Law Offices of Richard S. Goldstein | Seoul Visa Processing - US Immigration Law

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temporary visa topics immigrant visa topics other visa topics london visa processing paris visa processing tokyo visa processing seoul visa processing recent changes faqs links Law Offices of Richard S. Goldstein New York 145 West 57th Street 16th Floor, New York New York 10019 tel: 212-957-0500 fax: 212-957-2020 London 96A Mount Street First Floor Mayfair London W1K 2TB tel: 020-7499-8200 fax: 020-7499-8300	seoul visa processing Revised August 2007 GENERAL VISA INFORMATION The general address of the United States Embassy is: 32 Sejong-no, Jongno-gu, Seoul. The U.S. Embassy is located across the street from Sejong Cultural Center and next to the Ministry of Information and Communication/KT Building on Subway Line 5 (Purple), Exit #2. The Embassy is about a 15-minute taxi ride from the Itaewon area, depending on the traffic. If you are visiting American Citizen Services (ACS), please use the front entrance of the Embassy, which is located on the main road. ACS is closed to the public on Wednesday. If you are visiting the Immigrant Visa (IV) branch or the United States Citizenship & Immigration Services (USCIS), please use the side entrance and proceed to the 3rd floor. If you are visiting the Nonimmigrant Visa (NIV) branch for an interview, please use the side entrance and proceed the 2nd floor. Spouses and children of USFK members, emergency applications and correction cases may go directly to Window #3 on the first floor. - Nonimmigrant Visa Section Contact Information: Fax: 82-2-725-6843 (all inquiries except E, H, L, O, P & Q cases) Fax::82-2-736-6839 (inquiries relating to E, H, L, O, P & Q cases) Email: seoulniv@state.gov (all inquiries except E, H, L, O, P, Q cases) Email: seoulgoldteam@state.gov (inquiries relating to E, H, L, O, P & Q cases) - Immigrant Visa Section Contact Information: (including K and V visa classifications) Fax: 82-2-397-4501 DSN Fax: 721-4501 Email: seouliv@state.gov - American Citizen Services: Fax: 82-2-397-4101 DSN Fax: 721-4101 Email: seoul_acs@state.gov The telephone number, fax number and DSN contact information for the Embassy are as follows: Tel: 02-397-4114 Fax: 02-397-4101 DSN: 721-4114 The US Department of State's Consular Section at the U.S. Embassy Seoul is divided into four branches: Nonimmigrant Visas (NIV), Immigrant Visas (IV), American Citizen Services (ACS) and Fraud Prevention Unit (FPU). Nonimmigrant Visas (NIV) are for non-American citizens and non Lawful Permanent Residents who want to visit, tour, study, work, or do business in the U.S. Immigrant Visas (IV) allow spouses and other immediate relatives of U.S. Citizens, as well as certain workers and other qualified persons, to live permanently in the U.S. American Citizen Services (ACS) handles passports, absentee voting, reports of the birth, death or arrests of Americans, plus provides information on certain federal benefits on behalf of agencies other than the Department of State. ACS is open Monday, Tuesday, Thursday, and Friday from 9:00 -11:30 a.m., and again 1:30-3:30 p.m. ACS is closed on Wednesdays and on both U.S. and Korean holidays To contact the above Consular Units by FAX: From outside of Korea the country code is 82, and the city code for Seoul is 2. From within Korea, please use area code 02. American Citizen Services FAX: FAX : 82-2-397-4101 DSN FAX : 721-4101 Immigrant Visas FAX: (including K and V visas) FAX : 82-2-397-4501 DSN FAX : 721-4501 Nonimmigrant Visas FAX: FAX : 82-2-725-6843 (all inquiries except for E, H, L, O, P, and Q visas) FAX : 82-2-736-6839 ( E, H, L, O, P, and Q visas only) DSN FAX : 721-4214 Please allow three to five working days for a reply. If you do not hear from the Embassy within five working days, please send a fax or e-mail to the Embassy from a different e-mail account. The customer service window for general questions is available M-F, 10:00AM-12:00PM, and again from 1:00PM-4:00PM. If you have a more complicated Immigration question, or if you wish to schedule an appointment rather than waiting in line, the Embassy also allows you to book an appointment to speak with an Immigration officer, by sending an email to Cis.Seoul@dhs.gov. You should provide your name, the name of the beneficiary and their country of birth, a telephone number, and your desired appointment time and date. * Immediate Alien Relative applicants (spouse/child) can also use this email appointment system to submit their application. NONIMMIGRANT VISAS All visa applicants require a personal interview. Appointments may be scheduled both inside and outside Korea 24 hours a day through the Visa Information Web Services www.us-visaservices.com. Beginning April 14, 2005, applicants may also schedule their appointment and get information by calling 003-08-131-420. However, this toll number is only accessible within Korea, and the Call Center is only open Monday through Friday, from 8:30 AM to 5:00 PM (except Korean and U.S. holidays). Applicants who are between 55-79 years old and their spouse who are applying for visitor (B) visas, and diplomatic