Written by attorney Naresh M Gehi

221(g) Visa Denials From Consular Offices

A 221(g) is a type of visa denial that occurs when a petitioner has not met the requirements for an approved visa petition. In this case, the petitioner becomes ineligible under INA Section 221(g) as mandated either by the U.S. Citizenship and Immigration Services (USCIS) or a consular office abroad. When a visa petition is given to a consulate abroad, that petition must first gain the approval of the USCIS before it can be viewed by a consular office. Although the USCIS is the leading authority in approving or denying immigration petitions, consular offices have the ability to disapprove a petition even after the USCIS has approved the petition. The consular office will then send a notice to the U.S. Department of State’s Kentucky Consular Center requesting a revocation or cancellation of the visa petition.

After the U.S. Department of State’s Kentucky Consular Center receives the petition, the center processes and sends the petition back to the USCIS where it will be reassessed. The petition will either be reapproved or given a Notice of Intent to Revoke (NOIR). This notice is then mailed to the petitioner, and he or she has 30 days to respond to the NOIR.

Obtaining an approval after you have been issued an NOIR is almost impossible because issuing the NOIR is a lengthy process. Consequently, by the time the NOIR reaches the petitioner, some information in the petition that was used as evidence may not be valid any longer. In addition, responding to the notice takes a lot of time and money— two things that some petitioners cannot afford. In these instances, a petition is most likely disregarded.

Even if the NOIR is fought and is reapproved by the USCIS, there is not an effective system in place for petition revocations. In other words, although the USCIS reaffirmed the petition, the consular office may not have been informed of the decision made by the USCIS.

Reasons for revocation:

· The alien does not meet the qualifications for a visa

· The alien is not allowed to enter the U.S. because of security, criminal, health or other reasons

· The alien already has an immigration visa

· New information emerged that makes the alien ineligible

Visa denials are most common in petitions for temporary workers and fiancé/es who apply in a consulate office. For temporary workers, adverse information will come about that causes ineligibility. In the case of fiancé/es, the officer will determine that a bona fide relationship does not exist between the couple.

If you are met with a visa denial, Gehi & Associates can help you! Our law firm is experienced in handling complex and difficult immigration cases. Do not let a 221(g) sc are you! Seek help and advice from our law firm. We offer a free initial personal consultation with an immigration attorney. Call 718-263-5999 or email [email protected] to schedule an appointment.

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