Visa Refusals

According to U.S. law, immigrant visa applications may be refused for a number of different reasons.  One of the most common is a refusal under Section 221(g) of the Immigration and Nationality Act.

• What does a 221(g) refusal mean?
  

A 221(g) refusal typically indicates that additional information is required before your visa can be approved.  When the required information has been received, the Consulate can overcome a 221(g) refusal and continue processing your case.

• What do I do if refused under 221(g)?
  

Review your blue visa refusal sheet (OF-194) and any attachments:

If the blue sheet indicates that your application requires “Additional Processing,” you do not need to do anything.  In this case, the Consulate requires additional time to process your application and will contact you when your case is ready to proceed.

If the blue sheet requires you to submit additional documents, follow the instructions on the blue sheet and its attachments.  The blue sheet will explain how you may submit the requested documents. You must submit the blue sheet to the Consulate along with requested materials.  After reviewing your submitted documents, the Consulate will notify you regarding the status of your application.

Please note that failure to respond to your 221(g) refusal within a year may cause your petition to be terminated.  In addition, applicants who wait more than a year to pursue their case after a 221(g) refusal must pay an additional IV application fee before processing of the application may resume.

• What Should I do if My Case is Being Returned to the U.S. for Revocation?
  

In certain circumstances, the Consulate may decide to return an immigrant visa petition to the U.S. with a recommendation for revocation.  If your case has been recommended for revocation, it will be returned to the USCIS Service Center where the petition was originally filed.  This does NOT mean that your case has been permanently refused.  Rather, your petition will be reviewed by a USCIS officer, and you will be given an opportunity to dispute the recommendation made by the Consulate.
When your petition arrives at the appropriate USCIS office, the petitioner will be contacted by mail.  The petitioner will have 30 days to appeal the Consulate’s recommendation to revoke the petition.  USCIS will then make a final determination either to revoke or to reaffirm the petition.