Refused under 221(g) Administrative Processing

[USS_Voyager 1,972]

1 minute ago, NearEthereal said:

I'm just wondering what could hold back his eligibility, or which part they could disbelieve if that's the case. We provided more proof than what was necessary, and he gave answers for anything that may put up a flag (in our opinion , I guess) they didn't ask us for any additional information or check anything off, so I wonder what they could be checking.

I guess it's either the police report (he's already waived rights to have the police certification agency speak directly to the embassy when he requested the additional information on the No live trace) or the fact that he's an engineer type worker. I saw some websites say that certain lines of work can trigger this response.

 

Thanks for helping to dissuade the panic.

 

 

 

 

 

Who knows, It could be any of those reasons. But like I said, the fact that they kept the passport means they think this is not gonna be an issue and can be resolved relatively fast, IMO.

[Crazy Cat 41,860]

1 minute ago, NearEthereal said:

I'm just wondering what could hold back his eligibility, or which part they could disbelieve if that's the case. We provided more proof than what was necessary, and he gave answers for anything that may put up a flag (in our opinion , I guess) they didn't ask us for any additional information or check anything off, so I wonder what they could be checking.

I guess it's either the police report (he's already waived rights to have the police certification agency speak directly to the embassy when he requested the additional information on the No live trace) or the fact that he's an engineer type worker. I saw some websites say that certain lines of work can trigger this response.

 

Thanks for helping to dissuade the panic.

 

 

 

 

 

"Administrative Processing" could mean anything....from additional checks to waiting for printer ink.......I wouldn't worry since they kept his passport.

[John & Rose 7,239]

52 minutes ago, NearEthereal said:

 

She asked a lot of questions about the police and if he was ever arrested for drunk driving. He said no.

 

Then she went to check some documents and handed the slip.

This seems like an area of interest.  They specifically asked about drunk driving?  Were there any arrests that the petitioner didn't disclose on the petition?  The US Government's Crime Database has everything, even if it has been expunged or dropped.  We did an interview and it was not that specific.  I think this may be a clue.

 

Under the Adam Walsh Act it is very important that the beneficiary know EVERYTHING about the petitioner's criminal record.

[payxibka 10,045]

2 minutes ago, John & Rose said:

This seems like an area of interest.  They specifically asked about drunk driving?  Were there any arrests that the petitioner didn't disclose on the petition?  The US Government's Crime Database has everything, even if it has been expunged or dropped.  We did an interview and it was not that specific.  I think this may be a clue.

 

Under the Adam Walsh Act it is very important that the beneficiary know EVERYTHING about the petitioner's criminal record.

The "he" here is the applicant.   It seems the CO was prodding into the applicant's history 

[Newuser4453454 79]

We were told we had to check everything after the age of 16. Before 16 he lived in Germany on a military base and had no criminal history there, and he moved every 3 years or so due to his father's military background. The only charge he has is a No Live Trace and when we petitioned for additional information it was a 'minor traffic infringement' and 'failure to report an accident'. resulting in a 75 pound fine or something like that. Definitely no alcohol involved,  I can guarantee as much. I know personally that the cause of the accident was 10+ years ago when my fiance backed into someone's car while transporting a rabbit hutch, utterly did not notice the fact that he hit a car and then drove away. Someone witnessed it and reported it. there was minor cosmetic damage to the back of the other car which my fiance paid for.

 

 

As for me (the US citizen), I have no criminal history.

 

 

 

Edited December 14, 2018 by NearEthereal

[John & Rose 7,239]

2 minutes ago, payxibka said:

The "he" here is the applicant.   It seems the CO was prodding into the applicant's history 

Then it seems like this is the refusal while waiting on AP?  I hate when they do that.

[Khallaf 650]

2 minutes ago, NearEthereal said:

We were told we had to check everything after the age of 16. Before 16 he lived in Germany on a military base and had no criminal history there, and he moved every 3 years or so due to his father's military background. The only charge he has is a No Live Trace and when we petitioned for additional information it was a 'minor traffic infringement' and 'failure to report an accident'. resulting in a 75 pound fine or something like that. Definitely no alcohol involved,  I can guarantee as much. I know personally that the cause of the accident was 10+ years ago when my fiance backed into someone's car while transporting a rabbit hutch, utterly did not notice the fact that he hit a car and then drove away. Someone witnessed it and reported it. there was minor cosmetic damage to the back of the other car which my fiance paid for.

 

 

 

 

 

my husband was given a 221G for no reason either, and he was called and asked to send in the passport at day 48, just be patient it will resolve soon 

[payxibka 10,045]

3 minutes ago, John & Rose said:

Then it seems like this is the refusal while waiting on AP?  I hate when they do that.

I am sure there is sensitivity to the fact he is an aviation tech with previous work with the DOD that needs to be cleared 

[Newuser4453454 79]

5 minutes ago, John & Rose said:

Then it seems like this is the refusal while waiting on AP?  I hate when they do that.

 

Is it common? Just my luck.

[John & Rose 7,239]

1 minute ago, NearEthereal said:

 

Is it common? Just my luck.

AP is everybody.  For some reason they show the visa as refused until they review any additional paperwork requested or just the final steps of cleaning up the paperwork.  I guess it makes sense since, at that point, they cannot issue the visa.  It seems a bit harsh but it makes sense.  

[Newuser4453454 79]

6 minutes ago, payxibka said:

I am sure there is sensitivity to the fact he is an aviation tech with previous work with the DOD that needs to be cleared 

####### I meant Ministry of defense, not department. UK not American. Something called DARA (The Defense Aviation Repair Agency) however, it's since closed down or was sold.

But I'm sure it's probably the same deal.

[payxibka 10,045]

1 minute ago, NearEthereal said:

####### I meant Ministry of defense, not department. UK not American. Something called DARA (The Defense Aviation Repair Agency) however, it's since closed down or was sold.

But I'm sure it's probably the same deal.

Yes.  I  don't think the country of origin is the issue but his technical skills and training 

[Newuser4453454 79]

 

40 minutes ago, payxibka said:

Yes.  I  don't think the country of origin is the issue but his technical skills and training 

This is going to be a double issue for AOS then hehe, I'm getting a degree in Cyber Security and am Cyber Security certified. My job is going to switch to Security Analyst soon, and that's one of the technical fields on the list too.

I have a related question. On the Adjustment of Status and other forms, will we have to fill out Yes to Has the person ever been denied a visa? Even if it's eventually approved and this is just a soft denial because there's no pending ?

 

My guess  is going to be yes, and all of the headaches associated.

 

 

 

[payxibka 10,045]

1 minute ago, NearEthereal said:

 

This is going to be a double issue for AOS then hehe, I'm getting a degree in Cyber Security and am Cyber Security certified. My job is going to switch to Security Analyst soon, and that's one of the technical fields on the list too.

I have a related question. On the Adjustment of Status and other forms, will we have to fill out Yes to Has the person ever been denied a visa? Even if it's eventually approved and this is just a soft denial because there's no pending ?

 

My guess  is going to be yes, and all of the headaches associated.

 

 

 

If it is ultimately approved with this application then my answer would be no 

[Crazy Cat 41,860]

4 minutes ago, NearEthereal said:

Yes to Has the person ever been denied a visa? Even if it's eventually approved and this is just a soft denial because there's no pending ?

No... This is not a denial.....as of yet

Edited December 14, 2018 by missileman