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have you ever been refused a u.s. visa 221g

by Ms. Rhoda Gulgowski PhD Published 2 years ago Updated 1 year ago
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Full Answer

Why was my 221g visa application refused?

As mentioned, petitions can be refused for a variety of reasons. For example, a consular officer may find issues in your background – your approval may be a result of misrepresentation, fraud, or other means that are against the law. In this case, the officer has the right to reject the visa that was claimed under the 221g provision.

How to answer “have you ever refused US a visa?

As part of the ds-160 form filling, you should answer “NO” to the question “have you ever refused us a visa” as your H1B petition was denied and not a US H1B visa. i-130 is an immigrant petition sent to USCIS for a family-based Green card. If your i130 is denied, then it does not mean that your visa has been denied.

What does 221g mean on a visa?

Using the immigration and nationality act, a Visa office or consulate will declare a 221g when there’s something missing, and they’re not able to issue you a visa at this time. It also means that the applicant will now have to go through additional processing, also known as administrative processing.

What happens if a US visa is denied?

The consular officer in charge of conducting the interview of the petitioner will either issue the visa or deny it via section 221g. If the petition is once more denied, it will go back to the USCIS along with a revocation recommendation – and the process will start once again.

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Is 221g considered as visa refusal?

A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means the applicant did not establish eligibility for a visa to the satisfaction of the consular officer, as is required under U.S. law, specifically section 291 of the INA.

Can visa be denied after 221g?

Section 221g of the INA Suppose your application is missing essential and relevant information for the consular officer to decide. In that case, they can deny it until further administrative processing and additional evidence are collected.

Have you ever been refused a US visa answer?

Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? You have to answer “YES” if your US visa has been denied at the US embassy. You have to answer “NO” if the denial was made by USCIS and not the US embassy.

How long does it take to get visa after 221g?

Form 221g processing time varies between 7 days to 6 months. If form 221(g) is issued with a request to submit more documents, you can expect to wait for the form for more than 8 weeks. If there are no documents requested, then you can expect your US visa approval in 7-30 working days.

What should I do after 221g refusal?

What happens in case of rejection with 221g ?Consulate will send the petition back to USCIS for reconsideration along w/ their comments.All your original documents will be returned to you, except for I-797 which is sent to USCIS.Once USCIS receives the petition, they will send a notice of receipt to the petitioner.More items...

Is Refused same as administrative processing?

A visa application under “administrative processing” will be deemed “refused” unless and until the application is overturned.

How many times can we apply for US visa after rejection?

As per some immigrant department of certain countries, you cannot reapply immediately after your visa application was rejected was because the conditions due to which it was refused will not change overnight. Hence, you can only reapply in most cases six months after the refusal of your visa application.

Does visa refusal affect future visa application?

In such a case, does visa refusal affect future visa application? The answer is yes, you will need to wait three years before applying for another visa, unless PIC 4020 is waived. If the Department is not satisfied as to your identity, you may be excluded from being granted a further visa for 10 years.

How long does the US embassy keep a record of visa denials?

Paper DS-156 records are maintained for eleven years from the date of last action.

Why use 221g white slip?

221(g) White Form: A white form indicates a complex category under 221(g). This slip denotes the need for further processing wherein it is handed over to the USCIS and the decision is finally taken based on the information gained from the USCIS.

How long does 221g white slip take?

The processing time for a 221(g) form is case-dependent. In some cases, the processing may take weeks while for others it may take several months. If there are no additional documents needed and the consulate does not need additional information, the case can typically be processed and resolved within a 60-day period.

Do we need appointment for 221g?

You do not need to schedule an appointment at the Visa Application Center for a 221(g) interview.

Can visa be rejected after administrative processing?

No. When a visa application is sent for administrative processing, the visa eligibility has not been determined. After the case comes back from administrative review, and if no problems are identified, the application is likely to be approved.

What happens after 221g document submission?