and official passport holders may call 003-08-131-420 to schedule an appointment that is valid for 30 days. The cost to book an appointment is a flat fee equivalent to 12,000 Korean Won which is charged to a Visa or MasterCard. Purchasing a PIN for a flat fee will allow applicants to access additional information and schedule up to five appointments for immediate family members. Interview Wait and Visa Processing Times: During the busy summer months and holiday season, appointments can be booked out several months in advance. Therefore, applicants are advised to apply well in advance of their anticipated travel needs. If you are found eligible for a visa at the time of your interview, your visa will be couriered back to you after five to eight working days once all application materials have been received in good order. Please note that interview wait time and processing times mentioned above are averages and can vary due to individual circumstances and other special requirements. Also, please note that due to various processing times, even if you have a visa interview with your family members on the same day, everyone's visa may not be ready on the same day. Therefore the Embassy advises that each passport have a separate courier slip attached. A visa classification is based on the applicant’s primary purpose of travel to the United States. Please note that applicants for NIVs as skilled workers (H), intracompany transferees (L), persons of extraordinary ability (O), professional entertainers and athletes (P), and International Cultural Exchange Visitor (Q), first require a USCIS-approved petition from a U.S. sponsor in the U.S. For E visas, applicants and their family members must submit their applications by DHL Ilyang or Hanjin courier within Korea or FedEx outside of Korea. The American Embassy will contact the applicant via telephone or e-mail regarding an appointment date. All contact information, including an e-mail address, telephone/cell phone number (in Korea) and fax number must be provided on the Nonimmigrant Visa Application form. Applicants should visit the American Embassy Seoul website for particular details on filing requirements as these change on a regular basis. Applicants need to check their e-mails on a daily basis. The Embassy cannot be held responsible for missed appointments. If an applicant misses his/her scheduled appointment, his/her documents will be sent back to the application and he/she will have to reapply. Processing time will vary with the complexity of the case, however, the Embassy generally takes about four weeks to review an E application. The Machine-Readable Visa Processing Fee (MRV) is US $100 and can be paid for at Shinhan Bank. Please note that as of July 1, 2005, you can no longer pay this fee at HanMi (KorAm)/CitiBank. To pay the MRV fee, the purchaser is required to submit a completed "U.S. Visa Processing Fee Application Form," provided at all Shinhan Bank branches, and a copy of the applicant's identification card. The MRV fee receipt shows the applicant's name and KID number, and can only be used by that applicant. Shinhan Bank is open from 9:30 AM to 4:30 PM, Monday-Friday. Please be sure to purchase your MRV fee receipt before your interview date and time. MRV fee receipts are valid for six months after the date of purchase. Reciprocity Fee: Some applicants who are not Korean citizens may be required to pay a reciprocity fee. The reciprocity fee will be determined at the time of interview and can be paid at the U.S. Embassy. In general, NIV processing takes about five to eight working days once the Embassy receives all application materials in good order. Re-applications can take several more working days. Please note that NIV processing time may very with the Embassy’s workload. The Embassy is closed on both U.S. and Korean holidays, and weekends. There is no visa processing when the Embassy is closed. The Embassy uses Ilyang DHL and HANJIN to return passports with issued visas. You may wish to call Ilyang DHL (1588-0002) or HANJIN (1588-0011) to inquire about the pick-up and delivery status of your passport. Please note that during the busy seasons, near the end of the calendar year, around Lunar New Year and in the summer, NIV processing times may vary with the Embassy’s workload. While the Embassy tries to process all NIV applications as quickly as possible, please do not count on expedited processing during these busy periods. Please understand that U.S. law requires the Embassy to process each application separately on its own merits. The Embassy nor any attorney can never give assurance or guarantee of visa issuance. Your appointment time is the time when the Embassy is expecting you to appear at the first floor of the U.S. Embassy Seoul, Nonimmigrant Visa (NIV) branch, to begin your NIV application processing, one of 400,000 applications we process annually. Your interview will not be at that time, it will be later. For example, if your appointment is at 9:00 AM, please be inside the Embassy at 9:00 AM. Your interview is only the last part of your NIV processing on the day of your appointment. The Embassy tries to interview