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221 (g) Form Questions

There are many reasons why a visa applicant is refused or denied a visa. One of the reasons could be that the applicant is found ineligible under section 221(g) because he/she failed to furnish some information or documents, or a further procedure or review needs to be completed by the consulate office or another U.S. government agency. The applicant will then receive a Form 221(g) with instructions and information about the additionally required information.

I had petitioned for my wife to join me in the United States. The USCIS scheduled an interview date but the consul in my home country is refusing to issue the visa under section 221(g) for internal verification. What can I do?

Applicants who are considered ineligible for a visa under section 221(g) have usually failed to provide some information or documents, or it means that another procedure or review by the consulate office or another government agency of the United States needs to be completed. So the good news is that this is not an outright denial of the visa application but one that requires more paperwork.

Also, applicants usually get a 221(g) form with instructions about the additionally required information from the officer. The applicant would need to follow these instructions and get a 221(g) refusal form and provide the missing information as per the instructions.

What also happens is that, sometimes, the officer/consulate might choose to verify the specifics of an applicant’s case with the concerned authorities before reaching a final decision. Cases like this are put under "Administrative Processing". If an applicant has been asked to wait until the Consulate gets in touch with them, there is nothing more that they can do. The Consulate will contact them once further administrative processing is completed.

My husband got a 221(g) objection during his I-130 interview on the basis that his previous divorce was not registered by the union council of Pakistan. It’s been two months since we submitted all proof and the required documents but we haven’t received a reply from the Islamabad embassy. What can we do?

If all you needed to do was to get the divorce registered, the consul should review it in the next few months. They might send out a local embassy employee to verify all the records and ask around the community about the marriage since this kind of information is usually known to friends and local people. If you are a citizen of the United States, you could contact your U.S. Senator's office to help you in putting in a Congressional Inquiry to the consulate.

My fiancée received a 221(g) form at his K1 visa interview last week. All his documents were returned to the U.S. for review/revocation. What can we do now?

If any information is misrepresented on the I-129F fiancée petition or visa application, it can affect the issuance of an immigrant visa which is based on marriage and an I-130. It would probably take around 6-12 months for the USCIS to reach a decision in the matter, so you would need to wait it out.

I overstayed in the United States for five years. I recently got a 221(g) for an H4 visa. What would be my chances of getting an H4 visa now?

It would be unlikely, as there is hardship waiver for an H4 visa.

Different U.S. consulates may ask for different levels of information for several visas like the H1 visa, and failing to provide all these types of information may mean the applicant is denied the visa and receives a 221(g). In certain countries, the 221(g) form may come in different colors to indicate specific problems or requirements.
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