What does "refused" status mean? (merged)

[IAmNoLawyer 1]

Hello,

I reached out to the US Embassy Manila (via online inquiry) the other day regarding the CEAC status for my parents being “refused”. I was told that the visa application was refused because my parents did not show up for their interview. While this is true, my husband reached out via live chat to the US Embassy Manila and he tried to cancel prior to my parents' interview. My person could not cancel the interview online, and the person that he chatted with could not also cancel their interview. Futhermore, the person told my husband and confirmed that my parents could just not attend and there won't be any consequence for not showing up. So I told my parents to not show up because I thought there won't be any consequence (such as what were told by the person my husband chatted with).

The reason why we wanted to cancel to their interview was because they have not completed their medical exam yet. If I had been informed by the person I chatted with that there would be a consequence such as a visa application being refused, I would have my parents their interview regardless if they completed their medical or not.
I think it's unfair to us that my parents' visa application status changed to "refused" because of what were told to by the US Embassy Manila (per the person that confirmed there won't be a consequence for not showing up).

Here's the email I received why my parents' visa application changed to "refused" (per CEAC):

"As a no-show for this interview appointment, the visa application was refused under section 221(g) of the Immigration and Nationality Act (INA), and the CEAC reflects this refusal. If the applicant reschedules and attends the interview, this refusal will be overcome at the time of the interview."

Can the status of my parents be corrected as per my explanation/reasoning? Also, it seems like I can still schedule them for an immigrant visa interview with no issues? Should I consult with a lawyer at this point? Thank you in advance.
 

 

Edited September 14, 2022 by IAmNoLawyer
Need correction

[Crazy Cat 42,100]

19 minutes ago, IAmNoLawyer said:

Can the status of my parents be corrected as per my explanation/reasoning?

THIS IS NOT A DENIAL.  The current "Refused" status is meaningless. There were no consequences.   It just means the officer could not, yet, issue the visa.  Just reschedule and ATTEND the new interview. 

Edited September 14, 2022 by Crazy Cat

[Boiler 45,949]

It was not approved so it is shown as refused.

 

It will certainly delay matters but that is where you are. It would have been better for them to attend the interview.

[IAmNoLawyer 1]

2 minutes ago, Boiler said:

It was not approved so it is shown as refused.

 

It will certainly delay matters but that is where you are. It would have been better for them to attend the interview.

I see. Are you saying they could have attended without their medical exam completed?

6 minutes ago, Crazy Cat said:

THIS IS NOT A DENIAL.  The current "Refused" status is meaningless. It just means the officer could not, yet, issue the visa.  Just reschedule and ATTEND the new interview. 

Thank you for clarifying and reply.

[Chancy 6,243]

21 minutes ago, IAmNoLawyer said:

Can the status of my parents be corrected as per my explanation/reasoning? Also, it seems like I can still schedule them for an immigrant visa interview with no issues? Should I consult with a lawyer at this point?

 

Like I said in your other thread, the CEAC status does not matter.  Also, refusal under 221(g) is entirely accurate as your parents have not completed the requirements for the visa to be processed -- their medical and their interview.  There is nothing that a lawyer can do here.  Focus on what's important -- follow up with USEM on the HCNs for your parents so you can book their medical appointments.  Once they clear that, schedule their interviews.

 

[Chancy 6,243]

Just now, IAmNoLawyer said:

Are you saying they could have attended without their medical exam completed?

 

Let me say again -- your parents will not be allowed to interview at the US embassy in Manila until they have cleared their visa medical.  No exception to this rule that I know of, ever.

 

[IAmNoLawyer 1]

3 minutes ago, Chancy said:

 

Like I said in your other thread, the CEAC status does not matter.  Also, refusal under 221(g) is entirely accurate as your parents have not completed the requirements for the visa to be processed -- their medical and their interview.  There is nothing that a lawyer can do here.  Focus on what's important -- follow up with USEM on the HCNs for your parents so you can book their medical appointments.  Once they clear that, schedule their interviews.

 

Thank you. Understood. You have been a big help so far.

[Boiler 45,949]

4 minutes ago, IAmNoLawyer said:

I see. Are you saying they could have attended without their medical exam completed?

Seems to be something that is now quite common post Covid.

[IAmNoLawyer 1]

2 minutes ago, Chancy said:

 

Let me say again -- your parents will not be allowed to interview at the US embassy in Manila until they have cleared their visa medical.  No exception to this rule that I know of, ever.

 

Noted. Thank you.

[Chancy 6,243]

30 minutes ago, IAmNoLawyer said:

I think it's unfair to us that my parents' visa application status changed to "refused" because of what were told to by the US Embassy Manila (per the person that confirmed there won't be a consequence for not showing up).

 

Here's another note from an official website that may help to assure you that it's ok to miss the interview if the medical is not yet cleared.  From https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html#medical_exam_instructions -- "In some cases, the SLMCEC will direct the applicant to engage in subsequent testing, requiring rescheduling of the original visa appointment. You must follow the guidance from the medical provider and will not be admitted if this is the case. SLMCEC does have the authority to provide this guidance to applicants; following this guidance and not appearing for your interview is the correct course of action and will not adversely affect your visa case."

 

[IAmNoLawyer 1]

5 minutes ago, Chancy said:

 

Here's another note from an official website that may help to assure you that it's ok to miss the interview if the medical is not yet cleared.  From https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html#medical_exam_instructions -- "In some cases, the SLMCEC will direct the applicant to engage in subsequent testing, requiring rescheduling of the original visa appointment. You must follow the guidance from the medical provider and will not be admitted if this is the case. SLMCEC does have the authority to provide this guidance to applicants; following this guidance and not appearing for your interview is the correct course of action and will not adversely affect your visa case."

 

Thank you for this. It's the reassurance I need. So I should not bother contacting USEM to have them correct the "refused" status?

[Chancy 6,243]

2 minutes ago, IAmNoLawyer said:

So I should not bother contacting USEM to have them correct the "refused" status?

 

No need to contact them about the CEAC status.  But you should contact them regularly about the HCNs.

 

[Crazy Cat 42,100]

3 minutes ago, IAmNoLawyer said:

So I should not bother contacting USEM to have them correct the "refused" status?

The "Refused" status is correct.

[Ontarkie 14,419]

~~Duplicate threads merged. Please only start one thread for related topics/questions~~

[IAmNoLawyer 1]

4 hours ago, Chancy said:

 

No need to contact them about the CEAC status.  But you should contact them regularly about the HCNs.

 

Thank you!

4 hours ago, Crazy Cat said:

The "Refused" status is correct.

Thanks!