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ResourcesVisa & Immigration LawUS Immigration LawI-601 Waivers, 221(g) Refusals, Administrative Processing, and Trump's Visa "Pause"?

I-601 Waivers, 221(g) Refusals, Administrative Processing, and Trump's Visa "Pause"?

Transcript of the above video: 

We're talking about a number of things in this video. One is what is called I-601 Waivers. For those who are unaware of what that is, in the event that one is found to be inadmissible to the United States it is possible to remedy that inadmissibility in certain cases utilizing what's called an I-601 waiver, basically a waiver of a finding of inadmissibility. We deal with a number of those types of cases here in the office; I've made videos on that in the past.

Also we're talking about issues pertaining to what's called 221(g) of the Immigration and Nationality Act. As a practical matter, 221(g) comes up when an Embassy or Consular Officer determines that a visa application needs to be refused pending further documentation. Sometimes when such a refusal is issued, they will note that the case is in what is called administrative processing, and I've talked about this in the past; I call it the Black Hole of Immigration because cases that go into admin. processing, especially at the Embassy phase have a tendency to take a long time to get them out of there, if they can ever get out of there. Now I have never had an issue ultimately getting a case out of administrative processing but it's not a fun experience if you're in it. 

Which brings up Trump's "Visa pause". Mr. Trump, the President, has now - through basically executive action - stated that certain countries will see Visa issuance paused while they are reassessing matters pertaining to what is called the public charge rule which is basically the rule that prohibits bringing immigrants into the country who might pose a risk of going on what is called Means Tested Benefits in the United States, aka welfare. That's what the pause is about. They are sort of retooling the way that they scrutinize cases in a financial context for visas to the United States. The implications of this are, the way I am looking at it is look, the overall process continues; I've discussed this in other videos. Each case is going to continue processing in its standard manner, but when you get to the end of the process, it's kind of as if, the way it looks to us, the practical implications of this for now are that it's sort of like every case gets a 221(g) at the end, which is effectively a refusal pending further documentation and we're all being noted that the case is going into effectively administrative processing. So that's where things are at with regard to issuance of an actual Visa. 

Meanwhile, 601 Waivers have kind of a different processing protocol. I'm actually dealing with a couple of cases involving 601 Waivers, and I am sort of waiting to see exactly how this is treated, because the factual determinations against everything other than the inadmissibility, tends to have already been adjudicated, then they deal with matters pertaining to the inadmissibility. If the Waiver is issued, then presumably so should the Visa. 

That being said, it remains to be seen exactly how all this is going to play out so I'll certainly be keeping people updated on this channel as the situation evolves.