Once you drop off the documents, CGI will acknowledge the 221(g) submission slip. CGI will deliver your documents to the consulate. If you have not already submitted your passport, and they complete the processing and determine that you are eligible for the visa, you will be asked to submit the passport.

How can I submit my passport after 221g?

Go to the nearest CITIC Bank document collection office. Take your 221(g) submission slip, the 221(g) letter given to you at the Consulate General, and all documents requested in your 221(g) letter. If you submit your passport again, then do not remove the sticker pasted on the back of the passport.

Does administrative processing mean denial?

If my application is subject to administrative processing, does this mean my visa application was denied or will be denied? Not necessarily. When an individual is placed in administrative processing, visa eligibility has not been determined.

What is a 221g refusal?

Although the word “refusal” might bring anxiety to most trudging along through their visa journey, it really only means that the consulate or embassy you are conducting your interview with needs more information to handle your case.

What Happens After a 221g Refusal?

Now that the Department of State has issued you a 221g, they will issue you a slip with an assigned case number to your stamping. Usually, the case number starts with the year your interview took place and is followed by your assigned case number. Depending on your case, you will have to submit the respective documents needed to get through your visa application process. You will have the option to submit your documents electronically or at the VFS dropbox. Don’t worry so much about the logistics to this part — all the information about the documents and where you have to submit them will be stated on your slip.

What Does the Revocation and Reevaluation Process Involve?

For example, a consular officer may find issues in your background – your approval may be a result of misrepresentation, fraud, or other means that are against the law. In this case, the officer has the right to reject the visa that was claimed under the 221g provision.

Does a longer process time automatically mean rejection?

A longer 221g process does not mean you will get rejected from getting a visa in the United States. Some cases just take more administrative work than others do because of the complexities of a certain case. Once you have been asked to submit your passport, however, it is a good sign that you are on your way to getting an approved visa. Do not stress if you have not been asked for your passport because it just might take longer for them to ask for it for your unique case. I know it is hard but try to relax and to stay calm because administrative processing always takes a long time.

What are other ways to get a visa in the United States?

Unfortunately, there are not many alternatives to getting a visa once your visa gets rejected. These are your primary two options:

How long does it take for a NVC to review a petition?

1. NVC Petition Review – The NVC will review the petition and send it back to the USCIS service center. This process may also take up to one month.

What is a PIMS visa?

A PIMS is a client/server application that applicants need to fill out. You will be issued a 221g if you haven’t updated this information yet. In this case, the 221g simply puts your visa processing on hold until all information has been updated.

What does 221g mean?

It’s just a delay. That’s what 221 (g) means under the immigration and nationality act. It means that they want you to wait.

What is 221 (g)?

What is 221 (g)? What does it mean? If you have this question, it probably means that you or a family member or a friend went to a visa interview at a U.S. consulate abroad and instead of getting the visa, they got a sheet of paper, a worksheet, and on it, it said, “Visa refused under 221 (g).” That’s section 221 (g) of the Immigration and Nationality Act. So what exactly does 221 (g) or 221g mean?

How long did it take Josh to get my GC unstuck?

Great service and flawless execution. I had my GC stuck in some labyrinths of USCIS for about 2 years, Josh got it unstuck and ready in about 6 weeks or so. Very pleasant people too. Thanks folks!

Is Josh a good immigration lawyer?

I've known Josh and his practice for over 5 years, and he is an amazing immigration lawyer who I recommend without hesitation. Not only have I seen him achieve outstanding results for clients, he's honest, friendly and truly a good human being.

What is DS160 in passport?

While filling DS160, you are applying for a visa stamp in your passport. This is an example of an H1B visa stamped in your passport.

What does it mean when your I130 is denied?

i130 Denial. i-130 is an immigrant petition sent to USCIS for a family-based Green card. If your i130 is denied, then it does not mean that your visa has been denied. Most family-based immigrants file the DS-260 form at the US embassy located outside of the US, after getting their i130 petition approval.

