|
|
(Why you did not receive a visa)
We adjudicate each visa case individually in accordance with U.S. law to determine each applicant's eligibility. Because of this case-by-case method, the reason why an applicant is ineligible for a visa is quite specific to that applicant's individual circumstances. Applicants receive a written explanation concerning their visa ineligibility and what they may do, if anything, to overcome that ineligibility.
Applicants are ineligible under section 221(g) because the applicant failed to bring some information or document, or some further procedure or review by us or another U.S. government agency must be completed.
Applicants are ineligible under section 214(b) because the applicant has failed to overcome the presumption of U.S. law that he or she is in truth an intending immigrant and is not a qualified nonimmigrant.
Applicants overcome this presumption of immigrant intent by showing that their overall circumstances, including social, family, economic and other ties to Korea, will compel them to leave the U.S. at the end of a temporary visit or study. "Ties" are the various aspects of life that bind you to Korea, such as your family relationships, employment and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, U.S. law considers educational status, school grades and long-range plans in Korea. As each person's situation is different, there is no single criteria that shows compelling ties to Korea.
Section 214(b) ineligibilities are not permanent. If you have new information or if your overall circumstances have changed significantly, you may reapply.
One common misconception about section 214(b) ineligibilities is that qualifying for a visa is just a matter of providing more documents. A visa decision is not simply based on documents, rather, your own current situation was inadequate to show why you must depart the U.S. All documents listed in our telephone message or on our website are suggestions that allow both you to apply for a visa and us to make a properdecision, but no document or information guarantees visa eligibility. U.S. law requires each applicant to qualify for a visa in his or her own right, so a guarantee letter alone is insufficient.
Many applicants send us letters from relatives in the U.S. or other information that they believe will help them be eligible for a visa. All materials must come with an application. We cannot store them and later match them up with an application.
Some students are confused when, after presenting a Certificate of Eligibility for Nonimmigrant Student Status (I-20) from their chosen school in the U.S., they are ineligible for a student visa. Just as with visitors, Section 214(b) requires students to show that they must leave the U.S. after they finish their studies. An I-20 is one of several documents that allow you to apply for a student visa, but cannot guarantee your eligibility. Students may be ineligible if it appears that the visa applicant's primary purpose is not to obtain an education that will advance their life in Korea, but will facilitate an indefinite stay in the U.S. for themselves or their family.
Some ineligible applicants seek help from a visa consultant. If you do decide to hire a consultant, remember that you alone are responsible for the accuracy of the information in your application.
 Information on Re-Applying after a 221(g) ineligibility.
Information on Re-Applying after a 214(b) ineligibility.
Information on how to best help a Korean friend or colleague qualify for a visa.
|
