| The United States Embassy deny visa applications for | | | | and sincere reason for the visit. These are compelling |
| a myriad of reasons based on their own finding and | | | | factors the consular officered consider when |
| the documents submitted from the visa applicant. US | | | | evaluating an applicant's eligibility for the visa. The brief |
| consular officers are charged with reviewing relevant | | | | interview with the applicant is also valuable in the |
| documents, investigate the person's background, and | | | | consular officer's decision to approve or deny the visa. |
| conduct a personal interview to evaluate whether that | | | | 221(g) |
| individual is eligible for the visa. | | | | U.S. consulates abroad have been known to deny |
| When an immigrant visa is denied the applicant is | | | | visas based upon INA Section 221(g) even after the |
| issued a 221(g) or "blue sheet" indicating the evidence | | | | United States Citizenship and Immigration Services |
| submitted was insufficient. Visa denial is basically due | | | | (USCIS) has approved a petition for the visa |
| to the requirements of the United States Immigration | | | | application. |
| and Nationality Act (INA) Section 214(b), wherein the | | | | In a 221(g) case, the consular officers determine that |
| applicant did not have meaningful evidence of strong | | | | the requirements for a petition-based visa are not met |
| ties to a residence abroad to compel the applicant to | | | | by an applicant. They can refuse to issue the visa |
| return home after the visit. Administrative processing | | | | under Section 221(g). When they do so, they also |
| is sometimes equivalent to a 221(g) refusal as the | | | | request that the USCIS revoke the petition that was |
| consular officer was unable to approve the case | | | | approved earlier. |
| based on the evidence submitted, or a discrepancy | | | | Even though the USCIS has the primary authority to |
| was discovered requiring additional time to investigate. | | | | determine whether or not a person meets the |
| Administrative processing and 221(g) cases may | | | | requirements for a particular, petition-based visa |
| languish in visa purgatory until the visa expires or until | | | | classification, the consulate may reach a different |
| qualitative evidence is submitted by the visa applicant. | | | | conclusion and request that the USCIS reconsider its |
| 214(b) | | | | original approval of a petition. What can happen is that |
| Section 214(b) is part of the Immigration and Nationality | | | | new, negative information can come to light at the time |
| Act (INA). Most visa applicants apply for a tourist visa | | | | of the interview and the interviewing consular officer |
| or a student visa in this category. To qualify for a | | | | may conclude that the visa applicant either does not |
| visitor or student visa, a prospective visitor or student | | | | appear to meet the requirements of a fiancé/e. |
| applicant must meaningful evidence of funding, valid | | | | Essentially the individual did not convince the consular |
| purpose of the trip, and strong ties in a residence | | | | officer that the relationship is bona fide and possibly a |
| abroad to compel the applicant to return to after the | | | | sham marriage entered into to circumvent US |
| visit. | | | | Immigration law. Cases issued 221(g) are equivalent to |
| The most frequent basis for such a visa refusal | | | | a denial, however, some languish in visa purgatory |
| concerns the requirement that the prospective visitor | | | | similar to administrative processing. |
| or student possess a residence abroad he/she has no | | | | Whether the case is issued a 214(b), or 221(g) blue |
| intention of abandoning. Applicants prove the existence | | | | sheet, one should consult with a competent immigration |
| of such residence by demonstrating that they have | | | | attorney who is able to review the case and provide |
| ties abroad that would compel them to leave the U.S. | | | | the best course of action based on the applicant's |
| at the end of the temporary stay. Evidence of "strong | | | | unique sets of facts. Consular processing attorneys |
| ties" may be illustrated by consistent and steady | | | | are in a highly advantageous position to assist since |
| history of employment, sufficient collateral or property | | | | they are able to inquire directly with the consulate and |
| ownership to cover travel expenses, and a succinct | | | | embassy where the applicant's case was denied. |