How Long Does It Take Uscis to Receive a Section 221g Denied Visa for Review
Updated on March 14, 2022
People planning to visit the United States usually have to undergo a visa interview process earlier they are immune to enter the country. The interview procedure takes identify at a The states diplomatic mission or consulate in your home country or the country you are currently in.
During the interview, all your documents and information will exist reviewed and you will be questioned virtually the reasons you are traveling to the United states of america.
Once the strange service officers take checked all your documents, they decide whether your visa will be approved or rejected. In other cases, you might be issued a 221g, which is the request for additional information to verify your example.
If you are issued a 221g, yous are neither rejected nor accustomed for getting a visa to enter the United States. A 221g merely places you on hold to asking additional information from you about your visa process.
What is a 221g refusal?
A visa refusal nether section 221g of the Clearing and Nationality Act (INA) ways that information is missing from your awarding or that more processing time is needed.
Although the word "refusal" might bring anxiety to most trudging forth through their visa journey, it really just ways that the consulate or diplomatic mission you are conducting your interview with needs more than information to handle your instance.
3 big reasons why a 221g refusal may be issued
There are three principal reasons why the visa officer at the embassy or consulate will issue yous a 221g refusal:
ane. Background check
If you come from another religion or work in an industry which is on the technology alert list (TAL), you might be put under review past the consulate.
Industries in the TAL include people working in engineering, pharma, or biotech. If this is the example for you lot, yous might have to go through extra groundwork checks on your family or employment history.
2. Employment check
The U.s.a. will usually practise an extra employment check if you piece of work in a consultancy that is hard to define. This extra check is to dig in a trivial deeper to what exact piece of work and projects yous are currently working on.
three. PIMS
A PIMS is a client/server awarding that applicants need to fill out. Yous will exist issued a 221g if you haven't updated this data notwithstanding. In this instance, the 221g simply puts your visa processing on concur until all data has been updated.
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What happens after a 221g refusal?
At present that the Department of Land has issued yous a 221g, they will consequence y'all a slip with an assigned case number to your stamping. Usually, the case number starts with the yr your interview took place and is followed by your assigned case number.
Depending on your case, you will have to submit the corresponding documents needed to become through your visa awarding procedure. You will take the option to submit your documents electronically or at the VFS Dropbox.
Don't worry so much virtually the logistics of this role—all the information nearly the documents and where you lot have to submit them will be stated on your skid.
Once you have submitted all the required supporting documents, it is fourth dimension to wait to see if your visa will be canonical or non.
If the consulate decides to issue yous the visa, they will ask for your passport then that they can officially stamp the visa. In the unfortunate case your visa gets rejected, the consulate will return all original documents to you.
221g authoritative processing maximum time
The 221g administrative processing maximum time varies based on a variety of factors, including if additional information is requested, what additional documents are requested, where you are located, and more than.
In most cases, 221g administrative processing will be completed within 60 days—typically around 3-4 weeks. In some instances, notwithstanding, some 221g processing times tin take many months or even over a year.
Note that you volition likely exist asked non to inquire about your instance for at least 180 days.
What does the revocation and reevaluation process involve?
As mentioned, petitions can be refused for a diverseness of reasons. For example, a consular officer may notice issues in your groundwork – your blessing may exist a result of misrepresentation, fraud, or other means that are against the law. In this instance, the officeholder has the right to refuse the visa that was claimed under the 221g provision.
Yet, this rejection does not automatically mean that everything is over. Once the interview is over, the case volition be returned to the USCIS and so that the determination tin can be reconsidered. The issue can stop in two different ways: the approved petition can either be revoked, or it can be proved lawful – meaning that the individual will go their visa.
This revocation process can be rather burdensome and lengthy. The 221g processing time tin can take a few months, and in the more than unfortunate cases, it tin can take every bit much as a few years. In near cases, neither the applicant nor the employer is willing to wait that long. Most applicants would expect for other employers, just equally most employers would start looking for new employees.
221g refusal administrative process
If the petition is returned and both parties decide to go through the process, here are the steps that are generally followed:
The US consulate will review the returned petition, and the fraud management will enter information technology into the fraud database. The 221g processing fourth dimension may have up to iii months until the NVC receives the diplomatic pouch to review the petition over again.
1. NVC Petition Review
The NVC will review the petition and transport it dorsum to the USCIS service middle. This process may also take upward to i month.
two. Service Center Petition Review
The service center will review the petition, and the consular officeholder volition begin making notes on the case. Bear in mind that returned applications are of a lower priority compared to new ones. This ways that their revision might have quite some time afterward the new petitions have been resolved.
3. Notice of Intent to Deny
The USCIS service center will either requite a NOID (Discover of Intent to Deny) or a NOID (Notice of Intent to Revoke), depending on the observations of the consular officer. A notice will be sent to the i who signed the petition.
four. Right to Reply
Depending on the answer given by the service center, the petitioner has the right to respond with no evidence inside 30 to sixty days. Once the new prove has been addressed, it will be decided whether the original petition will exist reaffirmed or denied. An official alphabetic character with the result volition be issued.