What is the form for H1B petition?

H1B Petition – Filed using form I-129 with USCIS.

What to do if you received a 221G?

1. If you received a form 221g in your H1B/L visa interview and then the visa was canceled, you should write the reason given on form 221g.

Do you have to answer NO if the denial was made by USCIS and not the US embassy.?

You have to answer “ NO ” if the denial was made by USCIS and not the US embassy.

Can a US visa officer see past visas?

US visa officer has details of all your previous applications and they can see both denial and approval in past. So, do not worry.

What is INA visa?

The Immigration and Nationality Act (INA) contains provisions that may allow a visa applicant who was denied a visa for a particular ineligibility to apply for a waiver of that ineligibility. The Department of Homeland Security (DHS) adjudicates all waivers of ineligibility. Waivers are discretionary, meaning that there are no guarantees that DHS will approve a waiver for you. If the waiver is approved, you may be issued a visa.

Why is my visa denied?

An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for ...

What does "refusal of visa" mean?

A visa refusal, or ineligibility, under section 212 (a) (4) of the INA means that the consular officer determined that you are likely to become a public charge in the United States.

What do consular officers look for in visa interviews?

While conducting visa interviews, consular officers look at each application individually and consider the applicant's circumstances, travel plans, financial resources, and ties outside of the United States that will ensure the applicant’s departure after a temporary visit.

Where do I mail a waiver for a K visa?

Citizenship and Immigration Services (USCIS) Lockbox facility, with few exceptions. Learn more on the USCIS website.

What happens if you are denied a visa?

If denied a visa, in most cases the applicant is notified of the section of law which applies.

What does "misrepresentation" mean?

Misrepresentation means that you falsely presented facts and were not truthful in an attempt to receive a visa or enter the United States. A fact is considered material, as it pertains to this section of the INA, when, had the truth been known, you would not have been eligible to receive a visa or enter the United States.

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Common Reasons For Refusal

  • Below are some common reasons the U.S. issues a 221g denial: 1. Concerns regarding the documentation you provided in the visa application 2. Photo submitted does not meet the requirements 3. PIMS doesn’t list petition approval 4. You work in a field that is on the Technolo…
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Color-Coded 221g Slips

  • After your case goes through further administrative processing, the consulate officer will issue you a color-coded sip. The slip will have your case number with the following message:
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Other Options If You Received A Denial

  • Try not to panic if you receive a refusal notice because you have alternative options. For example, you can always apply for a visa in a different category if you meet those eligibility requirements. If you choose that route, you would not necessarily need to withdraw your pending application. Another option is to apply for the same visa but under a different employer. Is there a waiting per…
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Administrative Processing

  • Visa applications for some people may require further administrative processing. If that is the case, you will be informed of the same by the consular officer at the time of the interview. Processing times for such cases may vary based on the specifics of the case. Visa Application Status Online There can be many reasons for administrative processing, but most of them gener…
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Processing Time

  • There are no standard processing times, as they may vary based on the specifics of your case and their workload. You should not inquire about your case status with them for at least 60 days. Visa Application Status Online If your case is still pending after 60 days, you can contact the consulatewhere you were interviewed. You can also try calling the call center, but they will most …
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Revocation and Reevaluation

  • After doing the administrative processing or review of additional submitted documents, your visa may be refused for a variety of reasons. E.g., they may be concerned about your background, or they may discover that your petition was approved based on fraud, misrepresentation, or other reasons against the law. If your U.S. visa application is rejected after administrative processing, …
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Future Applications

  • When you apply for a U.S. visa in the future and fill out Form DS-160, as you are completing ESTA to travel under a Visa Waiver Program, there is a question “Have you ever been refused a U.S. Visa?” You must answer “YES” to that question, as Section 221(g) is technically a refusal. Even if you got a 221(g) refusal for something as simple as your ph...
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