American Visa Denial Pursuant To Section 221(g) Of The Immigration And Nationality Act

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 US Citizenship and Immigration Service finishes an adjudication of an American Immigration petition, if the petition is approved, the file will be sent to the US 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 matters (the categorical term for a US fiance visa), NVC processing is rather quick. This was also once the case in spousal visa cases where the bi-national couple was seeking a K-3 visa, but during the year 2010 the National Visa Center has been administratively closing many K-3 visa applications thereby requiring bi-national married couples to seek Immigrant travel documents for foreign spouses commonly referred to as either the CR-1 visa or the IR-1 visa depending upon the duration 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. However, certain aspects of consular processing remain unchanged as certain aspects of the process are derived solely from applicable United States immigration 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. Depending upon the caseload of the Consular Post, a 221(g) may be remedied rather quickly or it could take some time before a final decision is made in a given case.

by: Ben Hart

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