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is 221g considered as visa refusal

by Dr. Oliver Schoen II Published 2 years ago Updated 1 year ago
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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.

What is a 221g application refusal?

Refusal under Section 221 (g) means that essential information is missing from an application or that an application has been placed on administrative hold. The officer will either tell you that the case has to undergo administrative processing, or will ask you to submit additional information I like learning about visas and immigration.

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 is the INA 221 (g) outcome?

However, as explained here, the INA 221 (g) outcome is categorized as a visa refusal. This clarification is important for future visa applications, as well as for Visa Waiver Program (VWP) travelers. INA Section 221 (g) is a fairly broad, generic provision covering denials of visa applications.

What happens after a 221 (g) letter is issued?

Along with the 221 (g) letter, the consular officer may also supply the applicant with a form that specifies the reasons for the refusal and what further action is required.

What does 221g mean?

What is 221 (g)?

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How do I know if my visa is approved after 221g?

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 is the difference between refused and rejected visa?

Visa refusal means you did something wrong and that went on your permanent record, leading to visa refusal. While the visa rejection means something is missing from your application and you have to resubmit your paperwork.

How long does it take to clear 221g?

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.

Is refused the same as administrative processing?

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

What happens after 221g refusal?

What do I do after my 221g petition gets rejected? In case your 221g petition gets rejected, the consulate will send your petition back to the USCIS and all your original documents will be returned to you—except for the 797, which will be sent to the USCIS.

Why does my visa status says refused?

This “refused” status may change if: The applicant can demonstrate to a consular officer he or she is eligible for a visa; or. Information comes to the attention of the consular officer from other sources that resolve any outstanding issues relating to the applicant's eligibility for the visa.

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.

What happens with 221g?

The U.S. issues a Section 221g refusal when a visa application is missing the necessary information to approve the visa and/or requires administrative processing. Essentially, the government holds the application until the consulate reviews it more in-depth and determines its eligibility.

What does 221g white slip means?

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.

Can visa be refused 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.

How can I submit my passport after 221g?

Submit Documents, mentioned in 221g Slip : If the consulate needs additional documents for the processing, they will ask you to submit the documents. These can be submitted electronically or at VFS drop-box. The issued slip will have information about the required documents and how to submit them.

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.

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.

Can we apply for visa again after rejection?

If your visa application was rejected the first time, you have the option of re-applying. Many students are granted a Student Visa the second time around whose visa applications were denied the first time. You must identify and rectify the reasons which may have caused the rejection.

3 Reasons Your 221g Was Refused - Stilt Blog

3 Reasons Your 221g Was Refused Posted by Rohit Mittal Updated on March 14, 2022. People planning to visit the United States usually have to undergo a visa interview process before they are allowed to enter the country.

221 g : Applicant has no history - Immihelp

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Received a Section 221g Refusal? Here's What it Means [2022]

Section 221g refusal is issued by immigration officials for a visa application that is missing the necessary information to approve the visa and/or requires administrative processing. Learn more here.

221(g) U.S. Visa Refusal - Immihelp

When you apply for a U.S. visa, it may sometimes be denied under INA Section 221(g), which means that either essential information is missing from an application (additional information is required), or that an application has been placed on administrative hold.

What does it mean when an INA 221G is denied?

Separately, an INA 221 (g) refusal does not mean that an applicant potentially is not eligible for a different visa. There are many situations in which, for example, the consulate will not issue an H1B visa to an individual because the company sponsor cannot provide the requested proof. Such individuals might be eligible for different visas through new employers or for H-4s, for example, through their respective spouses.

What is INA Section 221 G?

INA Section 221 (g) is a fairly broad, generic provision covering denials of visa applications. It directs consular officers not to issue a visa if it appears that the applicant is not eligible under any section of law. In practice, it is often used when there is any problem or additional information required in a case, even if the matter is minor or temporary. It allows the consular officer to ask for more documents, or otherwise review the case in more detail. It includes cases that cannot be approved because, for example, the employer’s petition approval is not yet in the Petition Information Management Service (PIMS) system, as explained in our article, PIMS Verification Update (28.Dec.2007). It also applies to those cases that need to undergo further security checks.

What is INA 221 G?

This broad section applies to a wide variety of visa application issues, including some that are fairly minor and temporary. However, as explained here, the INA 221 (g) outcome is categorized as a visa refusal. This clarification is important for future visa applications, as well as for Visa Waiver Program (VWP) travelers.

What if Answered Erroneously but Innocently?

It is important to answer such questions correctly in the future. If an issue arises regarding prior, incorrect answers, it may be forgiven if this was a genuine mistake, rather than an effort to provide incorrect and misleading information.

What is a 221 G letter?

Consulates issue 221 (g) refusal letters in different colors depending upon the type of case.

What does it mean when a visa is denied?

visa, it may sometimes be denied under INA Section 221 (g), which means that either essential information is missing from an application (additional information is required), or that an application has been placed on administrative hold. The consular officer will give you a letter that will specify the exact situation and the next steps for you to follow.

Why is my visa rejected?

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, the Consulate will send the petition back to USCIS for reconsideration along with their comments. I-797 will be sent to the USCIS. The rest of the original documents will be returned to you.

How many pages do you need to get a visa?

Passport or Photo. In order to issue a U.S. visa, there must be at least one blank page in the passport. If there is no such page left, the consular officer may issue 221 (g) to instruct you to get a new passport. Sometimes, the photo submitted does not meet all the requirements.