applicants within one hour upon their arrival at the Embassy, but given the large volume and high complexity of applications, the Embassy can never guarantee that NIV processing can be finished in time to suit anyone's plans. The Embassy does try to process applicants as quickly as possible. Please bring your appointment admission ticket. Please arrive in time for airport style security screening as you enter the Embassy. Please bring your application materials completely, correctly and legibly filled out. For more information, or to schedule an appointment, please go to USA VISA Information Services at http://www.us-visaservices.com. USA VISA Information Services is available 24 hours a day, and can be accessed from both inside and outside of Korea. Security Advice Please do not bring electronic devices (radios, recorders, handphones, computers, PDAs, cameras, walkmans, etc.), liquid containers, spray devices, suitcases, knives, sharp objects and any dangerous items with you when you come to the U.S. Embassy. You and your effects will be screened at the entrance. These prohibited items are not allowed entry. There are storage lockers in the Gwangwhamun subway station near exit 2. Visitors to the U.S. Embassy assume full responsibility for their personal items brought into the building. Please do not bring valuables or items prohibited for entry. Bringing such items will delay your entry and may cause you to miss your appointment. Ineligibilities for Nonimmigrant Visas The Embassy adjudicates 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 that you will be departing the U.S. No document or information guarantees visa eligibility, and 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 the Embassy letters from relatives in the U.S. or other information that they believe will help them be eligible for a visa. However, the Embassy has no way of matching these letters to applications or of storing them. If you decide to submit such letters with your visa application, you are advised to bring them with you to present to your Interviewing Officer on the day of your appointment. 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 will 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 it does not 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. The United States Embassy in Seoul has begun collecting finger scans from all nonimmigrant visa applicants. All nonimmigrant visa applicants aged 14 – 79 are required to submit finger scans electronically at the time of their visa interview. IMMIGRANT VISA SERVICES Immigrant visas (sometimes known as "green cards") are for persons who plan to live, work or study and remain permanently in the U.S. Immigrant visas (IV) are a responsibility of the U.S. Department of State, Consular Affairs Bureau (CONS/IV). Most IVs require an underlying petition approved by the U.S. Department of Homeland Security(DHS), U.S. Citizenship and Immigration Services (CIS)* before any IV processing starts. Immigrant visas (IV) allow applicants to seek entry to the U.S. to reside for an indefinite period. U.S. law places the burden of proof solely on the applicant and gives the applicant no entitlement to a visa. U.S. law requires all spouses of American citizens relocating to the U.S., including U.S. Forces Korea (USFK) family members, who are neither U.S. citizens or holders of unexpired U.S. immigrant status to enter the U.S. with an IV in hand. A foreigner who enters the U.S. with an IV will gain either conditional (married to a U.S. citizen petitioner for less than 2 years) or permanent (married longer than 2 years) resident status. The U.S. Department of Homeland Security (DHS), Citizenship and Immigration Services (CIS) is responsible for processing immigrants in the U.S. The CIS-issued alien registration card (I-551), nicknamed a green card after its pre-1977 design, is evidence of an immigrant's lawful admission, and authorization to work and reside in the U.S. Entering the U.S. with an immigrant visa and establishing a residence there is the first step toward naturalization as a U.S. citizen. Because each case is unique and the underlying immigrant petition is good until used to apply for an IV, we urge all potential applicants to start this process early. There is no substitute for an IV and no such thing as "rush processing." If an applicant fails to take timely steps or does not qualify for an IV, the applicant may be left behind when the U.S. citizen family members depart Korea. Four months is a rough estimate of the minimum amount of time needed for a case of entirely Korean origin and processing, but no guarantee can be made for exactly how long processing will take. Most IVs are adjudicated with the briefest of interviews. It is unnecessary for the petitioner to be present, but you may attend the interview with your spouse if you wish. Please understand that when the Embassy questions are directed to your spouse, s/he must answer on his/her own. Interviews are always conducted by an American consular officer, either in English or Korean, or with one of the Embassy’s translators. IV interviews are conducted only by appointment in the morning