Visa Refusals & Requests for Information
(221g - 214b)
Section 221(g)
Refusal under Section 221(g) of the Immigration and Nationality
Act means that essential information is missing from an application.
In order for an application to be reconsidered it may be necessary
to do one of the following:
- Appear personally for an interview
- Apply in your consular district, if you had applied elsewhere
- Submit additional documentation as requested
- Wait for approved I-129 and I-797 forms from USCIS (United States
Citizenship and Immigration Service)
- Wait for the results of additional administrative processing
221g "AIP"
The submission of a visa application through the courier service,
in essence, a request that the visa interview is waived. If, after
reviewing the application, the officer determines that additional
information is required, they will give the applicant a 221(g) refusal
and request that the applicant come for a personal interview. In
other words, when the officer is not prepared to issue a visa based
solely upon the written information submitted with the application,
the officer will decline to waive the visa interview. During the
interview, the applicant will be asked to respond further to questions
regarding the intended purpose of travel, or the applicant's personal
ties to his/her country of permanent residence. At this point, the
applicant will be unable to receive a visa until he/she applies
in person at the Consulate. This rule is the same for all applicants
regardless of their social rank or financial situation. "Application
Received - U.S. Consulate" will be stamped on the last page
of the applicant's passport and "221g" or "AIP"
( apply in person) will be written by hand as well.
Further Documentation for 221(g)
Often 221g indicates that you need to submit more documentation
to bolster the information you have already provided. You will be
informed at the time of your application/interview what further
information is required and be given a chance to resubmit your application.
- In order to submit additional documents, individuals refused
a visa under Section 221(g) need to reapply for a visa during
normal working hours.
- Applicants may reapply within a twelve-month period without
paying a new application fee. After one year, an application refused
under Section 221(g) is terminated under section 203 (e) of the
INA.
Section 214(b)
If you were refused under Section 214(b) of the Immigration and
Nationality Act it means that after reviewing your application form,
your documents and listening to the answers you provided during
your visa interview, a consular officer has determined that you
do not qualify for a nonimmigrant visa.
This determination is based on the facts of your case and is made
in respect to the U.S. immigration law. The U.S. immigration law
states that a consular officer must presume that each applicant
is planning to immigrate the United States. Only after an applicant
proves that they have strong ties to their home country, compelling
their return after a short stay, may they overcome this presumption.
Section 214-b of the Immigration and Nationality Act states:
"… every alien … shall be presumed to be an immigrant
until he establishes to the satisfaction of the consular officer
at the time of application for a visa …that he is entitled
to a nonimmigrant status."
- In addition, all applicants must show that the purpose of their
trip is truly represented and that they do not intend to work
while in the U.S., unless they have received permission from the
United States Citizenship and Immigration Services and are applying
for a temporary work visa.
- The United States is an open society. Unlike many countries,
the United States does not impose internal controls on most visitors,
such as registration with local authorities. In order to enjoy
the privilege of unencumbered travel in the United States, applicants
have a responsibility to prove that they are going to leave the
U. S. after a temporary stay and that, on their application form
and during the visa interview, they have made clear their true
intentions in traveling to the United States.
- Immigration law delegates the responsibility for issuance or
refusal of visas to consular officers overseas. They have the
final say on all visa cases. By regulation, the Department of
State has authority to review consular decisions, but this authority
is limited to the interpretation of law, as contrasted to determination
of fact. A consul's determination whether or not a person qualifies
for a nonimmigrant visa is based solely on what the applicant's
circumstances indicate his/her intentions to be. This determination
can not be made on the assurances of any other person.
- The refusal of a visa under Section 214(b) is not permanent.
You may certainly reapply if your social and economic situation
changes sufficiently and you are able to provide convincing evidence
of your ties to the country of permanent residence. It is encouraged
that an applicant wait 6 months to a year after receiving a 214(b)
refusal before reapplying - since a shorter period is usually
insufficient time for an applicant's situation to change enough
to warrant issuance after a previous refusal.
- If you choose to reapply you must provide additional information
overcoming your grounds of refusal. You must submit a new application
form and pay the application fee of $100 USD or the equivalent
in Russian rubles.
- You may receive detailed information regarding the grounds for
your refusal by contacting the U.S. Consulate visa section in
writing.
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