My dad received 221(g) Form after interview!!!

[-cK- 0]

My parents had their interview last Dec. 8 at the US Embassy in Manila for the IR5 petition. My mom was granted a visa but my dad was put in Administrative Processing!!! See, my dad has been working in Libya for 22 years and when the war broke out they had to be sent back to the Philippines for safety reasons. When the Consulate Officer asked my dad if he was granted a US Visa and after a few weeks Libya gave him a visa would he go back to Libya. My dad answered yes because at the back of his mind he as to go back to leave the company in good terms...to retire...and be able to get his retirement package that he worked for all these years. The CO said he hasn't encountered a situation like my dad's and he wanted the US Homeland Security to make a decision. When they gave him the letter, there was nothing needed...all he has to do is wait. But I read online that getting a 221(g) is another term for REFUSAL and he does not fit in any category for the Immigration and National Act Section 221(g).

No additional documents needed. Both of my parents passport are with the US Embassy. Any suggestion on what to do next?!?!?

Edited December 9, 2011 by -cK-

[bigdog 376]

Interesting facts, lets see what happens.

[-cK- 0]

My dad received a 221(g) form after his interview last Dec. 8 at the US Embassy in Manila. There are no forms needed. It's the fact that he worked in Libya for 22 years and was asked if he'd go back once granted a US Visa and the travel ban for Libya be lifted. My dad said yes because he wanted to leave the company in good terms and be able to get his retirement package that he's entitled to get. They told him it's ok if he doesn't give them his passport but my dad gave it to them anyways.

I don't know what to do...

[JoannaV 174]

Did he explain that he would only go back temporarily, and he had no intention on returning there to work permanently?

[JimVaPhuong 4,863]

A consular officer can't deny or even postpone the issuance of a visa without giving a reason. Section 221(g) provides a convenient catch-all that allows a consular officer to use their discretion to postpone the issuance of a visa. Technically, a 221(g) is a denial, but it's usually not a final decision.

Section 221(g) basically just says the consular officer can't issue a visa if the alien appears to be ineligible, inadmissible, or the application doesn't comply with the statutory requirements. That covers a very broad spectrum of possibilities. A final denial would usually cite the specific section of the law rather than 221(g). For example, a denial for the public charge requirement would cite 212(a)(4), while a denial for misrepresentation would cite 212(a)(6). They would only cite 221(g) on a final denial if it was based solely on the CO's discretion.

My guess is they want DHS to investigate what your dad was doing in Libya, and make sure he wasn't working for the Libyan government in a role that would make him accountable for acts of that government, and also that he wasn't associated with any terrorist organizations. They would do the same if the applicant was Libyan.

[-cK- 0]

Did he explain that he would only go back temporarily, and he had no intention on returning there to work permanently?

When my dad said "Yes" the CO replied "To Retire?", my dad said "Yes". Then that's when he said that he hasn't had this situation before and had to have US Homeland Security decide on the matter. My dad works at an oil company that's 49% owned by an American Company & 51% owned by Libya.

[Zen Den 18]

My dad received a 221(g) form after his interview last Dec. 8 at the US Embassy in Manila. There are no forms needed. It's the fact that he worked in Libya for 22 years and was asked if he'd go back once granted a US Visa and the travel ban for Libya be lifted. My dad said yes because he wanted to leave the company in good terms and be able to get his retirement package that he's entitled to get. They told him it's ok if he doesn't give them his passport but my dad gave it to them anyways.

I don't know what to do...

is that what the form somewhat says? what was the reason? (item from the INA that states the basis for deciding that he' s ineligible to get a visa)

[ndu26 114]

When my dad said "Yes" the CO replied "To Retire?", my dad said "Yes". Then that's when he said that he hasn't had this situation before and had to have US Homeland Security decide on the matter. My dad works at an oil company that's 49% owned by an American Company & 51% owned by Libya.

The fact that he just answered "yes" to that question " to retire?" may not hav ebeen enough. if I had not read you full posts I being in the CO's shoes would assume "yes" means he would go back back to Libya and continue living till retirement again. Who knows, maybe if he had explained that "to retire" means to complete retirement paperwork and NOT live there till retiremnet , the outcome may have been different.

Once they do their backgorund work hopefully everything will go well.

You as the petitioner can always email the consulate of interview quoating their case numbers in subject line, stating what happened and requesting an explanation of the decision.

pls keep us posted....all the best

[-cK- 0]

The fact that he just answered "yes" to that question " to retire?" may not hav ebeen enough. if I had not read you full posts I being in the CO's shoes would assume "yes" means he would go back back to Libya and continue living till retirement again. Who knows, maybe if he had explained that "to retire" means to complete retirement paperwork and NOT live there till retiremnet , the outcome may have been different.

Once they do their backgorund work hopefully everything will go well.

You as the petitioner can always email the consulate of interview quoating their case numbers in subject line, stating what happened and requesting an explanation of the decision.

pls keep us posted....all the best

I e-mailed the DHS that's in the US Embassy in Manila following up on my dad's case and I was told to e-mail the Immigrant Visa Section of the same location. I don't know if I'm being passed from one area to another but the CO said he's forwarding the documents to DHS in Manila for further evaluation.

[-cK- 0]

is that what the form somewhat says? what was the reason? (item from the INA that states the basis for deciding that he' s ineligible to get a visa)

Their reason doesn't apply INA. The CO marked "Other" and the reason "wait".

[JimVaPhuong 4,863]

I e-mailed the DHS that's in the US Embassy in Manila following up on my dad's case and I was told to e-mail the Immigrant Visa Section of the same location. I don't know if I'm being passed from one area to another but the CO said he's forwarding the documents to DHS in Manila for further evaluation.

They either don't know anything or they're unwilling to tell you anything. There's no point in pressing the issue. Keep contacting the IV section for status inquiries, as they indicated.

[Penguin_ie 5,993]

**** Two topics merged. PLease do not start more than one topic on an issue. *****

[ndu26 114]

I e-mailed the DHS that's in the US Embassy in Manila following up on my dad's case and I was told to e-mail the Immigrant Visa Section of the same location. I don't know if I'm being passed from one area to another but the CO said he's forwarding the documents to DHS in Manila for further evaluation.

Eaxctly its the IV section that you should email. state their case numbers, the preference category (IR-5 ) . Let thm know your parents sjust interviewed on so and so date and you would like to have information on the decision for your dad. best of luck,

[-cK- 0]

YAY!!! My dad was issued a visa after 1 week of being under AP :dance: I e-mailed them re: his visa stating that he doesn't fit any of the INA Category. He got a white paper where the only thing marked was "WAIT". Awesome Christmas present!!!!