Applications

Returning Residents

U.S. immigration law assumes that beneficiaries of Immigrant 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 live in the U.S. 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/Seo-117 to CONS/IV with all supporting documents Monday, Tuesday, Thursday or Friday, 1:30 p.m. to 2 p.m. except American and Korean holidays. Please include any USCIS 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/SEO-117  is available for download. Acrobat Reader is required to view this form on your computer. The latest Acrobat software is available for free. The fee for filing a Form DS-117 is $400. 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 processed as all other IV applicants. It will receive a detailed list of the supporting documents called SEO-3.5 which is needed to apply for the IV. Acrobat Reader is required to view this form on your computer. The latest Acrobat software is available for free.

When the applicant has all the necessary documents in hand, s/he may only schedule a visa interview by Internet.

The IV application fee is $400.

 

 

For immigrant visa (IV) inquiries, please email us at seouliv@state.gov.
 

The U.S. Embassy is closed on both U.S. and Korean holidays.

Updated May 6, 2008