Do I Need to Fill Ds-160 Again if 221g
Updated on March 14, 2022
People planning to visit the United states of america usually have to undergo a visa interview procedure before they are allowed to enter the country. The interview process takes place at a U.s.a. diplomatic mission or consulate in your dwelling house state or the country you are currently in.
During the interview, all your documents and information volition be reviewed and you volition be questioned nigh the reasons you are traveling to the United States.
Once the foreign service officers accept checked all your documents, they determine whether your visa will exist canonical or rejected. In other cases, you might be issued a 221g, which is the request for additional information to verify your example.
If you are issued a 221g, yous are neither rejected nor accepted for getting a visa to enter the United States. A 221g merely places y'all on hold to request additional information from you almost your visa process.
What is a 221g refusal?
A visa refusal under section 221g of the Immigration and Nationality Human activity (INA) means that information is missing from your awarding or that more processing time is needed.
Although the word "refusal" might bring anxiety to most trudging along through their visa journey, it really only means that the consulate or embassy y'all are conducting your interview with needs more data to handle your instance.
iii big reasons why a 221g refusal may exist issued
At that place are iii master reasons why the visa officer at the embassy or consulate will outcome you a 221g refusal:
ane. Groundwork check
If you come from another religion or work in an industry which is on the technology alert list (TAL), yous might be put under review by the consulate.
Industries in the TAL include people working in engineering, pharma, or biotech. If this is the case for you, y'all might have to go through extra background checks on your family or employment history.
two. Employment cheque
The United States will usually do an actress employment check if yous piece of work in a consultancy that is difficult to define. This actress check is to dig in a little deeper to what exact piece of work and projects yous are currently working on.
3. PIMS
A PIMS is a client/server application that applicants demand to fill out. You volition be issued a 221g if y'all haven't updated this data yet. In this case, the 221g just puts your visa processing on hold until all information has been updated.
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What happens later on a 221g refusal?
At present that the Department of Land has issued yous a 221g, they volition result you a skid with an assigned case number to your stamping. Usually, the case number starts with the year your interview took place and is followed by your assigned instance number.
Depending on your example, you will accept to submit the respective documents needed to become through your visa application process. You will accept the pick to submit your documents electronically or at the VFS Dropbox.
Don't worry and then much about the logistics of this function—all the information about the documents and where y'all have to submit them will be stated on your skid.
Once yous accept submitted all the required supporting documents, it is time to look to encounter if your visa will be approved or not.
If the consulate decides to upshot you the visa, they will ask for your passport so that they can officially stamp the visa. In the unfortunate example your visa gets rejected, the consulate volition return all original documents to you.
221g administrative processing maximum time
The 221g authoritative processing maximum time varies based on a variety of factors, including if additional information is requested, what additional documents are requested, where you are located, and more.
In most cases, 221g administrative processing volition be completed inside 60 days—typically around 3-iv weeks. In some instances, however, some 221g processing times tin can take many months or even over a twelvemonth.
Annotation that you volition likely exist asked not to inquire about your case for at least 180 days.
What does the revocation and reevaluation process involve?
As mentioned, petitions can be refused for a variety of reasons. For example, a consular officer may notice issues in your background – your approval may be a outcome of misrepresentation, fraud, or other means that are against the law. In this case, the officeholder has the right to reject the visa that was claimed nether the 221g provision.
Even so, this rejection does not automatically mean that everything is over. Once the interview is over, the case will exist returned to the USCIS then that the determination can be reconsidered. The upshot can end in two different ways: the approved petition can either be revoked, or it tin can be proved lawful – meaning that the individual will go their visa.
This revocation procedure tin can be rather burdensome and lengthy. The 221g processing time can take a few months, and in the more unfortunate cases, information technology tin can take as much as a few years. In almost cases, neither the applicant nor the employer is willing to wait that long. Almost applicants would look for other employers, just every bit most employers would first looking for new employees.
221g refusal administrative procedure
If the petition is returned and both parties decide to go through the process, hither are the steps that are generally followed:
The United states consulate will review the returned petition, and the fraud management will enter it into the fraud database. The 221g processing fourth dimension may take up to three months until the NVC receives the diplomatic pouch to review the petition again.
ane. NVC Petition Review
The NVC will review the petition and send information technology back to the USCIS service center. This process may too take up to one month.
2. Service Centre Petition Review
The service center will review the petition, and the consular officer volition begin making notes on the case. Bear in mind that returned applications are of a lower priority compared to new ones. This ways that their revision might take quite some time after the new petitions have been resolved.
three. Detect of Intent to Deny
The USCIS service center volition either give a NOID (Detect of Intent to Deny) or a NOID (Notice of Intent to Revoke), depending on the observations of the consular officer. A notice will be sent to the one who signed the petition.
