Refused under 221(g) Administrative Processing

[stacyt 209]

221(g) Allows Consular Officer to Request Further Information

INA Section 221(g) is a fairly broad, generic provision covering denials of visa applications. It directs consular officers not to issue a visa if it appears that the applicant is not eligible under any section of law. In practice, it is often used when there is any problem or additional information required in a case, even if the matter is minor or temporary. It allows the consular officer to ask for more documents, or otherwise review the case in more detail. It includes cases that cannot be approved because, for example, the employer’s petition approval is not yet in the Petition Information Management Service (PIMS) system, as explained in our article, PIMS Verification Update (28.Dec.2007). It also applies to those cases that need to undergo further security checks.

Cases Can be Approved After 221(g)

Since INA 221(g) is so broad, there are many visa applications that are approved following the issuance of an INA 221(g) refusal. Security checks can clear, PIMS can be updated, and missing documents can often be provided. Thus, there are many who have received INA 221(g) refusals at some point, but, ultimately have been able to obtain their visas to enter the United States.

Separately, an INA 221(g) refusal does not mean that an applicant potentially is not eligible for a different visa. There are many situations in which, for example, the consulate will not issue an H1B visa to an individual because the company sponsor cannot provide the requested proof. Such individuals might be eligible for different visas through new employers or for H-4s, for example, through their respective spouses.

221(g) Must be Revealed on Future Visa Applications

On the visa application form, each applicant is asked whether or not s/he has ever been refused a visa. The answer to this question is “yes” whenever there has been an INA 221(g) refusal. This is the case even if the matter that created the INA 221(g) refusal was overcome, and the visa was finally issued.

[payxibka 10,045]

10 minutes ago, NearEthereal said:

 

So everyone gets approved then goes into AP, or everyone gets the Refusal paper with the AP? or some combo of both?

Combo

[K & R 343]

We were London embassy. We were told we were approved pending his medical which hadn’t arrived from Knightsbridge yet. We did not get a 221g and were issued  a couple days later. I guess that’s kinda an “in between”. In OPs case I wouldn’t worry. They probably just wanna make sure they check out that fender bender but taking the passport is a good sign.

[Newuser4453454 79]

Hi K&R. In this case, he submitted the information he got via ACRO. When we noticed the no life trace, we asked for a Subject Access Request and received an email with the information , which we already provided. I'm not sure what other information they can get, but my fiance did make sure to give express permission to ACRO to release any information requested to the Embassy.

[Godschild! 31]

7 hours ago, NearEthereal said:

Hi.

So after much excitement and assuredness that everything would be alright. We got the dreaded 221(g) administrative processing and a blue slip from the London Embassy. My fiance was given 0 indication of any additional documents were needed as that wasn't checked off. He said he should wait 7-10 business days, and did not have his passport returned to him.

 

The proof he submitted:

1. Affidavit of Support w/ proof  (They gave back the W-2s and took the pay slips).

2. Birth Certificate

3. DS160 confirmation

4.  Letter of interview confirmation

5. Police certificate containing a No Live Trace, and an emailed AOS describing the nature of the case (a minor charge for an accident 10ish years ago).

 

He tried to also provide additional pictures, but they said they didn't need any further documentation

 

 

Questions Asked:

 

How we met?

We met online though a video game.

 

What does your fiance do for work:

Helpdesk team lead at (my place of employment)

 

Where did you live

Gave my exact address and the address I lived prior.

 

When the last time you saw her?

First of December

 

Did you see her in 2017

Yes, we proposed in Whitby in Yorkshire.

 

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.

 

The first interviewer did ask about his employment history. He is an aircraft technician currently working a contract job, but did have prior work with the Department of Defense.

 

I'm only posting this to avoid an inevitable freak out. I feel so powerless right now....

 

Take a deep breath, they kept his passport, and everyone goes under AP.  Your will be fine

[JFH 12,190]

OP, it’s highly unlikely that it has anything to do with evidence of a bona fide relationship. London pays very little attention to this and although many London applicants show up at the embassy with an armful of pictures, Facebook screenshots, boarding passes, etc in reality London doesn’t even want to see them. The belief at the London embassy is that there is almost no economic advantage to someone from the UK using a USC to get into the USA. Especially on a visa that puts them in a worse financial position than they left (no job for months, no taxpayer-funded healthcare, no child benefit or tax credits, etc). So you can stop fretting about that. 

 

For me, the biggest clue is asking about drinking and driving. It’s a very strange question. I went through the London embassy and I wasn’t asked this. And I’ve read countless London embassy reviews and no one has been asked this unless it was already on their record. How can you be sure alcohol wasn’t involved in the incident from 10 years ago when you weren’t there? Have you read the police report? It seems odd that he “didn’t realize he’d hit something”. The sound alone would alert you (metal against metal is one of those sounds like nails on s chalkboard) even if the bump wasn’t enough to cause him to be flung forward in his seat. I hate to say it, but he could be hiding something from you. 

