In any nonimmigrant visa (NIV) case involving a refusal, Consular officers are required to provide the applicant with a “Refusal Worksheet.” Many of the refusals are based on Section 221 (g) of the Immigration and Nationality Act. Section 221(g) provides for a temporary refusal when an application is lacking a specific document, or when a consular officer decides that additional security clearance is required.
Consular officers use 221(g) as a way of giving applicants the chance to provide documents which were missing at the interview. After the deficiency is satisfied, the 221(g) refusal is “overcome” and the visa may be issued.
The following are examples of events that often lead to a 221(g) refusal:
1. The applicant is asked to provide additional supporting documents, such as proof of local employment;
2. The applicant is employed in a field listed on the US Technology Alert List (TAL) and the consular officer requests a Security Advisory Opinion from Washington. In these cases, the applicants are told that their cases require “administrative processing.”
3. The consular officer requests an Advisory Opinion from the Visa Office in Washington on some matter that might make the applicant in-admissible to the US.
4. There are no empty visa pages in the applicant’s passport, or the application photograph does not meet quality standards.
Recently the Department of State reminded consular officers that 221(g) is sometimes used too much. In fact, the Department of State urges consular officers to try to approve or to deny a visa application at the window, because some consuls use 221(g) just to avoid decisions.
The Foreign Affairs Manual advises consular officers to use 221 (g) as little as possible because in most cases the 221(g) refusals are overcome. According to a Visa Office report, 694,620 non-immigrant visa applications were refused under 221(g) in fiscal year 2010. Of this number, 617,155 of these, (nearly 89%), were overcome and the visas were issued.
In other Consulate news: Recently, there was also some new guidance to consular officers on the automatic petition conversion that happens after the death of a petitioning US citizen spouse. This new guidance states that USCIS regulations allow for the automatic conversion of a spouse petition if the petitioner was a US citizen. No further action is required by USCIS to automatically convert the petition.
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Q.1. If a tourist or business visa is denied, what documents should the applicant provide when re-applying for a visa?
A.1. The only way to succeed in a second visa application is to provide new, more convincing evidence than was presented at the first interview.
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Q.2. In a spouse case, if the US citizen sponsor dies, how long did the couple have to be married in order for the widow to be eligible for a visa?
A.2. In the past, they had to be married for 2 years before the citizen sponsor died. That law has been changed and now there is no minimum amount of time required.
Consular officers use 221(g) as a way of giving applicants the chance to provide documents which were missing at the interview. After the deficiency is satisfied, the 221(g) refusal is “overcome” and the visa may be issued.
The following are examples of events that often lead to a 221(g) refusal:
1. The applicant is asked to provide additional supporting documents, such as proof of local employment;
2. The applicant is employed in a field listed on the US Technology Alert List (TAL) and the consular officer requests a Security Advisory Opinion from Washington. In these cases, the applicants are told that their cases require “administrative processing.”
3. The consular officer requests an Advisory Opinion from the Visa Office in Washington on some matter that might make the applicant in-admissible to the US.
4. There are no empty visa pages in the applicant’s passport, or the application photograph does not meet quality standards.
Recently the Department of State reminded consular officers that 221(g) is sometimes used too much. In fact, the Department of State urges consular officers to try to approve or to deny a visa application at the window, because some consuls use 221(g) just to avoid decisions.
The Foreign Affairs Manual advises consular officers to use 221 (g) as little as possible because in most cases the 221(g) refusals are overcome. According to a Visa Office report, 694,620 non-immigrant visa applications were refused under 221(g) in fiscal year 2010. Of this number, 617,155 of these, (nearly 89%), were overcome and the visas were issued.
In other Consulate news: Recently, there was also some new guidance to consular officers on the automatic petition conversion that happens after the death of a petitioning US citizen spouse. This new guidance states that USCIS regulations allow for the automatic conversion of a spouse petition if the petitioner was a US citizen. No further action is required by USCIS to automatically convert the petition.
-----------------------------------------------------------------------------------------------
Q.1. If a tourist or business visa is denied, what documents should the applicant provide when re-applying for a visa?
A.1. The only way to succeed in a second visa application is to provide new, more convincing evidence than was presented at the first interview.
-----------------------------------------------------------------------------------------------
Q.2. In a spouse case, if the US citizen sponsor dies, how long did the couple have to be married in order for the widow to be eligible for a visa?
A.2. In the past, they had to be married for 2 years before the citizen sponsor died. That law has been changed and now there is no minimum amount of time required.
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