4. Right to Respond
Depending on the answer given by the service eye, the petitioner has the right to answer with no bear witness within 30 to threescore days. Once the new prove has been addressed, it will exist decided whether the original petition volition exist reaffirmed or denied. An official letter of the alphabet with the result will exist issued.
5. New Bear witness
If the petition has been reaffirmed, the center will ship the petition along with the new evidence to the consulate—including the recommendation for issuing a U.s. visa.
half dozen. Interview Date Issued
The beneficiary will be informed by the consulate about the interview date. The process may vary, depending on the consulate.
7. The Visa is Issued or Denied
The consular officer in charge of conducting the interview of the petitioner will either consequence the visa or issue a visa refusal via department 221g. If the petition is in one case more than denied, it will go back to the USCIS forth with a revocation recommendation – and the process volition kickoff once again.
Most of the administrative processes should be resolved in 60 days, at most. Notwithstanding, depending on the complexity of your case, the 221g processing time may take longer.
5 ways to follow up on your 221g
At that place are several means to follow up on your process, but you should await a minimum of at to the lowest degree 60 days before making any inquiries. Below, we list several ways you tin go about to notice out where you lot stand on your 221g procedure:
1. Check out the VFS website
The first pick you lot accept is to check out the website of the consulate and runway your passport or case number electronically. Please note that simply some consulates offer electronic tracking and that not every consulate offers this service.
ii. Call the consulate
If you desire, you can only give the consulate a call to detect out where your paperwork lies in the process. Keep in mind that they probably won't be able to give you specific details on the case – simply it's worth a shot to endeavour!
3. Ship an email
Check out the website of the consulate and simply transport them an electronic mail requesting more than information. Please also notation that – like with calling- you are non guaranteed extra data on where you are at in your process.
iv. Phone call or ship an email to the DOS
The DOS or the Department of Land in Washington DC might exist able to requite you a bit more data. DC is a busy place, however, and then the conversation volition nearly likely be very short and might leave yous with lilliputian to no extra information as well.
If you determine to call the DOS, you lot tin become their contact data at the DOS homepage.
v. Contact your Senator
If you already work in the Usa you might be able to email or phone call your senator. Please only do this if your procedure has been pending for more than sixty days. Senators are also extremely busy then try not to carp them if y'all have not reached the 60-day mark.
In that location is no guarantee you will get information, or that getting in contact with the right representatives will expedite the 221g process. However, if a long fourth dimension has passed, it might put you at ease to find out more information almost your case.
Does a longer processing fourth dimension automatically mean rejection?
A longer 221g process does non mean you will go rejected from getting a visa in the United States. Some cases just have more administrative piece of work than others do because of the complexities of a certain example.
Once you accept been asked to submit your passport, however, it is a good sign that you lot are on your manner to getting an approved visa. Practise non stress if you have not been asked for your passport because it merely might accept longer for them to ask for it for your unique case.
I know information technology is hard just attempt to relax and to stay calm because administrative processing ever takes a long time.
What are other ways to go a visa in the United States?
Unfortunately, there are not many alternatives to getting a visa once you receive a visa deprival. These are your primary two options:
1. Different visa category
You lot could try to apply to a different visa category than the i you are currently in now. You can do this without having to withdraw your electric current awaiting 221g process then that y'all do not have to go through the entire visa process again. Yet, it is of import that you are eligible for the new visa category.
two. Aforementioned visa, dissimilar employer
The second option you accept is to apply for the same visa category but with a different employer. Like in the first option, in this example, you exercise not need to withdraw your current 221g petition, however, you do need to go through the whole visa process again, including doing another interview.
What do I do subsequently my 221g petition gets rejected?
In case your 221g petition gets rejected, the consulate will transport your petition back to the USCIS and all your original documents volition exist returned to you—except for the 797, which will be sent to the USCIS. This certificate will be sent to the USCIS with comments and then they can reconsider your petition.
Once the USCIS has received all relevant documents, they volition ship you a notice of receipt to notify you lot that they will start the 2nd evaluation procedure.
This second menses of evaluation normally takes between 2 and iii months, which by the end of, you will either be issued a Notice of Intent to Revoke NOIR, or a Notice of Intent to Deny, NOID.
Depending on their answer, your petition volition be reinstated or denied. If they reinstate it, they volition send all relevant documents to the consulate and enquire you to make some other advent there too to go on the visa procedure.
Final thoughts on 221g
Alas, this is a very complicated process that can take very long and frustrate many hopeful applicants. We hope this article has helped you to understand the entire process ameliorate so that you are aware of what's going on at each stage and what you lot tin exercise while you wait for your answer.
We know information technology'southward hard, merely we recommend you to stay calm and simply look until you lot become your response. You can non change anything if yous phone call a hundred times a day or send a yard emails to the Department of State and your consulate.
You might actually hurt your case if you decide to bear witness and so much impetuousness so we recommend that y'all relax and stay at-home.
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