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US Immigration: The Ever Changing 221g

Transcript of the above video:

As the title of this video suggests, we are discussing the 221g refusal. For those who are unaware, when you are applying for a US Visa, it is possible to just be outright denied. Now when you are dealing with a Non-Immigrant Visa that will happen a lot. Oftentimes they will cite what is called section 214b of the Immigration and Nationality Act which basically states that you haven't shown sufficient reason to issue the Visa essentially and I have done a number of videos on 214b. I really don't want to get into that. A 221g, we often see this happen in either Non-Immigrant Visas that have what is called dual intent so that is like the K-1 Fiancé Visa, technically a Non-Immigrant Visa but it operates like an Immigrant Visa. or sort of the Immigrant Spouse Visas or even the K-3 Visa. All of these, you are looking at Immigrant intent, you are going to the United States to live. Generally speaking, what we deal with here a lot is spouses of United States citizens, fiancé’s of United States citizens or Lawful Permanent Residents in the United States.

Now the thing to take away from this video is to understand okay what is a 221g?  A221g refusal is basically when the US Embassy says or the Consular Officer there who is specifically reviewing the case says "hey we are refusing the issuance of this Visa until you either rectify some issue or provide further documentation." That is basically what it is. Very similar to an RFE, or Request for Evidence issued by USCIS under the Department of Homeland Security although over here we are dealing with the Department of State in the form of a Consular Officer at an Embassy. 

So I have probably dealt with these for 14 years, 15 years. 221gs, they happen. I would love to tell you how to predict them but cases that I think are as qualified as can be and there is nothing else needed will get a 221g, and then sometimes there is stuff where I will think it wouldn't surprise me if they don't say "hey we want to see more of this information or that or more of this documentation" and it goes through. So hard to predict with a 221g. I will say though it has changed a lot. We didn't hardly see any during COVID but that was basically because there wasn't hardly anything moving through the system anyway. I have been seeing more of them recently and it doesn't make me particularly happy especially some of them that I have seen here very recently in my opinion I don't even see why they were issued but okay, whatever. We dealt with quite a number of what could be termed frivolous 221gs under the Trump Administration so not something I am, reasonable people can disagree I am not going to get in all that, but long story short is the form has actually changed a lot. The 221 they actually give out a form. As far as I can tell I am like on my 5th or 6th iteration of this form at this point. I don't know why it keeps changing because whatever form, they have had multiple forms in the past that in my opinion worked fine, I don't know why they change it but okay, the form does change as time goes on. We have seen a number of iterations of the 221g form. The thing to understand is it is a Visa refusal so until it is rectified you have essentially kind of got a refusal on your record. Once it is rectified and you are approved, the Visa is just approved and you go on about your life.