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ResourcesVisa & Immigration LawUS Immigration LawUS Visa Thailand: 221(g) Denials

US Visa Thailand: 221(g) Denials

Transcript of the above video:

I am briefly going to explain the 221 (g) and explain the difference between that and the RFE. 

The 221-g is issued by the Department of State, specifically by a Consular Officer adjudicating the case at the Consular section of a US Embassy abroad. Specifically for our purposes we will basically be discussing this in the context of the US Embassy in Bangkok but it could theoretically be issued by a Consular Officer anywhere around the world. The 221 (g) is technically speaking a refusal and sometimes referred to as a denial of a visa application. It is not a denial as such, as it is a refusal pending for the documentation. An outright denial, like say a denial based on grounds of legal inadmissibility, which we will be discussing in the piece and on the page talking about the I-601 waiver, that's a different matter. The 221 (g), very similar to the RFE in the context of the United States Citizenship and Immigration Service, the RFE is a request for evidence, a 221 (g) is very, very similar. Generally following an interview at the US Embassy here in Bangkok, if the Visa is not immediately issued or immediately put through the process of issuance upon the interview date, then a 221 (g) request for further documentation is issued at that point. The 221 (g), generally speaking 221 (g)s  have a 1-year the validity so what that means is the interviewee aka the applicant, the fiancée or spouse of an American citizen in America in many cases in our practice, or say somebody seeking business Visa benefits  who has interviewed at the Embassy, that person will be issued with a 221 (g) and they have a year to respond to said 221 (g). The case will remain open and at which time that the requirement of the 221 (g) can be met; the Visa will presumably be issued. In many cases further documentation regarding the span of the relationship, or evidence of the relationship, or further evidence regarding travel to and from Thailand on the part of the American petitioner maybe  necessary under a 221 (g). 221(g)s  can be issued for a variety of different reasons. They are specifically a refusal of the Visa but they are a refusal with reason. They are generally a refusal pending further documentation and once the reasons for the refusal have been overcome, generally speaking the Visa will be issued. Again 221(g)s  are markedly different from the RFE. If one has been issued an RFE by USCIS or is looking into issues regarding RFE by USCIS I strongly suggest checking out the page on our site involving RFEs and USCIS. For further information regarding Consular processing there’s further information on our website and blog specifically regarding Consular processing and 221 (g).