Saturday, December 28, 2013

Section 221(g) of the Immigration and Nationality Act It is often the case when an applicant for a visa is told that a final decision cannot be made on his visa application immediately. In doing so, the consular officer invokes Section 221(g) of the Immigration and Nationality Act and informs the applicant that the case will be put on hold until the applicant’s eligibility for the visa can be determined. This processing “time-out” is taken frequently: approximately one million visa applications were subjected to 221(g) during 2010. Technically, 221(g) is considered a denial; in subsequent visa applications and registration in the Electronic System for Travel Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g) denials are overcome and visas issued. There are, in essence, two types of 221(g) cases: Washington-related “administrative processing”, in which a clearance or approval is required from an interested agency or agencies in Washington, D.C. Post-related, in which the consular officer requires additional time, information, or documentation before making a final visa decision. Clearances from Washington are required when the applicant presents issues of security, criminality, legal questions, technology exports from the US, other admissibility problems, or is from a country of concern. The question of a security “hit” can arise in a variety of situations, such as potential terrorists, individuals who previously worked as military or other attachés in the US for an unfriendly country, even if that work took place decades before, or even individuals who spent time in certain countries (e.g., Iran). To resolve these issues, a Security Advisory Opinion is needed. Often the “hits” arise because the applicant has a common name: other individuals with the same name are blacklisted, causing cases of mistaken identity or prolonged delays. Suspected criminal activity or ties (e.g., Russian mafia) can also lead to prolonged processing to allow for an investigation. In addition, consular officers refer some legal issues, such as certain material misrepresentations made in a visa application, to Washington for a legal advisory opinion. The application will be held in abeyance until receiving guidance from the Visa Office Advisory Opinion section.Administrative Processing - 221g



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