In AP: Retaining an Attorney

[BeanCamp 28]

My case has been smooth sailing until after the interview. Read my timeline for the stats. Just to summarize, CO informed my fiance he was approved and gave him a green stub attached to visa delivery instructions. About three weeks later received an email from the embassy stating in Administrative Processing. Two weeks later I called DOS who stated our case denied under 221(g)and DOS acknowledged the case notes did not state anything about 221(g) denial. . Sent another email to the embassy asking why my fiancé was told approved but DOS is stated case is coded with 221(g). Received a response a week ago from the embassy stating " ... No discrepancy and applicant would not need to be informed. However case administrative processing and will be completed in due course. "

I was in the process of speaking to my congressperson office. But I wonder how effective it would be to also have an attorney inquire on my behalf . Reason being, after reading through the embassy website they themselves are not following the application process they post online.

I have read a few VJ cases were an attorney can write a letter on your behalf. My question is if I have an attorney represent me in a letter is there an authorization form I would have to complete first? I remember some of the DS forms had boxes for attorney info. But since no attorney was retained before now how would I authorize?

[sus 70]

Honestly, at this point - get your Senator and your Congressman involved - an attorney isn't going to be able to do much besides bill you.

[HawaiianCecil 31]

I agree.....The embassy will not respond any better/faster to an attorney than they will you. Get your congress person involved, write a formal letter of complaint to the embassy and hope that they respond.

[Jawaree 718]

If there might be underlying issus get an atty by all means, but if its AP U, senator & atty will get generic

answers in AP with no timeline ...really I wish U hear something soon sis.

[florida4life 29]

http://allabout221g.wordpress.com/types/

There are some common recurring reasons as stated by the consulates to why 221(g) was issued. So here is a list of usual reasons the consulate officer gives an applicant 221 (g) with the most probable color.

1. Name check, background check (Blue, Yellow a Green)

An applicant is put under administrative processing in this category

• If there is a name hit with the database. Common last names sometimes can be the reason for this and the consulate forwards the case to an agency to clear or establish the applicant’s identity.
• If the applicant overstayed a previous stay in US or violated the rules of a previous visa. This includes individuals who went out of status for a short term due to an expired visa while a new visa a filed.
• Some common religious last names
• The employee educational background does not match with the job description or employee does not have qualifications for the job

2. Security review, background check (Blue)

This is given to an applicant when:

• There is name hit in the security database
• Admissibility issues due to security, legal or criminal concerns (such as pending traffic tickets, guilty ruling in a criminal offense etc)
• Previous relation or visit to a unfriendly country
• Work background in restricted technology areas on the Technology Alert List
• Suspicion of document forgery

3. Application needs additional information (Pink, White)

The application is put on hold through 221 (g) and additional information is requested when

• Vital information is missing from the application
• The information provided during the interview conflicts with the information provided on the application
• Not enough information to establish that the visa can be granted
• Validating host – sponsoring company, university, relation
• Not enough information or supporting documents from employer

4. Not enough Supporting documentation (Green, Yellow)

Additional documentation is requested through a 221(g) when:

• Additional documents to ascertain the legitimacy of the application beyond the primary proof (marriage certificate for H4, employment letter for H1, admission letter for F1, supporting letter for visitor etc.) to establish the need for the visa
• Financial information to establish supportability – bank statements, tax filings, payments
• To ensure the correct credentials – the job profile matches the educational background, the business credentials qualify for B1 etc.,
• Unclear relationship- employee-employer (EVC model), family, relationship with a sponsor etc.,

5. Document and information validation (Yellow)

In cases where the documentation provided is not able to be verified immediately the consulate issues 221 (g) until the supporting documents can be checked. This might include:

• Calling the organization (School, University, Company, Financial institution) that issued the document
• Using an agency or third party of verify the documentation
• Request to provide further documentation

6. EVC Model, Employee-employer relation (Green, Yellow, Pink, Blue)

Usually issued when the applicant is working at a vendor other than the employer. The following are the reasons:

• The application is sent to USCIS for verifying the eligibility of the candidate
• The employee-employer relation not properly established
• Job duties have changed significantly with the vendor and no amended petition was filed
• Not enough information about the vendor or the client
• Job profile does not match with employee background

7. Verifying legitimacy of the candidate for the visa type (Pink, Blue, Yellow)

Sometimes when the consulate feels the candidate may not be fit for the visa applied they issue 221 (g) to ascertain the eligibility. This applies when:

• Applicant does not seem to have qualification for the visa type
• Suspicion the applicant would not leave US after the visa period

[BeanCamp 28]

<p>http://allabout221g.wordpress.com/types/ There are some common recurring reasons as stated by the consulates to why 221(g) was issued. So here is a list of usual reasons the consulate officer gives an applicant 221 (g) with the most probable color.1. Name check, background check (Blue, Yellow a Green)An applicant is put under administrative processing in this category

• If there is a name hit with the database. Common last names sometimes can be the reason for this and the consulate forwards the case to an agency to clear or establish the applicants identity.
• If the applicant overstayed a previous stay in US or violated the rules of a previous visa. This includes individuals who went out of status for a short term due to an expired visa while a new visa a filed.
• Some common religious last names
• The employee educational background does not match with the job description or employee does not have qualifications for the job

