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US Visa Applications, Consular Processing, and 221(g) Refusals?
Transcript of the above video:
As the title of this video suggests, we are discussing, well we are discussing the US Visa application process, so we are talking about the second phase generally speaking of US Immigration matters pertaining to a family-based case. So we're talking about K-1 Fiancé Visas, possibly K-3 Marriage Visas - although those are fairly rare these days - and then the standard IR-1 or CR-1 Immigrant Spouse Visa.
After you are done dealing with the Department of Homeland Security, you have to go over to and utilize the US National Visa Center before you are going to be able to go ahead and deal with matters of processing at the US Embassy here in Bangkok, Thailand. Now please note, this is going to be a Thailand specific video but some of this information may be pertinent to folks processing their cases, their visa applications through US Embassies and Consulates elsewhere in the world.
So you are done with dealing with Department of Homeland Security, now you're maybe done with dealing with National Visa Center. You are dealing now with the interview phase at of US Embassy. What happens in the event that you get what's called 221(g) Refusal? What is it? Well generally speaking, a 221(g) Refusal here in Thailand is a refusal pending further documentation. If there's something else they want to see and you provide it to them, then they will go ahead and issue the Visa. It's kind of an odd sort of nebulous sort of refusal insofar as if it goes on too long for example here at the Embassy in Thailand, if one does not answer the 221(g) refusal and provide the documentation in a timely manner - in this case within a year - they can close the case. They can just administratively close the case and it's done and over with, so the refusal stands. So in a later adjudication, in a later case where you are trying to get another visa and they ask if you have ever been denied for Visa, you would have to say "yes I was denied" because you didn't follow up on the 221(g) refusal and that refusal became final. However if you do respond and they do go ahead and issue the Visa then effectively the denial was remedied and you are now dealing with an approved Visa.
So you don't really have to say you were ever denied, you were just refused temporarily until further documentation was produced and a US Visa, be it the K-1 Fiancé Visa or one of the Immigrant Spouse Visas was issued.