Ineligible under section 221(g)

[ji_ver 0]

Hallo --

 

Today I was found ineligible for an I-visa under section 221(g). Got a piece of paper that just says "Additional information is needed" - "Other visa classification".

 

It also says that if I don't take action within a year my application will expire.

They did not specify what type of visa we need, but the only option for what we're doing (interviewing people for entertainment purposes) is an O-visa I think? 

If we don't reapply: what does 'expire' mean? Can I travel as a tourist after? Will this mean my application is canceled and I can just travel on a ESTA or will this still mean I've been denied a visa? 

Thanks so much for you help. 
This was basically a misunderstanding from my work--which sucks because I love traveling the US. Ughhhh

[Boiler 45,486]

When you are refused a visa you need to update ESTA and add that refusal and see what happens.

 

Did they tell you what additional information is needed, did you ask?

[USS_Voyager 1,972]

31 minutes ago, ji_ver said:

Today I was found ineligible for an I-visa under section 221(g). Got a piece of paper that just says "Additional information is needed" - "Other visa classification".

 

Sounds like you were refused because you applied for the wrong visa. "I-visa" is for journalists. 

O-visa is for "people who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements"

 

What are you wanting to go to the US for?

[ji_ver 0]

10 minutes ago, Boiler said:

When you are refused a visa you need to update ESTA and add that refusal and see what happens.

 

Did they tell you what additional information is needed, did you ask?

They told me to apply for a different kind of visa classification -- so not the I-visa. They didn't specify what visa I need to apply for though
 

[Boiler 45,486]

Just now, ji_ver said:

They told me to apply for a different kind of visa classification -- so not the I-visa. They didn't specify what visa I need to apply for though
 

That makes sense, the one you applied for was not relevant to your stated purpose, they are not there to give guidance, but to process applications.

[ji_ver 0]

11 minutes ago, USS_Voyager said:

 

Sounds like you were refused because you applied for the wrong visa. "I-visa" is for journalists. 

O-visa is for "people who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements"

 

What are you wanting to go to the US for?

 

We are working on a tv-show, and want to conduct a series of interviews with US citizens about their culture, daily life, etc. We're doing this in many countries across the world.
Only eventually this documentary-style footage will be used in an entertainment show, which is the problem... The confusing part is they said we were possibly eligible for a different visa to do this though.

If this turns out to be an impossible visa to get, I have an additional question: if I let the 221(g) expire (so: if I don't ask for another visa on this application) -- will this be filed as a VISA denied situation? The bottom of the letter we received says "If you fali to take the action requested within one year of the 221(g) decision, your application will expire." The only information I can find about that is that if I were to apply for that visa again, I'd have to pay the $160 again. 

But what if I never want to apply for anything like that again? And just travel for a week or two with friends?   

Edited March 11, 2019 by ji_ver

[Boiler 45,486]

Have you discussed this with the Production Company Lawyers?

[Unlockable 7,314]

This sounds like a refusal and not a full fledged denial and it does sound like you should apply for the O-visa rather than the I-visa. If they gave you a document that ask for additional information than it seems the best course would be to provide them with what they are looking for.

 

This may be a case where you did not show in your original evidence that you will be going to film a documentary (example; production credits, awards, itineraries, schedules, permits, NDA's, etc). If you and your company can show that you are a legit media company producing a documentary, than you may get approved for the O-visa.

[Boiler 45,486]

30 minutes ago, ji_ver said:

 

We are working on a tv-show, and want to conduct a series of interviews with US citizens about their culture, daily life, etc. We're doing this in many countries across the world.
Only eventually this documentary-style footage will be used in an entertainment show, which is the problem... The confusing part is they said we were possibly eligible for a different visa to do this though.

If this turns out to be an impossible visa to get, I have an additional question: if I let the 221(g) expire (so: if I don't ask for another visa on this application) -- will this be filed as a VISA denied situation? The bottom of the letter we received says "If you fali to take the action requested within one year of the 221(g) decision, your application will expire." The only information I can find about that is that if I were to apply for that visa again, I'd have to pay the $160 again. 

But what if I never want to apply for anything like that again? And just travel for a week or two with friends?   

A visa can be approved or declined, your was not approved, you need to update ESTA.

[WeGuyGal 1,052]

Update ESTA, if approved you can travel (assuming friends are eligible too). If not apply for a B2 and hope for an approval. 

 

Traveled to any other countries for the tv show yet? 

[jan22 3,053]

An O visa cannot just be applied for directly.  It requires a USCIS approved petition first.

 

A 221(g) is a refusal of a visa.  In cases like yours, where additional information is requested, the refusal can be overcome if the response for the requested info is sufficient.  If not overcome (and a visa thus issued), it can affect your use of the VWP.

[ji_ver 0]

1 minute ago, WeGuyGal said:

Update ESTA, if approved you can travel (assuming friends are eligible too). If not apply for a B2 and hope for an approval. 

 

Traveled to any other countries for the tv show yet? 

We have! It was never a problem, but none of the countries we've visited so far have immigration laws this strict -- all we've ever needed is a permit for a camera crew.

I have no immediate plans to travel to the US--but in the past I've usually gone about once a year. So maybe if I update my ESTA with an honest reason why, it might still get approved? 

Thanks so much everyone for your help and advice!

[WeGuyGal 1,052]

4 minutes ago, ji_ver said:

We have! It was never a problem, but none of the countries we've visited so far have immigration laws this strict -- all we've ever needed is a permit for a camera crew.

I have no immediate plans to travel to the US--but in the past I've usually gone about once a year. So maybe if I update my ESTA with an honest reason why, it might still get approved? 

Thanks so much everyone for your help and advice!

maybe?

if? 

 

Have to be honest, period. 

[Boiler 45,486]

There is no space for a reason.

 

And its not that they would not know anyway.

[geowrian 22,337]

13 hours ago, ji_ver said:

So maybe if I update my ESTA with an honest reason why, it might still get approved?

ESTA applications are not typically manually reviewed.

The reason for refusal is not part of the application.

If you need to apply for a visa in the future and they ask about it, you can explain it at that time.