2. Security review, background check (Blue)This is given to an applicant when:

• There is name hit in the security database
• Admissibility issues due to security, legal or criminal concerns (such as pending traffic tickets, guilty ruling in a criminal offense etc)
• Previous relation or visit to a unfriendly country
• Work background in restricted technology areas on the Technology Alert List
• Suspicion of document forgery

3. Application needs additional information (Pink, White)The application is put on hold through 221 (g) and additional information is requested when

• Vital information is missing from the application
• The information provided during the interview conflicts with the information provided on the application
• Not enough information to establish that the visa can be granted
• Validating host sponsoring company, university, relation
• Not enough information or supporting documents from employer

4. Not enough Supporting documentation (Green, Yellow)Additional documentation is requested through a 221(g) when:

• Additional documents to ascertain the legitimacy of the application beyond the primary proof (marriage certificate for H4, employment letter for H1, admission letter for F1, supporting letter for visitor etc.) to establish the need for the visa
• Financial information to establish supportability bank statements, tax filings, payments
• To ensure the correct credentials the job profile matches the educational background, the business credentials qualify for B1 etc.,
• Unclear relationship- employee-employer (EVC model), family, relationship with a sponsor etc.,

5. Document and information validation (Yellow)In cases where the documentation provided is not able to be verified immediately the consulate issues 221 (g) until the supporting documents can be checked. This might include:

• Calling the organization (School, University, Company, Financial institution) that issued the document
• Using an agency or third party of verify the documentation
• Request to provide further documentation

6. EVC Model, Employee-employer relation (Green, Yellow, Pink, Blue)Usually issued when the applicant is working at a vendor other than the employer. The following are the reasons:

• The application is sent to USCIS for verifying the eligibility of the candidate
• The employee-employer relation not properly established
• Job duties have changed significantly with the vendor and no amended petition was filed
• Not enough information about the vendor or the client
• Job profile does not match with employee background

7. Verifying legitimacy of the candidate for the visa type (Pink, Blue, Yellow)Sometimes when the consulate feels the candidate may not be fit for the visa applied they issue 221 (g) to ascertain the eligibility. This applies when:

• Applicant does not seem to have qualification for the visa type
• Suspicion the applicant would not leave US after the visa period

Very informative! My fiancé was not given any information about a 221(g) denial at the end of his interview. He was given a sheet titled "DHL Confirmation Instructions" with a green stub attached. I spoke with one attorney who pretty much said nothing could be done.( attorney worked as immigration attorney for our cogressmans office). So since embassy will keep saying AP. nothing to do but wait

[BeanCamp 28]

I agree.....The embassy will not respond any better/faster to an attorney than they will you. Get your congress person involved, write a formal letter of complaint to the embassy and hope that they respond.

I defintely plan on writing a letter of complaint...just mostly likely after we are issued. For some reason I fear some form of retaliation may happen. This is so frustrating waiting with no answer. After seeing updates each week for the last month, no updates on our case all of last week. So not sure what to think...will they be issuing it, is it sitting in a pile, or did they decide to send to US. I guess if they are claiming the case was not denied under 221(g) then i can speculate our file is sitting in a pile somewhere. There is another K1'er who had the same interview date as us and is still waiting for visa to be issued. So not sure if it has anything to do with our date. All I know is it is another week of torture not knowing when or if our visa will be issued. I did follow through with our Congress person who was working on our inquiry today. Pray we get it soon. I know this is the man I want to marry, because if he wasn't I surely would not be putting myself through this emotional rollercoaster.

[HawaiianCecil 31]

I defintely plan on writing a letter of complaint...just mostly likely after we are issued. For some reason I fear some form of retaliation may happen. This is so frustrating waiting with no answer. After seeing updates each week for the last month, no updates on our case all of last week. So not sure what to think...will they be issuing it, is it sitting in a pile, or did they decide to send to US. I guess if they are claiming the case was not denied under 221(g) then i can speculate our file is sitting in a pile somewhere. There is another K1'er who had the same interview date as us and is still waiting for visa to be issued. So not sure if it has anything to do with our date. All I know is it is another week of torture not knowing when or if our visa will be issued. I did follow through with our Congress person who was working on our inquiry today. Pray we get it soon. I know this is the man I want to marry, because if he wasn't I surely would not be putting myself through this emotional rollercoaster.

Hopefully your congress person can get things rolling, you are in my thoughts daily. I can't imagine how painful this must be for both of you.....We are getting married next week and we couldn't be happier so it is worth it in the end - hang in there!

[Jawaree 718]

Hi HCecil ....hope U all have a great wedding & hubby is liking

Hawaii....U know I'd never been to that State LOL....Good luck

Edited July 23, 2013 by Jawaree

[chaingang 7]

not to hurt any one feelings , but not lawyer nor congress man can help out , i tried when i was in Ap , until they didnt finish their all checks they didnt issue me visa

[HawaiianCecil 31]

Hi HCecil ....hope U all have a great wedding & hubby is liking

Hawaii....U know I'd never been to that State LOL....Good luck

Thanks! He's loving it - took up surfing right away, lol