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DAP Forums > DREAM Act > The Lounge

S. Korean males won't be able to apply for PR even when DA passes?

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#1
01-27-2011, 10:11 AM
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tyler129
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My B1/B2 tourist visa expired in 2000. My Korean passport expires next year and I won't be able to renew my Korean passport if I don't go to Korean army. If I join the Korean army today, I won't be able to come back to US for 10 yrs.

I spoke to a lawyer and he told me that even if DA passes, I'll be rejected in interview for premanent residency when my passport expires next yr, meaning I won't be able to get a permanent residency, ever (or USC since no PR = no USC). Korean law is diff. from Mexican law so EWI children who crossed the border on foot (or smuggled in) w/o passport are eligible for DA but Koreans w/ expired passport will be rejected for permanent residency interview.

The lawyer also told me that the only way that I can ever get PR is if I marry a USC by next yr..

Anybody else in the same situation?

--------------------------------------------------------------------------------
***NEW UPDATE***

If you're Korean male, both of your parents are present in US for more than 5 yrs w/o leaving US, you can extend your military duty until you're 37.

If one of your parent isn't in US, or they haven't been in US for 5 yrs, then I think you're not eligible for DA even when it passes because Korean consulate won't extend your military duty -> your passport expires -> once your Korean passport expires you WON'T get an interview for PR even if you wait 5-10 yrs w/ DA conditional visa.

If you have any ques. call you local Korean consulate

If you're Korean male, make sure to renew your Korean passport in your local Korean consulate & make sure your Korean passport doesn't expire.

If I'm wrong about any info that I've put up here, PM me.
Last edited by tyler129; 01-28-2011 at 11:07 PM.. Reason: UPDATE
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#2
01-27-2011, 11:12 AM
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Then go back to Korea and follow the law. It's a "1st" world country ain't it? If you can't even be in the military then how can we ask for the DA and highlight that IT HAS MILITARY OPTIONS?!! Koreans need to grow some balls.
Last edited by TrixieGirl; 01-27-2011 at 11:15 AM..
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#3
01-27-2011, 11:17 AM
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Quote:
Originally Posted by TrixieGirl View Post
Then go back to Korea and follow the law. It's a "1st" world country ain't it? If you can't even be in the military then how can we ask for the DA and highlight that IT HAS MILITARY OPTIONS!!!
Did you read what I wrote? I'm not going back to S. Korea bc of Korean military duty, I'm not going back bc I get 10 yr ban if I leave now..

If I can fulfill Korean military duty for 2 yrs and come back to US right away, I wouldn't think twice but I'll be at least 34 yrs old by the time 10 yr ban is released..
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#4
01-27-2011, 11:29 AM
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^ If you read what OP wrote it is the ten year ban from the US he is worried about (and that is why many of us DREAMers don't want to leave as well); not serving in the Korean army
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#5
01-27-2011, 11:41 AM
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Quote:
Originally Posted by Swim19 View Post
^ If you read what OP wrote it is the ten year ban from the US he is worried about (and that is why many of us DREAMers don't want to leave as well); not serving in the Korean army
Thank you. Finally someone who understands the main idea of this thread..
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#6
01-27-2011, 11:44 AM
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Quote:
Originally Posted by countryless2012 View Post
I have cousins with German dual Citizenship because of my uncle met there mother in Germany while in the service each cousin including one of the girls had to go back and serve a year in the military. Point is your making it sound like a horrible thing one year of service in a non war time military that is supported by the US military good training for life. South Korea middle class make just as much or more than Americans do right now and there are more jobs. It just not as desperate as you make it seem or the path that others face on here.
you guys seriously have to pay attention to the original thread before you decide to add your comment.

Myself is in a same situation as you are. I was able to postpone my military duty by staying in school. But I will be graduating this May. After May, my only option is to goto a graduate school or ... get married to a USC. I've never thought about my Passport being expired and not eligible to renew. That's crazy

But, it definitely makes sence because even if CIR or DREAM passes, we need our passport for document required by USCIS to prove who we are. So I guess you/my question is DO WE NEED OUR PASSPORT/CURRENT AND NON EXPIRED TO APPLY FOR DREAM OR CIR? or You guys think its possible to meet the requirement by submitting other types of document? ...

Dude, if we they do require passport then we're fuked.. and + As a healthy Korean man I do not mind going in the military to serve my mother country, what I am worried about is 10 yr ban. I won't be able to come back here until i'm 36. now THAT IS crazy.
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#7
01-27-2011, 11:46 AM
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Quote:
Originally Posted by TrixieGirl View Post
Well then please don't elevate yourselves than the rest just because your country is a "1st" world one you all are still illegals. Koreans are nothing special.
I don't think he was trying to elevate him self or to look better than anyone else than rest in this forum.... well hopefully not, because like you said, we are all in same situation here.
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#8
01-27-2011, 11:54 AM
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Quote:
Originally Posted by tyler129 View Post

I can't interview for PR (according to my lawyer, Koreans must have Korean passport that's not expired at the time of PR interview, unlike other countries)

anybody understands my situation?
what do you mean unlike other countries? USCIS doesn't require valid passport (non-expired) from people from other countries other than Koreans?
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#9
01-27-2011, 12:06 PM
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Quote:
Originally Posted by chopstix View Post
what do you mean unlike other countries? USCIS doesn't require valid passport (non-expired) from people from other countries other than Koreans?
For example, EWI children who crossed the border from Mexico on foot (or smuggled in) don't need passport to interview for PR after DA passes. As my lawyer says, "멕시코는 국방의 의무가 없어요."
Last edited by tyler129; 01-27-2011 at 12:12 PM..
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#10
01-27-2011, 12:18 PM
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Quote:
Originally Posted by tyler129 View Post
For example, EWI children who crossed the border from Mexico on foot (or smuggled in) don't need passport to interview for PR after DA passes. As my lawyer says, "멕시코는 국방의 의무가 없어요."
bro, whatever happens try to stay in school. if you graduated already, then apply for grad-school. if you don't have time to prepare application/portfolio/test result do whatever you can do to be in a gradschool it seems like thats the only way out for us if whatever your lawyer told you is true. my passport expires in august. ibetter find out about this situation. you should also try to contact a different lawyer. or "청년학교"
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