What is 221(g)? – Legal Reader

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First, don’t panic. Many functions which might be issued 221(g) standing are resolved and accepted.


What is 221(g)? What does it imply? If you might be asking this query, it in all probability implies that you or a member of the family or a pal went to a visa interview at a U.S. consulate overseas and as an alternative of getting their visa, they got a sheet of paper saying, “Visa refused beneath 221(g).” 

So what precisely does 221(g) or 221g imply?

As an immigration lawyer in Los Angeles I assist folks within the United States, and all through the world, get their visas out of administrative processing and cease these pointless delays.

What Does 221(G) Mean?

When an applicant is refused beneath 221(g), it means the consular officer decided that the applicant was not eligible for a visa after finishing and executing the visa utility and any required interview. Using the immigration and nationality act, a Visa workplace or consulate will declare a 221g when there’s one thing lacking, they usually’re not capable of subject a visa right now. It additionally implies that the applicant will now should undergo further processing, also called administrative processing or administrative clearance.

If you’re following what I’m saying, you’ll understand that this actually doesn’t make a lot sense. They’re saying the visa can’t be issued as a result of it wants further processing, however what does that imply particularly? 

That’s an excellent query.

Administrative processing is simply further processing after the visa interview. You could preserve asking, “Well, what does that imply?” or “Why is that?” This is what my son does. I’ve a 4-12 months-previous, and he asks “Why?” 100 instances. “Why this?” “Why that?” “Why is the sky blue?” He asks you one million “Why?” questions and ultimately you find yourself reaching a degree the place you’ll be able to’t reply them anymore.

Questions Without Answers

When it involves administrative processing and a 221(g) refusal, you could preserve asking questions like “Why is this in administrative processing?” “What’s inflicting this?” “How lengthy is it going to take?” “What’s the federal government checking?” “What’s actually occurring with my immigration case, or with my visa utility?” Eventually, you’ll understand that you just’ll by no means get any good solutions from the United States authorities. They’ll by no means clarify to you what precisely is occurring.

Man with luggage walking under arch into a beautiful day; image by Mantas Hesthaven, via Unsplash.com.
Man with baggage strolling beneath arch into an exquisite day; picture by Mantas Hesthaven, through Unsplash.com.

For now, you need to know that 221(g) implies that you’re not denied, and also you’re not authorized. They’re simply making you wait. Essentially you might be experiencing a delay in your visa utility. A visa utility with a 221(g) standing is an excuse that the consulate is providing you with when they need you to undergo some further background checks or further evaluations, however they by no means actually outline precisely what’s occurring.

I’ve been concerned with numerous lawsuits towards the State Department and numerous consulates all over the world concerning visas with 221(g) statuses. I in all probability know as a lot about administrative processing as any personal bar lawyer, and I can let you know that I don’t know a lot about it.

A 221(g) Refusal is an Excuse

Issuing a 221(g) is principally the State Department giving an excuse once they don’t wish to subject the visa, however they don’t have any grounds to disclaim the visa. It’s only a delay. That’s what 221(g) means beneath the immigration and nationality act. It implies that they need you to attend.

The resolution, after all, is to battle again. But for now, you need to know that you just simply have to attend. There are instances when a mandamus lawsuit is not the reply. It’s very unlucky and unfair, however that’s what 221(g) means.

How Do I Fight Back After Being Issued a 221(g)?

First, don’t panic. Many functions which might be issued 221(g) standing are resolved and accepted. For many visa candidates, a 221(g) shouldn’t be considered as the tip of the highway.  In truth, it is fairly frequent to obtain a 221 (g) visa refusal by a consular officer. Typically, these are primarily a Request for Evidence (RFE) from the officer or issued for administrative processing.  These causes don’t require further paperwork from the visa applicant.  Typically, they contain inside background checks on the applicant and/or the petitioning employer the place relevant. 

The best option to expedite resolving your 221(g) is to rent an skilled immigration lawyer that can assist you navigate the pink tape and confusion concerned in these circumstances.  We can help the applicant by explaining the explanations for the delay, and to assist an applicant take steps to deal with them, both by getting ready further paperwork or by explaining the circumstances on to the consular officer who issued the 221(g).  We can even be certain that paperwork is stuffed out appropriately and fully, which additional assists in getting approval on a visa utility.

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