Returning Petitions to the United States via 221g

[morocco4ever 63]

This really is good news Limah. I know it has been a long road, and you still have a long way to go, but at least it is being addressed. Now you start really organizing and preparing your evidence. When I sent in mine I wrote a letter explaining our relationship. This was an 8 page letter btw. I spelled out everything. The things on the NOIR that they stated the reason for the return, plus everything else. The age difference, his family in the US....everything. In this letter I would reference my evidence often. I had my evidence in catagorized so that they could easily view what was in the letter as they were reading it. The consulate pretty much told my husband that this was an extremely organized rebuttal, and I believe it was a factor in readudicating it so quickly.

Hang in there Limah, and all of the others. Your time will come.

[limah 1]

This really is good news Limah. I know it has been a long road, and you still have a long way to go, but at least it is being addressed. Now you start really organizing and preparing your evidence. When I sent in mine I wrote a letter explaining our relationship. This was an 8 page letter btw. I spelled out everything. The things on the NOIR that they stated the reason for the return, plus everything else. The age difference, his family in the US....everything. In this letter I would reference my evidence often. I had my evidence in catagorized so that they could easily view what was in the letter as they were reading it. The consulate pretty much told my husband that this was an extremely organized rebuttal, and I believe it was a factor in readudicating it so quickly.

Hang in there Limah, and all of the others. Your time will come.

I know its not over, but we feel like we are making progress. Hearing something from them specifically is really good I'm jotting ideas down for a rough draft of this rebuttal letter so I dont forget anything. I'm trying to cover all the bases here. What I "think" the issue(s) could have been. VIH!, might you breeze thru the other group today?

Limah

[paisita411 0]

Limah, thank you for your update. I'm very happy to hear that you recieved a notice about your case. Its an awful feeling being in limbo. Today has been 2 months since my husband's interview, if my paperwork is processed at the same rate as yours, I should be hearing something from USCIS in July!!!!! Good luck with the next step, I'll keep you in my prayers.

Dre

[limah 1]

Limah, thank you for your update. I'm very happy to hear that you recieved a notice about your case. Its an awful feeling being in limbo. Today has been 2 months since my husband's interview, if my paperwork is processed at the same rate as yours, I should be hearing something from USCIS in July!!!!! Good luck with the next step, I'll keep you in my prayers.

Dre

Thank you and I hope u do hear something soon.

Limah

[limah 1]

For those of you that have had the opportunity to face USCIS with a rebuttal..... what are some of the things you did in preparation for it. I know how to write a letter and I have an idea of what it should say. Is there anything "special" related to these letters? Should they be constructed in a certain way? I know I have a minute before they request this from me but I feel like I can't just sit here and do nothing.

This question is being posed to the people that have ACTUALLY prepared a rebuttal packet after your spouses' petition was returned, of course anyone can reply. Thats not what Im saying. Experience is the best teacher. Sorry but I just want to get straight to the issue I'm having.

Edited April 22, 2007 by limah

[chiquita 0]

For those of you that have had the opportunity to face USCIS with a rebuttal..... what are some of the things you did in preparation for it. I know how to write a letter and I have an idea of what it should say. Is there anything "special" related to these letters? Should they be constructed in a certain way? I know I have a minute before they request this from me but I feel like I can't just sit here and do nothing.

This question is being posed to the people that have ACTUALLY prepared a rebuttal packet after your spouses' petition was returned, of course anyone can reply. Thats not what Im saying. Experience is the best teacher. Sorry but I just want to get straight to the issue I'm having.

limah

i would be more than happy to send you a copy of our NOIR and my response to it to your private e mail addy. i dont really want to post it publically.

chi

[seichelle 0]

Hi Kiya,

I'm new to VJ and have been reading as much as I can bc my husband has his interview in Amman for the K3 on 4-16-2007 and was given a 221g paper. Nothing else was said other than they need to go over his paperwork and take more information and that they would call him in 2 or 3 weeks. My husband said he thought it went nicely and the interviewer seemed sincere and positive.

But from what I've been reading on VJ about this 221g, receiving a 221g doesn't sound good. I am shocked to read that his case can be sent back to USCIS and possibly revoked or denied. It doesn't make sense to me that after the evidence I sent them, that they would need to review it again.

Is it true that the 221g is a "soft" denial? And do you know how many ppl are actually granted a visa at the embassy, after the embassy has been given time to review their case? I mean, is it possible that when they call my husband, they can grant him a visa?

Sorry for so many detailed questions for a first email but I'm sure you understand as We are ALL, unfortunately, going through this immigraion nightmare.