5. New Evidence
If the petition has been reaffirmed, the centre volition send the petition along with the new testify to the consulate—including the recommendation for issuing a Us visa.
6. Interview Appointment Issued
The beneficiary will be informed by the consulate virtually the interview date. The procedure may vary, depending on the consulate.
seven. The Visa is Issued or Denied
The consular officer in charge of conducting the interview of the petitioner volition either issue the visa or result a visa refusal via department 221g. If the petition is one time more than denied, it will become dorsum to the USCIS along with a revocation recommendation – and the procedure will beginning again.
Most of the administrative processes should exist resolved in threescore days, at about. Even so, depending on the complexity of your instance, the 221g processing time may take longer.
five ways to follow up on your 221g
There are several means to follow upwardly on your process, but you should expect a minimum of at to the lowest degree 60 days before making any inquiries. Below, we list several ways you tin can go about to notice out where y'all stand on your 221g process:
one. Check out the VFS website
The first option you accept is to check out the website of the consulate and track your passport or instance number electronically. Please note that only some consulates offer electronic tracking and that not every consulate offers this service.
2. Call the consulate
If you want, you can simply give the consulate a call to notice out where your paperwork lies in the procedure. Keep in heed that they probably won't be able to give y'all specific details on the instance – but it's worth a shot to effort!
three. Ship an email
Check out the website of the consulate and simply send them an email requesting more information. Please too note that – like with calling- you are not guaranteed actress data on where you are at in your procedure.
iv. Call or transport an e-mail to the DOS
The DOS or the Department of State in Washington DC might be able to give you a fleck more information. DC is a busy place, however, so the chat will most likely be very short and might exit you with little to no extra information as well.
If you decide to call the DOS, you lot can get their contact information at the DOS homepage.
5. Contact your Senator
If yous already work in the United States you might exist able to e-mail or call your senator. Please only practice this if your process has been pending for more sixty days. Senators are as well extremely busy and so try not to carp them if you have not reached the 60-day mark.
At that place is no guarantee you will get data, or that getting in contact with the right representatives volition expedite the 221g process. Even so, if a long time has passed, it might put y'all at ease to find out more information about your case.
Does a longer processing time automatically mean rejection?
A longer 221g process does not hateful you lot volition get rejected from getting a visa in the United States. Some cases just take more authoritative work than others practise because of the complexities of a certain instance.
In one case you have been asked to submit your passport, however, it is a good sign that you are on your way to getting an canonical visa. Practice not stress if you have non been asked for your passport because it just might take longer for them to ask for information technology for your unique case.
I know information technology is hard but endeavor to relax and to stay calm because authoritative processing e'er takes a long time.
What are other ways to go a visa in the United states?
Unfortunately, at that place are non many alternatives to getting a visa once you receive a visa deprival. These are your main two options:
1. Different visa category
You could try to utilize to a different visa category than the one you are currently in now. You lot can exercise this without having to withdraw your current awaiting 221g process and then that you do not have to go through the unabridged visa process again. However, it is of import that you are eligible for the new visa category.
2. Aforementioned visa, different employer
The second pick you lot accept is to utilise for the same visa category but with a dissimilar employer. Like in the start selection, in this case, yous do not need to withdraw your current 221g petition, notwithstanding, yous practise need to go through the whole visa procedure once again, including doing another interview.
What do I exercise afterwards my 221g petition gets rejected?
In case your 221g petition gets rejected, the consulate will transport your petition dorsum to the USCIS and all your original documents will be returned to you—except for the 797, which will be sent to the USCIS. This document will be sent to the USCIS with comments and so they can reconsider your petition.
Once the USCIS has received all relevant documents, they will send you a notice of receipt to notify you that they volition start the 2d evaluation process.
This second period of evaluation commonly takes between two and iii months, which by the end of, you lot volition either exist issued a Find of Intent to Revoke NOIR, or a Detect of Intent to Deny, NOID.
Depending on their answer, your petition will exist reinstated or denied. If they reinstate it, they volition send all relevant documents to the consulate and enquire you to make some other appearance there as well to go along the visa process.
Concluding thoughts on 221g
Alas, this is a very complicated process that tin can take very long and frustrate many hopeful applicants. We hope this article has helped you to understand the entire process better so that you are aware of what'due south going on at each stage and what you lot tin practice while you wait for your answer.
Nosotros know it'due south hard, but we recommend you to stay at-home and only expect until yous become your response. You tin not change annihilation if you call a hundred times a day or send a thousand emails to the Department of State and your consulate.
You might really hurt your case if you make up one's mind to testify so much impetuousness so nosotros recommend that you relax and stay calm.
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