal Services
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.
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.
Visa Refusal 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 filed by a permanent resident or conditional resident who intends to stay outside the United States for more than one year. A permanent resident who leaves the United States for an extended period or cannot show an intent to reside permanently in the United States may lose permanent resident status. Therefore, if you plan to be outside the United States for more than 12 months, you should obtain a reentry permit before departing. A reentry permit requires Form I-131, Application for a Travel Document, and USCIS review generally takes about two to three months. It is usually issued for two years and may be issued for up to five years.
Important Notes
Even after receiving a reentry permit, it is important to maintain evidence showing that you intend to permanently reside in the United States. Such evidence may include maintaining U.S. bank accounts, a home, or real estate in your name.
If you stay abroad for more than one year, you generally must reside in the United States again for five years before applying for citizenship. To preserve residence for naturalization purposes during a long stay in Korea, you may apply to preserve residence, but you must still be physically present in the United States for two years and six months out of the five-year period to maintain citizenship eligibility.
Requirements for Issuance of a Reentry Permit
- When you must work at a Korean or overseas branch of a U.S. company
- When you have a good job in Korea or overseas
- When you must resolve legal issues arising in Korea
- When you must complete studies in Korea or overseas
- When you must stay with a spouse who is working in Korea or overseas
- When a parent residing in Korea or overseas is ill
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.
Abandonment of U.S. Permanent Residence
Abandonment of U.S. Permanent Residence
- Complete USCIS Form I-407.
How to Complete Form I-407Form I-407 should be completed in English and Korean according to each field, and signed at the end.
* Form I-407 can be downloaded from http://www.uscis.gov/i-407.
- Mail the completed Form I-407 and the original permanent resident card, or green card, to the Eastern Forms Center in Vermont.
- Once you receive confirmation of abandonment of permanent residence from USCIS by mail, the abandonment process is complete. After abandoning permanent residence, travel to the United States may be possible through ESTA or a visitor visa. Because you previously held permanent resident status, you should carry the confirmation of abandonment when entering the United States in case any issue arises at entry.