Any advice, comments, etc will be greatly appreciated. Also, what does AP/AR and NOIR mean?

Thanks for your time and ear:-)

--SEI--

I am protesting...I want this issue pinned!

Petitions Returned to the United States

More and more this is how Morocco is handling visa petitions, and it does not matter the amount of proof of relationship you provide. We need a central place to review/share extremely important information to help ourselves and others going through this issue. Possibly even prevent this from happening to others in the future.

I will gladly create a legible, credible, and searchable compilation of all immigration guidelines surrounding petition return/revocation, research, etc. if VJ would commit to pinning this issue for us. Even if it is only in the ME/NA forum...PIN IT PLEASE?????

~Kiya~

[PalestineMyHeart 1,897]

Hi Kiya,

I'm new to VJ and have been reading as much as I can bc my husband has his interview in Amman for the K3 on 4-16-2007 and was given a 221g paper. Nothing else was said other than they need to go over his paperwork and take more information and that they would call him in 2 or 3 weeks. My husband said he thought it went nicely and the interviewer seemed sincere and positive.

But from what I've been reading on VJ about this 221g, receiving a 221g doesn't sound good. I am shocked to read that his case can be sent back to USCIS and possibly revoked or denied. It doesn't make sense to me that after the evidence I sent them, that they would need to review it again.

Is it true that the 221g is a "soft" denial? And do you know how many ppl are actually granted a visa at the embassy, after the embassy has been given time to review their case? I mean, is it possible that when they call my husband, they can grant him a visa?

Sorry for so many detailed questions for a first email but I'm sure you understand as We are ALL, unfortunately, going through this immigraion nightmare.

Any advice, comments, etc will be greatly appreciated. Also, what does AP/AR and NOIR mean?

Thanks for your time and ear:-)

--SEI--

A 221g is not necessarily a "soft denial"..... in fact, usually it isn't. The wording can sound intimidating -- "We are unable to issue a visa blah blah blah" -- but it's just the standard form. It is used for any case where they need additional info, as well as where they intend to return the case to USCIS.

What exactly did your 221g state as the reason for the delay ?

Most of the time, a 221g means they want more evidence from you, or a particular piece of paperwork like a police report or a birth certificate, or because they need additional time to complete the review and security checks. Usually they will tell you straight up if they are returning the petition to USCIS.

So please let us know what exactly your 221g said.

-MK

[~kiyah~ 14]

Hi Kiya,

I'm new to VJ and have been reading as much as I can bc my husband has his interview in Amman for the K3 on 4-16-2007 and was given a 221g paper. Nothing else was said other than they need to go over his paperwork and take more information and that they would call him in 2 or 3 weeks. My husband said he thought it went nicely and the interviewer seemed sincere and positive.

But from what I've been reading on VJ about this 221g, receiving a 221g doesn't sound good. I am shocked to read that his case can be sent back to USCIS and possibly revoked or denied. It doesn't make sense to me that after the evidence I sent them, that they would need to review it again.

Is it true that the 221g is a "soft" denial? And do you know how many ppl are actually granted a visa at the embassy, after the embassy has been given time to review their case? I mean, is it possible that when they call my husband, they can grant him a visa?

Sorry for so many detailed questions for a first email but I'm sure you understand as We are ALL, unfortunately, going through this immigraion nightmare.

Any advice, comments, etc will be greatly appreciated. Also, what does AP/AR and NOIR mean?

Thanks for your time and ear:-)

--SEI--

Hi SEI. Section 221g of the INA is used by the Department of State. For the most part this section is used to communicate additional evidence needed, administrative review, or administrative processing. However, section 221g is also used to communicate that a petition/application is being returned to the USCIS office where it was originally filed for review and ultimately revocation.

Acronym Key:

AP = Administrative Processing

AR = Administrative Review

NOIR = Notice of Intent to Revoke

NOID = Notice of Intent to Deny

You need to see what the 221g says in your specific case...this document will say in black and white whether it is being returned or not. The space underneath 221g checked on the document received by the applicant will be specific in regards to additional evidence, AP, AR, and even petition return.

If the document states the petition/application is being returned, it will say something like this:

"We have returned your application and petition to the Department of Homeland Securitys Citizenship and Immigration Service. Any further inquiries to your application and petition can be directed to their attention and the CIS office where the petition was originally filed."

This is a refusal or soft denial to issue a visa under Section 221g of the INA, also stating petition/application return to USCIS. The USCIS, not the embassy reviews the case. It does not turn into a hard denial until the USCIS actually revokes (denies) it, and even that happens after the petitioner is given an opportunity to rebut the visa refusal.

