Immigration Law

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221(g) Form Questions

If a prospective immigrant fails to provide the required documents for a visa application then they will likely be ineligible under section 221(g). This will cause the application to be sent for further review unless it has been denied completely. The applicant will then receive a Form 221(g) with instructions and information about the additionally required information.

What can be done if a US consulate refuses to issue a visa under section 221(g) for internal verification even though the USCIS has already scheduled an interview?

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. If it is due to missing information, then get a 221(g) refusal form and follow the instructions and provide what is needed.

After a221(g) objection during an I-130 interview, all required paperwork was submitted, how can one request a reply from the embassy?

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 the spouse is a citizen of the United States, they could contact the U.S. Senator's office to help put in a Congressional Inquiry to the consulate.

What should one expect if, during a K1 visa interview, a person received a 221(g) form and all documents were returned to the U.S. for review/revocation?

If any information is misrepresented on the I-129F 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.

If one overstayed their time in the United States by five years what are the chances of them getting an H4 visa after receiving a 221(g)?

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. Failing to provide all these types of information may mean the applicant is denied the visa and receives a 221(g). In certain countries, this form may come in different colors to indicate specific problems or requirements.

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