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U.S. immigration law assumes that beneficiaries of Immigrang Visas will
live permanently in the U.S.
Immigrants who depart the U.S. with the intention of returning and have
not abandoned that intention, but have stayed out of the U.S. for more
than twelve months due to circumstances beyond their control, require
a new IV to return to the U.S. to live. If you have lapsed immigrant status,
you may be eligible for status as a returning resident or you may seek
to be the beneficiary of a new immigrant visa petition.
The burden of proof to show evidence of continuing U.S. ties is on the
applicant. Any legal permanent resident who expects to remain out of the
U.S. for an extended period should obtain a re-entry permit from CIS
by filing Form I-131 by mail with the CIS while still physically present
in the U.S. as an immigrant. Instructions are available at the CIS website
here.
To apply for status as a returning resident alien, submit Form DS-117
to CONS/IV with all supporting documents Monday, Tuesday, Thursday or
Friday, 1 p.m. to 4 p.m. except American and Korean holidays. Please include
any BCIS documents or cards, along with evidence of your continuing U.S.
ties (eg. tax returns, financial documents, insurance papers, deeds, wills,
club memberships, etc.), your intent to return to an unrelinquished residence
in the United States, and evidence of the reasons beyond your control
for your protracted stay out of the United States. Please see DS-117 for
detailed instructions.
DS-117
(174k) is available for download. Acrobat
Reader is required to view this form on your computer. The
latest Acrobat software is available for a free download.
The fee for filing a Form DS-117 is $360. All fees are payable in cash
(dollars or Korean won), money order, or "Logoed"
credit/debit card (Visa, Master Card, American Express, and Novus/Discover)
. We are unable to accept personal checks.
If your application for returning resident status is approved, you will
be subsequently processed as all other IV applicants by receiving a detailed
list of the supporting documents called SEO-3.5
needed to apply for the IV. Acrobat
Reader is required to view this form on your computer. The latest
Acrobat software is available for a free download.
When the applicant has all the necessary documents in hand, s/he can schedule
a visa interview by fax
If the applicants informs us that all the documents are ready, a visa
interview can be scheduled by fax to CONS/IV. Be sure to include the applicant's
full name, date/place of birth, case number (if known) and contact postal,
e-mail addresses; phone and fax numbers.
U.S. EMBASSY SEOUL, CONS-IV
32 Sejong-ro, Jongro-ku, SEOUL 110-710 KOREA
or
Unit 1550, APO AP 96205-5550
INTL FAX : 822-397-4501
DOMESTIC FAX : 02-397-4501
DSN FAX : 721-4501
The IV application fee is $335. IVs are generally valid for six months.
All fees are payable in cash (dollars or Korean won) or cashier's check.
We also accept VISA, Mastercard, American Express, Discover, Diner's credit
cards. We can not accept personal checks.
Updated November 28, 2003
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