Immigrant Visa Refusals

221(g)

It is very common for beneficiaries of an immigrant visa petition to have their case temporarily refused under Section 221(g) of the U.S. Immigration and Nationality Act.  This usually happens if we need more information in order to make a decision, documents are missing or incorrectly filled out, or further administrative processing is required.  If your case is subject to 221(g), you will be given a detailed list of the items that you need to provide.  How long it takes to process your case to conclusion will depend on the time it takes you to gather and submit the information and documents needed.   Once you have them, call the number on the 221(g) refusal to schedule an appointment.

In some rare cases, further administrative processing of an application is required.  We must temporarily refuse the case in these instances under Section 221(g) until processing is complete. 

Ineligibilities

Immigrant visas may also be refused at the time of interview based on ineligibilities in the law which prohibit issuance of a visa to certain categories of applicants.  Some of the more common ineligibilities applicants may face involve unlawful presence in the U.S., deportation, or criminal convictions.

Click here for a detailed list of ineligibilities - Visa Ineligibilities.

Some ineligibilities result in a permanent bar from entry into the United States.  Others can be waived if US Citizenship and Immigration Services approves an application.  Whether an applicant can file a waiver application depends on both the type of ineligibility and the relationship between the petitioner and the applicant.  You can learn more about waivers here.

Petitions

A consular officer may return a petition to the Department of Homeland Security (DHS) with a recommendation for refusal or revocation if the officer suspects significant fraud based on discoveries during the interview process.  If this occurs, the officer will inform the applicant, then send the petition back to DHS through the National Visa Center.  At this point, jurisdiction transfers from U.S. Embassy Belgrade back to the applicable DHS office.  Subsequent inquiries about your petition, if you are informed that it has been returned by the Consul, should be directed to DHS.

In a few cases, consular officers can accept a petition for filing at the Embassy.  See our Immigrant Visas page for a notice on this subject.  DHS has delegated this authority to consular officers in countries where there is no USCIS officers, and it is limited to deciding whether or not an application is “clearly approvable.”  Authority to deny a petition is only granted to the USCIS office with jurisdiction.   Petitions which are found by the consular officer to b e “not clearly approvable” will be forwarded to the appropriate USCIS office for final adjudication.

back to top ^