Refusals and Administrative Processing

Refusals under Section 221(g)

Section 221(g) is the most common refusal for immigrant visas.  In some cases the Consular Officer may ask for additional required documentation at the time of the interview to complete the processing of your visa.  Instructions will be given to you at the conclusion of the interview and, in most cases, you will have one year from the date of your interview to send these documents to the Immigrant Visa unit.  During this time your application will be temporarily refused under Section 221(g) of the Immigration and Nationality Act.

Refusals under Section 221(g) are not permanent and can be overcome upon the submission of the documentation requested by the Consular Officer, or upon the completion of administrative processing.

Administrative Processing

Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.  Applicants are advised of this requirement during their visa interview.  Most administrative processing is resolved within 90 days of the visa interview.  When administrative processing is required, the timing will vary based on the individual circumstances of each case.  No assurances regarding the issuance of visas can be given in advance.  Therefore, final travel plans or the purchase of non-refundable tickets should not be made until a visa has been issued and you have received your passport via DHL. 

Please visit the Administrative Processing Information page on the Travel.State.gov website.

Ineligibilities

Ineligibilities for Immigrant Visas are most commonly based upon the applicant's past illegal activity, including illegal presence in the United States, prior deportations, criminal convictions, or involvement in drug trafficking.  If you are found ineligible for a visa, the Consular Officer will inform you in writing, including the applicable section of the United States Immigration and Nationality Act.

If there is a waiver available for the ineligibility, you will be given instructions on how to apply for a waiver with the United States Citizenship and Immigration Service (USCIS).  Unfortunately, not all visa ineligibilities are eligible for a waiver, and the Immigrant Visa section does not handle the waiver process.

Returned Petitions

If the Consular Officer discovers during the course of the visa interview that the underlying petition should not have been approved, or is no longer approvable, the petition may be returned to USCIS with a recommendation for revocation.

Once returned, a USCIS officer will review the petition and the Consular Officer’s findings, and may either find that the petition is not revocable and reaffirm the petition with an explanation of the decision not to revoke the petition; issue a Notice of Intent to Revoke to the petitioner; or, if warranted, issue a Notice of Automatic Revocation to the petitioner.  If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to the Immigrant Visa section, at which point a Consular Officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered.

The revocation process is not handled by the Immigrant Visa unit and all inquiries regarding returned petitions should be directed to USCIS.