at U.S. Embassy Seoul. The Embassy is currently scheduling Immigrant Visa Appointments via an online booking system, which can be found on the Embassy’s website. If you are found eligible for the visa, it will normally be issued later the same day. However, because of incomplete submissions and/or unexpected computer failures, you should not make any unchangeable travel plans until the visa is actually in hand. If the applicant is found eligible for an IV, it will be normally issued the same day. If an applicant is found ineligible for an IV the reason for the refusal and any recourse will be explained in writing. The IV application fee is $380. IVs are generally valid for six months. All fees are payable in cash (dollars or Korean won) or cashier's check. The Embassy also accepts VISA, Mastercard, American express, Discover, Diner's credit cards; However, the computer link must be working. The Embassy cannot accept personal checks. Once issued, an IV is valid for a single entry into the U.S., usually within six months. If not used within its validity period, the IV becomes invalid and you must apply for a new IV, starting at the beginning and re-paying all fees. Persons immigrating to the United States are divided by U.S. immigration law into two general categories: (I) Those who may obtain legal permanent residence status without numerical limitation ("immediate relatives"), and (II) Those who are restricted by an annual limitation on the number of persons who may enter as permanent residents ("preference cases"). The latter category is further divided into (A) Family Sponsored Immigrants, (B) Employment-Based Immigrants and (C) Diversity Immigrants. Other Immigrant Visa Information: Effective May 1, 2005, all immigrant visa and fiancé/fiancée applicants of any nationality and who are over age 16 and physically present in South Korea must submit a new Korean National Police Certificate (KNPC) at the time of visa interview. The new KNPC now includes all serious crimes committed since 1945, regardless of expungement benefits under Korean law, and misdemeanors for five years, according to the Individual Information Protection Law of March 2003. The new KNPC bears a red ink, half inch square stamp on the bottom containing the Korean characters for National Police. A police certificate is also required from the authorities of any place an immigrant visa applicant has been arrested, regardless of his/her length of stay at the time. If deemed to be available, as a minimum, you must obtain a police certificate from your country of nationality and your country of current residence if your presence there occurred after age 16 and was 6 months or more. Police certificates are required from other countries for all stays of 12 months or more after age 16. If you have ever been arrested in any jurisdiction, please bring arrest, court or prison records. CONSULAR-IV has no means to track and exercises no control over outside agencies doing required clearances. The medical and police clearance processes are not waiverable and there is no "rush processing." DOCUMENTS REQUIRED IN SUPPORT OF A VISA APPLICATION All applicants must submit certain personal documents such as passports, birth certificates, police certificates, and other civil documents, as well as evidence that they will not become public charges in the United States. The consular officer will inform visa applicants of the documents needed as their applications are processed. MEDICAL EXAMINATIONS Before the issuance of an immigrant visa, every applicant, regardless of age, must have a medical examination conducted by a designated physician under rules of the U.S. Department of Health and Human Services, U.S. Public Health Service (USPHS). Costs for such examinations must be borne by the applicant. Additional information on the required medical exam, including a list of approved medical examiners, is included in the instructions given to all immigrant visa applicants. AMERICAN CITIZEN SERVICES Please be advised that the days just before and after a holiday are usually exceptionally busy and you can expect a significantly longer wait for consular services. If you visit the Consulate outside these times, you should have a shorter wait. A complete list of Embassy holiday closings is available at http://korea.usembassy.gov. ACS is part of the Embassy's consular section. It provides assistance to American citizens in Korea, including passport services, notarials, registration, Consular Reports of Birth Abroad, documentation for marriage, voting in U.S. elections, various federal benefits and more. In addition, ACS assists U.S. citizens in emergency situations, including arrests, deaths and crisis situations. American Citizen Services is open on Monday, Tuesday, Thursday, and Friday from 9:00-11:30 a.m., and again from 1:30-3:30 p.m. The Unit is closed on Wednesdays and on both U.S. and Korean holidays. Fees must be paid in cash (U.S. dollars or Korean won.) For questions prior to the visit, please contact American Citizen Services section at the U.S. Embassy in Seoul: Tel: 02-397-4383 Fax: 02-397-4101 E-mail: Seoul_ACS@state.gov [HOME] [top of page]