Is Section 221 G a refusal?

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 photo not meeting the requirements, or your name not yet appearing in PIMS, you should be prepared to explain the circumstances of the 221 (g) refusal at the time of your visa interview.

Do visa applications require 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.

What Happens After 221 (g) is Issued?

If the Department of State issues an applicant a 221 (g), they will be provided a slip with an assigned case number to their stamping. Usually, the case number starts with the year their interview took place and is followed by their assigned case number. Depending on their case, they will have to submit the respective documents needed to get through their visa application process.

What is Section 221 G?

Section 221 (g) of the Immigration and Nationality Act (INA) prohibits the issuance of a visa when an otherwise qualified visa applicant is found to be missing a specific document, or when a consular officer decides that additional “security clearance” is required. 221 (g) is mainly used by consular officers as a way of providing the visa applicant with another opportunity to supplement their applications to address the insufficiencies in the initial application. Once that is addressed, they overcome the 221 (g) refusal and the visa may be issued.

What happens if a US stamping request is rejected?

In case the US stamping request is rejected after the administrative processing, the consulate will send the petition back to USCIS for reconsideration along with their comments. If it is determined that the applicant is ineligible for a visa, the documents they initially provided (except for 797) will be returned along with a denial letter.

Why is my visa application denied?

An application may be denied because the consular officer cannot determine the applicant’s eligibility to receive a visa since they don’t qualify for the visa category for which they applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law.

What does a 221 letter mean?

Receiving the 221 (g) letter does not necessarily mean that the visa application has been rejected or the chances of getting the visa are slim. Along with the 221 (g) letter, the consular officer may also supply the applicant with a form that specifies the reasons for the refusal and what further action is required.

What does blue mean on a visa?

Blue: Indicates that additional supporting documentation is required. Once the applicant submits the necessary documents, the officer will review them and decide whether to approve or deny the visa application.

How long do you have to reapply for a visa if you are refused?

The applicant will have one year from the date they were refused a visa to submit the additional information. If they fail to provide the required additional information within one year , they must reapply for the visa and pay another application fee.

What is a Section 221 G visa denial?

What is a Section 221 (g) visa denial? A denial under Section 221 (g) of the Immigration & Nationality Act (“INA”) is just one example of a denial an applicant may receive. This can occur at the completion of the interview, with the consular officer issuing a decision notice stating the visa application has been denied, refused, ...

What does it mean when an application is held for further administrative processing?

When an application is held for further administrative processing, the timeline is less clear. The officer should inform the applicant at the end of the interview that the application is being held pending further administrative processing. This can mean the applicant requires additional background checks or the officer believes the application requires additional scrutiny. The processing time varies based on the Consulate and the specific facts of each case. Once the administrative processing is complete, the applicant will be notified whether they are now qualified or remain ineligible for the visa.

Can a nonimmigrant visa be denied?

Both immigrant and nonimmigrant visa applications may be denied under Section 221 (g). For example, a nonimmigrant H-1B visa application may be held pending further review of the proposed employment. A family-based immigrant visa application may be denied pending the submission of additional financial documentation for a sponsor or denied pending the filing and approval of a waiver of inadmissibility.

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.

Who has the authority to approve or deny a visa application?

immigration law section 104 (a) of the Immigration and Nationality Act, is given to consular officers at U.S. Embassies and Consulates.

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 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 happens if you refuse a 221g?

There is nothing to worry, if you have been issued a 221g, it will be continued to be processed.

How to tell if your visa was refused?

The only way to tell, if your case was refused, is if you get a confirmation from Consulate that says, your case is refused. Sample US Visa Denial Letter from US Consulate after 221g

Why has the Status Changed from Administrative Processing to Refused Suddenly ?

Well, CEAC website changed the displayed status text to be in line with the form given by the consular officer, and that’s why you see this big change and the confusion. If you check your 221g notice or any of the standard 221g forms given, you will see the text that says “ Your application for a nonimmigrant visa has been refused per section 221 (g) of the U.S. Immigration and Nationality Act…”. See below screenshots.

How long does it take for a visa to change after refusing?

Also, at times, some users reported that you see “Refused” or “Administrative Processing” status for general US Visa in-person interview, where the consular officer said that your visa was approved and kept passport. Give it few days for the status to change. If it does not change after a week or 10 days, then reach out to consualte.

Is "refused" status an intermediate status?

In the past, it was clear, but since March 2020 and in recent times in 2021, this has been very inconsistent. Many users see “Refused” status as an intermediate status as well. In early 2020, some “refused” cases that were ultimately “denied” had “refused” status on CEAC website with shorter text. See below screenshots.

Has 221g case status changed?

From early March 2020, many users have reported and we verified as well that most of the 221g Cases status has changed to “Refused”, even when there was no real update on their ‘Case Last Updated Date’ or anything has changed. One key thing to note is the text under it has changed. It reads like below now.

Can you check visa stamping status online?

When you check the US Visa Stamping Status online, there are some cases, where the online status on CEAC website shows as “Refused”, even though the consular officer said after the interview that it was approved. You may also see the same status, after you dropped off documents for US Visa Dropbox stamping or you received 221g Administrative Processing by Consular officer said they need some administrative processing and kept the passport.

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?

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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 pe…
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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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