I am sure you will be fine, we do not see alot of petition returns out of Amman. To ease your mind, make sure the beneficiary sends you a copy of the 221g they received at the conclusion of their interview. This document will be specific about what is happening to the visa application.

I hope this helps.

~Kiyah~

Edited April 23, 2007 by Kiya

[limah 1]

Abdel and I both got this email this morning..... I thought the I-129 expired. Why and how was it transferred? What are they processing the return or the expiration?

Ok folks, as if this ain't confusing enough!

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: MSC**********

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: This case has been sent to another office for processing.

On April 23, 2007, we transferred this I129F PETITION FOR FIANCE(E) to our

CALIFORNIA SERVICE CENTER location for processing and sent you a notice

explaining this action. Please follow any instructions on this notice. You will

be notified by mail when a decision is made, or if the office needs something

from you. If you move while this case is pending, call customer service. We

process cases in the order we receive them. You can use our processing dates to

estimate when this case will be done. This case has been sent to our CALIFORNIA

SERVICE CENTER location. Follow the link below to check processing dates. You

can also receive automatic e-mail updates as we process your case. Just follow

the link below to register.

If you have questions or concerns about your application or the case status

results listed above, or if you have not received a decision from USCIS within

the current processing time listed*, please contact USCIS Customer Service at

(800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov

under Case Status & Processing Dates.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

Edited April 24, 2007 by limah

[Dave_Thao 0]

What happens to your case file when you file a FOIA? Do they send the my case from CSC to NRC in Missouri. CSC told me that they don't have any documetation that they received my file from NVC. They said once my FOIA is resolved they will try to locate my file. NRC tells me it will take at least 12 months to get to my FOIA. Did I just add another year to the process by filing an FOIA?

[paisita411 0]

Ok..Dave....PLEASE don't freak us out!!!! what is NRC? And please explain yourself clearly. I have a K3 case sent back for NOIR which I havent recieved yet, but I submitted the FOIR last month. The last thing I need to hear is that I'm setting myself back. Where are you in the process?

[Dave_Thao 0]

I am sorry if I freaked you out. I didn't mean to. NRC is National Records Center for the Department of Homeland Security USCIS. It is located in Missouri.

Our I129-f petition was denied and sent back with 221g denial. It was received by NVC and sent to CSC. My congressional liaison sent me an email from CSC stating that they received it:

From CSC 2-07-07

Thank you for your inquiry regarding the above listed 129f F petition. Said petition was returned to the California Service Center (CSC) by the State Department's [consulate/NVC] for review and was received in the CSC on or about 2/6/2007. All returned petitions are reviewed in the order in which they are received, and due to the high volume of petitions returned to our center daily and the various complexities involved in returned petitions, we may make no predictions as to the amount of time necessary to complete our review nor may we release the reasons for return to our center until the review is completed.

Once adjudicative review is completed, a CSC officer will notify the petitioner of his findings and what actions are available to the petitioner in response. If the petitioner has not received any notice from our center within eight to ten months of this notice, please do not hesitate to contact our office for additional information

The congressioal Liaison recently asked about my case at CSC and she received this email:

From CSC 2-18-07:

The A-file was recently received by this office and is currently pending FOIA action. There is no update showing the petition has been returned to this office for further action from the Department of State.

Once the FOIA request is completed, you may contact this office to insure the petition was returned to this office. Once received into our system, it will be approximately 12 months before final action is taken.

I don't know where my case is now. I called NRC and they said I am 77,800 on a list of 88,700 FOIA request. They are working on requests dated November 2005 and it would be 12-18 months before they would get to mine. I am not sure if this works in parallel with my returned case or if I have to wait until the FOIA is resolved.

I am waiting to here back from CSC about where my case is located.

[paisita411 0]

OMG! I'm more freaked out now! Maybe I need to write and cancel my FOIA request. What is the congressional liason saying now? I'm soooo sorry about this. I trully hope and pray its just a mix up. This RED TAPE can't be the way to treat USCs! It makes me CRAZY!!!!! I hope KIVA and CHIQUITA can chime in and lend their expertise on this one. DAVE keep you head up and keep us posted. You're in my prayers. This is a nightmare for all of us.

Dre

[limah 1]

Hey Guys n' Gals,

I don't know how true it is that filing an FOIA actually slows down the process. I have heard that it does. There are very few people that can actually get that info. I have the letter from my husband giving me authorization to request it but I never did. Too many people say its a waste of time, and now that I'm hearing more often than not... that it slows down the process...................

I hope thats not the case for your sake!

Good Luck and I hope your congressional reps have some answers for you soon. My reps have been pretty consistent.