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What should I do if my nonimmigrant visa application has been refused under Section 221(g)?
Section 221(g) of the Immigration and Nationality Act of 1952, as amended,
prohibits the issuance of a visa to anyone whose application does not comply
with the provisions of the INA and State Department regulations.
In practice, it means that sometimes nonimmigrant visa seekers do not provide
complete information or documentation necessary for a nonimmigrant visa
issuance, or the Consular officer has to apply certain administrative procedures
to a nonimmigrant visa application. In other cases, particularly those
involving work visas based on USCIS petitions, we have to return the cases
to USCIS for review and will notify the applicant when an answer is received.
Any visa applicant refused under Section 221(g) for administrative procedures
will be contacted by the Consular Section as soon as the process is complete
in order to continue the visa interview. Requests for 221(g) appointments take a shorter
amount of time to process, but requests should be made several days in advance to
ensure that the desired date of application can be given. Every person
who plans to submit an application must have an appointment. This includes spouses
and children of any age. A third party may request an appointment on behalf of an applicant.
All documentary refusals must be resolved within one year or the application is canceled
and the applicant must begin anew if he or she wishes to do so.
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