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221g-complete process (cases sent back to USCIS)

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  • 221g-complete process (cases sent back to USCIS)

    221(g):

    The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.


    Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

    Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

    What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?


    • 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
    • Petition is returned to the United States by the interviewing consulate for "further review"
    • Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
    • Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
    • Local service center receives returned petition.
    • Local service center who processed the original petition sends a notice of receipt to the petitioner.
    • Local service center reviews the returned petition and consular officer notes on the case.
    • Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
    • Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
    • Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
    • If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.
    • If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
    • Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
    • Consulate notifies the beneficiary of a new interview date.
    • Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.


    Hope with the above process one can judge the timeline for his/her Visa approval.

    Regards
    Raj

  • #2
    Hi Raj,

    Thanks for posting details.

    My case sent to USCIS for AAP. When i do online inquiry , i see

    "Current Status: This case has been received from the State Department with a request we review it.

    On June XXX,2007, a USCIS office received this case from the State Department with a request that we review it."


    Does it means state dept already reviewed case and send back to USCIS ?
    Can you please let me kno which step iam in , according to your posted document ?

    Comment


    • #3
      221(g)

      Hi Raj,

      Thanks for posting details.

      My case sent to USCIS for AAP. When i do online inquiry , i see

      "Current Status: This case has been received from the State Department with a request we review it.

      On June XXX,2007, a USCIS office received this case from the State Department with a request that we review it."


      Does it means state dept already reviewed case and send back to USCIS ?
      Can you please let me kno which step iam in , according to your posted document ?

      Comment


      • #4
        Hi Deepa,

        Current Status: This case has been received from the State Department with a request we review it.

        On June XXX,2007, a USCIS office received this case from the State Department with a request that we review it."

        -----Your case is sent back to DOS by the consultae where u attended the Iview. DOS forward that case to USCIS for the review.Once USCIS review is completed they will reaffirmed your petition (if no probs during verification) then again send back to DOS for visa processing which in turn goes to consulate for visa stamping.

        Hope you got the answer.


        bye
        RAJ

        Comment


        • #5
          Hey Raj,

          Can I know how long does this process takes, as my case is also similar to this, my case was sent back to USCIS, USCIS received my case on 6th of december.

          How long does USCIS takes to respond back to my employer, can I make it under premium processing.

          Comment


          • #6
            Does anyone know what happens to the petition when it gets expired during the review process.

            Comment


            • #7
              Hi Lost Packet


              Did you get any reply back for your question , i have a similar question

              And did somebody get a response back from the USCIS after the review .. how long it take to do review

              Comment


              • #8
                Hi Lost Packet, abc_1

                Did you get response from USCIS? I am also in same boat.

                Thanks in advance

                Comment


                • #9
                  Not yet

                  @h1busera @abc_1

                  No., I haven't got any reply since August 2011.
                  Did anyone of you guy's petition got expired by now ?

                  Comment


                  • #10
                    Jennie

                    This appears as if it could be a never ending cycle

                    Comment


                    • #11
                      Lost packet

                      Originally posted by lostpacket View Post
                      Does anyone know what happens to the petition when it gets expired during the review process.
                      You have to file a new one.

                      Comment


                      • #12
                        Stuck in 221 g

                        The state department sent the case to be reviewed by the uscis . That's a long process at least 180 days must pass before you can ask any questions so I suggest make Infopass appointment and go directly to them and ask questions the 181 day , call your congressman to get the help from them. This is very hard to get past this step. Some just file new visa is faster but you need to know why refused or it will happen again. Get the congressman to help you in the very least.

                        Comment

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