Section 221(g) Complete Admin Process (cases sent back to USCIS)

[d3adc0d3 186]

221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

1. 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
2. Petition is returned to the United States by the interviewing consulate for "further review"
3. Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
4. Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
5. Local service center receives returned petition.
6. Local service center who processed the original petition sends a notice of receipt to the petitioner.
7. Local service center reviews the returned petition and consular officer notes on the case.
8. Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
9. Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
10. Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
11. If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.
12. If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
13. Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
14. Consulate notifies the beneficiary of a new interview date.
15. Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

[LionessDeon 2,060]

#15 ie worst case scenario - So after all that... a reaffirmation approval from the service center and a second interview at the consulate you can be denied all over again......Jeez!

[d3adc0d3 186]

If they don't just let the petition expire. That can happen as well. However you can request for the petition to be extended officially.

[Ebunoluwa 6,136]

221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

1. 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
2. Petition is returned to the United States by the interviewing consulate for "further review"
3. Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
4. Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
5. Local service center receives returned petition.
6. Local service center who processed the original petition sends a notice of receipt to the petitioner.
7. Local service center reviews the returned petition and consular officer notes on the case.
8. Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
9. Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
10. Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
11. If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.
12. If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
13. Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
14. Consulate notifies the beneficiary of a new interview date.
15. Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

K1's at CSC have not been reaffirmed for several years but are PURPOSELY allowed to expire. Period.

Vermont used to reaffirm very, very sparingly.

What you described is for spousal visas, not K1's.

[d3adc0d3 186]

K1's at CSC have not been reaffirmed for several years but are PURPOSELY allowed to expire. Period.

Vermont used to reaffirm very, very sparingly.

What you described is for spousal visas, not K1's.

I never specified it was for a K1. Just posted the process.

Edited August 29, 2014 by d3adc0d3

[butterflies0124 8]

If they don't just let the petition expire. That can happen as well. However you can request for the petition to be extended officially.

Can you request a K-1 to be extended officially? Do you know how?

[NigeriaorBust 4,087]

Can you request a K-1 to be extended officially? Do you know how?

Only before the interview and only extended until the interview. if returned it will be declared expired. You have asked this already

[butterflies0124 8]

Only before the interview and only extended until the interview. if returned it will be declared expired. You have asked this already

Thank you for your response. You must be mistaking me with another user. I have never asked if a petition can be officially extended as I only learned this terminology from your post which I replied to once on this thread. Good day.

[Ebunoluwa 6,136]

I never specified it was for a K1. Just posted the process.

People wil think it is the process for K1's too if it is not clarified.

[d3adc0d3 186]

Technically, if they actually process it for a K1, it WOULD be the process, but that almost never happens, anymore.

[Teddybearlove 0]

My fiancé and I are very confused on this

He never was asked any questions at his interview but they took my bank statements and his and his doctor info and just looked at his police clearances and gave back they never kept his passport they looked and gave back to him but he was never asked any questions I don't understand that part he had all the proof with him but they didn't want to see ok then so he waited and then a women gave him a letter saying it was pending and being send to the NVC under section 221g

He asked why and they wouldn't tell him so how do I no what they need

but I looked and his status for his visa says now administrative processing

Does the petitioner get notified so I can send things over to him ?????

Any one help or what does that all mean ????

[Theara0505 4]

Teddy how long is your case put on AP? If it is over 60 days and still get nothing new from them . Please try to contact them and ask as soon as possible . Dont keep it longer

[dwheels76 5,468]

My fiancé and I are very confused on this

He never was asked any questions at his interview but they took my bank statements and his and his doctor info and just looked at his police clearances and gave back they never kept his passport they looked and gave back to him but he was never asked any questions I don't understand that part he had all the proof with him but they didn't want to see ok then so he waited and then a women gave him a letter saying it was pending and being send to the NVC under section 221g

He asked why and they wouldn't tell him so how do I no what they need

but I looked and his status for his visa says now administrative processing

Does the petitioner get notified so I can send things over to him ?????

Any one help or what does that all mean ????

You said they said it is being returned than its coming back. As above stated your petition will just expire so you need to talk to your fiance' ask what was asked. They said something to him. You need to find out why you were denied so you can decide what your next move is.

Have you contacted your Senator, Congressperson? If not why not. It's been some time you got to move and act now.

[Teddybearlove 0]

I asked my fiancé he said they didn't say any thing to him he even asked them they told him to go sit and wait for his name to be called they never even asked him questions about us or ask to see things he had everything . He had no sit down interview and when he did thats when he got letter saying it was revoked and under section 221g and being sent to Nvc that's all that was said they took his doctors envelope and look at his police clearances and passport but gave that back to him , they wanted only my bank statements and his bank statement , now when I search it says administrative processing updated August 26th

I ask him that all the time he tells me they didn't ask for nothing even him he asked them I have all my documents with me they didn't want to see nothing

Don't get it

But he had interview aug 14 so it hasn't been that long but still my petition end the end of sept

So now what do I do ??? Wait or what

[NigeriaorBust 4,087]

He would have been given a paper at the interview . Exactly what is written on that paper.