221(g) Denial

221(g) Denial

221(g) Denial

This piece examines visa denials issued pursuant to section 221(g) of the American Immigration and Nationality Act. U.S. Citizens who are in an ongoing relationship with a foreign born fiance(e) or spouse will be required to submit a petition for visa benefits in order to hope to ultimately be granted United States Immigration benefits. That said, simply submitting an immigration petition to the United States Citizenship and Immigration Service (USCIS) is simply one phase of the US visa process as most foreign loved ones must go through consular processing at a United States Embassy, Consulate, or Mission outside of the USA. After the United States Citizenship and Immigration Service completes an adjudication of an Immigration petition, if the case is approved then the case file will be forwarded to the American State Department's National Visa Center (NVC). In a way, the National Visa Center is something akin to a clearinghouse for United States visa applications and the documentation which is attached thereto. In K-1 visa cases (the technical term for a United States fiancee visa), NVC processing is comparatively fast. At one time, this was also the case in U.S. Marriage visa matters where the bi-national couple was seeking a K-3 spouse visa, but at one point during the year 2010 the National Visa Center began administratively closing many K-3 visa applications thereby compelling many bi-national married couples to seek Immigrant travel documents for foreign husbands and/ or wives commonly referred to as either the CR-1 visa or the IR-1 visa depending upon the elapsed time period since the date of the underlying marriage. In any case, after NVC processing is complete the US visa application will be directed to a United States Mission abroad for the visa interview. The visa interview process is different at each Post abroad. Although, some characteristics of consular processing remain the same as some facets of the process are derived solely from relevant United States Federal law. The 221(g) is a visa refusal, although it is sometimes referred to as a denial depending upon the federal agency parlance used to describe the action. In any case, those issued a 221(g) are generally not granted a visa until further documentation is presented to the Consulate or some other deficiency is remedied. In certain instances, a 221(g) denial might be issued concurrently with a finding that a foreign national is legally inadmissible to the United States. Under such circumstances, the only way of dealing with the finding of inadmissibility is through use of an I-601 waiver. However, not all grounds of inadmissibility can be waived. Therefore, those who believe that they may be inadmissible are well advised to contact an American attorney for further information in an effort to efficiently and effectively process an application for visa benefits. Taking into consideration the caseload of the various Consular Posts around the globe, a 221(G) refusal may be remedied quite fast or it could take a great deal of time before a finalized decision is made in a pending case.

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