 

 

[Newuser4453454 79]

I have indeed read the police report, as the ACRO Subject Access Request is open on my screen as I speak. It contains the full Police National Computer Nominal Report as well as an Arrest / Summons History, and there is no mention of any offense involving alcohol. I got the details wrong earlier today as well. We were both kind of hectically making heads or tail. The Consulate looked at the offense and asked to verify if Drugs or Alcohol were involved. He said no. The consulate then asked if my fiance was ever in trouble with the police since. Again, he said no.

 

I find the insinuation that my fiance is hiding something from me to be insulting and counter productive to the conversation, but thank you for your time.

 

The offense on the report:
Offence Description: FAILING TO STOP AFTER ACCIDENT
Offence Date(s): 17/07/04 14:30 to 17/07/04 15:00
Offence Description: MINOR ROAD TRAFFIC OFFENCE
Offence Date(s): 17/07/04 14:30 to 17/07/04 15:00
 

Edited December 15, 2018 by NearEthereal

[ThomasNC1988 762]

I wonder if there is anyone here who got a 221g for AP and then changed to approved like the next day. To add to that I wonder if you are more likely to get it if you have an afternoon appointment rather than a morning appointment and they simply don't have the time to do what they need to for approval by the close of business. 

[Faisal1 235]

15 hours 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.

 

 

 

 

 

Justs give a week it take around 2 to 3 days.  Be patient. Otherwise when you have decision then there is another ways so be positive   Also they kept his passport.. so i am sure they didnt took his passport to give me visa.  But to your fiance.So  thats why they kept passport.   

Edited December 15, 2018 by Faisal1

[TBoneTX 45,292]

A hijack post has been removed.  Its author may start a new post or find an existing relevant one in the Waivers/AP forum.

[JackMatt 43]

16 hours 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.

 

 

 

 

 

No worries, the same happened to me a week ago at Naples consulate and the day after they called me sayin' I was approved!

If they keep the passport is a good sign otherwise they wouldn't keep it and just deny the visa.

[Eleanor & Jack 227]

Hi @NearEthereal. I just had my interview this morning in London and got a 221g due to my medical results not being received yet. I don't know if they're issuing more 221gs for routine stuff, maybe theyve changed their practice slightly recently. But hopefully it'll be resolved soon!

[Newuser4453454 79]

I'm sure it will be. I'd just feel a whole lot better if in our case they told us why. We know the medical arrived there because the first guy was holding the CD. We know we provided the Subject Access Request/Report explaining the No Live Trace already for them to persue. So all I can think of is either they want a full background check for the aviation related contract work he's done, they want to know more about him moving as a military dependent as a child (His father was deployed in Germany with the RAF a few times and he spent 3 year stints there all before age 16) or if they just want to see the report straight from ACRO because ours wasn't signed or certified or anything :\.

No real way of knowing, Just godda wait. Did they keep your passport?

Edited December 17, 2018 by NearEthereal

[Eleanor & Jack 227]

21 hours ago, NearEthereal said:

I'm sure it will be. I'd just feel a whole lot better if in our case they told us why. We know the medical arrived there because the first guy was holding the CD. We know we provided the Subject Access Request/Report explaining the No Live Trace already for them to persue. So all I can think of is either they want a full background check for the aviation related contract work he's done, they want to know more about him moving as a military dependent as a child (His father was deployed in Germany with the RAF a few times and he spent 3 year stints there all before age 16) or if they just want to see the report straight from ACRO because ours wasn't signed or certified or anything :\.

No real way of knowing, Just godda wait. Did they keep your passport?

Yeah, the not knowing why must be torture. What exactly did they say when they handed the 221g over? I wonder if it's something to do with him living abroad for more than a year and theyre doing further checks on that? I just say that cos both officers asked me if I'd lived abroad for more than a year, so it's just a guess. They kept my passport, yeah.

[Newuser4453454 79]

They didn't say anything relevant. Just "Alright you'll hear back in 7-10 working days Thank you." My fiance actually took three steps, and then it actually sunk in that there was a refusal on the paper. It sucks that I wasn't there (Or maybe it was a good thing) because I'm that annoying person that's immediately "Nu uh" and asking a billion questions.
The paperwork only asked about him living abroad for more than 6 months past the age of 16. He returned to the UK and was 16 in the UK (I don't know if he turned 16 in the UK or turned 16 in Germany then moved back), but I know he spent about 9 years in Germany total between three stints. All three times though he lived on UK military bases and went to UK military schools, so there must be extensive record, and it wouldn't necessarily be with Germany either. The first time he was an infant. He was born in Cardiff then was taken to Germany with his family when he was a few months old. Because he wasn't born  in Germany, and didn't live there after 16, we didn't think we needed to include anything extra. They only asked address history going back 10 years.

I checked my status today (and yesterday, a million times) and noticed someone touched the case today, so they're looking at it. At around the 8-9 day mark if we don't hear anything I'll call. Other than that I've just settled into guessing that it's a number of things (one or all) that we really can't provide: Checking on his contract work/military work, checking on that little accident 15 years ago, or checking on his address history on UK bases in Germany.

Edited December 18, 2018 by NearEthereal