Application Refused Under Immigration and Nationality Act (INA) 221(g)

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Overview

Refusal under Section 221(g) means that essential information is missing from an application or that an application requires additional Administrative Processing. The consular officer will tell you at the end of your interview if your case is being suspended under 221(g), or your case has been placed on administrative hold. As part of this process, a refusal letter will also be provided. You will have twelve (12) months from the date of your interview to submit the requested documents without having to pay a new visa application fee. After one (1) year, an application refused under Section 221(g) is terminated per Section 203(e). Diversity Visa applicants have until September 30 before their case is terminated.

How To Obtain Civil Documents

Guidance on how to obtain requested Civil documents can be found on U.S. Visa: Reciprocity and Civil Documents by Country. All documents not written in English must be accompanied by certified translations

How To Submit Further Documentation

Please refer to the letter given to you from the Consular officer on the day of your interview. It will explain what documents are required and how to submit them.

Electronic CEAC applications: Upload your documents to CEAC. Your 221(g) letter will indicate whether you need to Mail or Email said documents in addition to uploading them. Please read these tips to Scan your Documents with a Smartphone!

Please Mail required documents by a traceable envelope (ie: Express or Registered Post envelope) to ensure it is delivered and received by our office. Ensure you keep the tracking number for your records. You may track your envelope for delivery with Australia Post Online. We are unable to respond to email inquiries requesting confirmation of receipt of documents.

Mail – Original Civil Documents

Email – Pdf Copies

U.S. Consulate General

Immigrant Visa Unit – SURNAME

Level 10, MLC Centre

19-29 Martin Place

Sydney NSW 2000

SydneyIV@state.gov

Subject: “Electronic: Case Number, Full Name”

 

 

Panel Physician (Medical Exam)

When our office has not yet received your medical exam report. Please contact a panel physician to arrange an appointment. The panel physician will forward this to our office once complete.

Revalidation Letter (K visa applicants)

To revalidate your petition, please have your U.S. citizen fiancé(e) provide a letter, requesting that your petition be extended a further four (4) months from the approval date of the I-129F petition. This letter must be dated and signed by your fiancé(e). Please revalkidate this in four (4) month increments when required.

The letter from your U.S. citizen fiancé(e) should state their intention to still marry you within ninety (90) days of your arrival into the U.S. with the K-1 visa and that you both are still free to marry.

Diversity Lottery - Employment qualifications

Applicants that do not meet the Education requirement for the Diversity Lottery Program may find that they qualify with Work Experience instead. Please refer to the O*Net Qualification website.

Administrative Processing

When Administrative Processing is required on your case the Consulate will email you within two (2) business days of your interview with further instructions.

Some visa applications may be refused under Section 221(g) because further Administrative Processing is required. The Consular Officer will tell you at the end of your interview if your case is being refused under 221(g) due to required Administrative Processing. The duration of the Administrative Processing will vary based on the individual circumstances of each case. Except in cases of emergency travel (i.e. serious illnesses, injuries, or deaths in your immediate family), applicants should wait at least 180 days from the date of interview or submission of supplemental documents, whichever is later, before making inquiries about status of administrative processing.

Waiver Application

When you are required (and eligible) to apply for a waiver you will need to file this application to U.S. Citizenship and Immigration Services, according to their requirements. Further details on this process can be found on USCIS’s website.

Waivers are not processed by our office and therefore we are unable to advise of processing times. We suggest that you complete and file this as soon as possible, once you receive your I-797 Notice that the waiver request has been submitted you should email a copy of this to our office.

Visa Validity

The visa expiry date will be limited to your Medical Exam Report. If you are unable to travel, or do not provide all required documents before this date; you may need to update any relevant document(s). This may include a new medical and Australian Federal police certificate.

Processing Time

After the Consular Officer has reviewed and adjudicated a case, generally it will take fifteen (15) business days to print your visa and prepare your document package after the Consular Officer has reviewed and adjudicated a case. The visa package will be posted back in the means provided and an email confirmation will be sent to advise that the package is being posted. If further documentation or processing is required, you will also be notified within this timeframe.

Visa Numbers

If you fall under a category where number(s) are limited each year, then an immigrant visa number is available for your use within the month of your scheduled interview. If you do not return the missing documentation and have your visa issued within this month, your visa number will be returned to Washington, D.C. for reallocation. There is no guarantee that visa numbers will be available for your visa issuance in a different month. We strongly encourage you to obtain the required documents and forward these to our office as soon as possible. You may also want to review the Visa Bulletin for further information on visa number availability.

If a petition was filed on your behalf as:

Then:

Spouse, Parent or Unmarried child (under age 21) of a U.S. citizen

Number is not limited.

*Diversity Visa Applicant: Under no circumstances can a visa be issued after September 30 of the current DV Program Year you have been successfully selected in.

Number is limited each year. 

Adult sons, daughters, brothers or sisters of a U.S. citizen

Spouses and children of U.S. lawful permanent residents

Employment based, except for certain special immigrants

Note: Due to the limited number of visas that may be issued under the *Diversity Visa program, numbers may cease to be available even before this date.  We strongly encourage you to return the pending documents to our office as soon as possible.