It is a lot of case when a visa applicant is told that a final decision cannot be made on his/her visa application immediately. In doing so, the consular officer invokes Section 221(g) of the Immigration and Nationality Act and informs the visa applicant that the case require further Administrative Processing or Additional Processing and put on hold until the applicant eligibility for the visa can be determined by a consular officer. processing time-out is taken frequently.
Technically, 221(g) is considered a denial; in subsequent visa applications and registration in the Electronic System for Travel Authorization, this must be disclosed.
Moreover, in many cases subject to case by case basis when a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation due to Fraud / Misrepresentation of Facts under section 212(a)(6)(c)(i) of Immigration and Nationality Act (INA) or due to Smuggling under section 212(a)(6)(e) of INA or due to other appropriate finding under other applicable law, he or she will diplomatically and technically deny the visa application on the basis of INA section 221(g) [Temporary Refusal of Immigrant Visa], pending USCIS decision of the returned petition for revocation. The consular officer may also deny the visa application on another basis, if appropriate.
This is why it is necessary to be proactive in dealing with a 221(g) decision made by a consular officer. Visa applicants should cooperate with reasonable consular requests, but also very carefully seek review on point law and facts immediately and without unreasonable delay through expert and professional experienced U.S. Immigration Specialist Lawyer who has been representing such cases regularly in U.S. Embassy in Dhaka, Bangladesh to aggressively challenge questionable requests, overreaching demands, and against put on hold the case under Administrative Processing or Additional Processing protracted delays.
Therefore, it is necessary to understand the consular officer rationale for the refusal, and when appropriate, challenge the decision. Failure to do so silencers viewed as consent with the decision of Consular Officer.
If your visa application is denied under Section 221(g) or if you receive Blue Sheet (Form OF-194) from U.S. Embassy, Dhaka, Bangladesh with a stamp/seal of Administrative Processing or Additional Processing then contact us immediately to discuss your situation.
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ReplyDeleteLet us know if you have any questions, we are here to help. Our Website: www.mrichowdhury.com
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ReplyDeleteU.S. Citizens, Green Card Holders and Bangladeshi Beneficiaries should immediately seek professional legal advice on filing immigrant visas for their relatives as extended family members and adult children preferences categories are being blocked / limited as a result of the RAISE Act introduced yesterday - August 2, 2017 by President Trump.
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