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ji_ver

Ineligible under section 221(g)

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Hallo --

 

Today I was found ineligible for an I-visa under section 221(g). Got a piece of paper that just says "Additional information is needed" - "Other visa classification".

 

It also says that if I don't take action within a year my application will expire.

They did not specify what type of visa we need, but the only option for what we're doing (interviewing people for entertainment purposes) is an O-visa I think? 


If we don't reapply: what does 'expire' mean? Can I travel as a tourist after? Will this mean my application is canceled and I can just travel on a ESTA or will this still mean I've been denied a visa? 

Thanks so much for you help. 
This was basically a misunderstanding from my work--which sucks because I love traveling the US. Ughhhh

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When you are refused a visa you need to update ESTA and add that refusal and see what happens.

 

Did they tell you what additional information is needed, did you ask?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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31 minutes ago, ji_ver said:

Today I was found ineligible for an I-visa under section 221(g). Got a piece of paper that just says "Additional information is needed" - "Other visa classification".

 

Sounds like you were refused because you applied for the wrong visa. "I-visa" is for journalists. 

O-visa is for "people who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements"

 

What are you wanting to go to the US for?

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10 minutes ago, Boiler said:

When you are refused a visa you need to update ESTA and add that refusal and see what happens.

 

Did they tell you what additional information is needed, did you ask?

They told me to apply for a different kind of visa classification -- so not the I-visa. They didn't specify what visa I need to apply for though
 

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Just now, ji_ver said:

They told me to apply for a different kind of visa classification -- so not the I-visa. They didn't specify what visa I need to apply for though
 

That makes sense, the one you applied for was not relevant to your stated purpose, they are not there to give guidance, but to process applications.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Posted (edited)
11 minutes ago, USS_Voyager said:

 

Sounds like you were refused because you applied for the wrong visa. "I-visa" is for journalists. 

O-visa is for "people who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements"

 

What are you wanting to go to the US for?

 

We are working on a tv-show, and want to conduct a series of interviews with US citizens about their culture, daily life, etc. We're doing this in many countries across the world.
Only eventually this documentary-style footage will be used in an entertainment show, which is the problem... The confusing part is they said we were possibly eligible for a different visa to do this though.

If this turns out to be an impossible visa to get, I have an additional question: if I let the 221(g) expire (so: if I don't ask for another visa on this application) -- will this be filed as a VISA denied situation? The bottom of the letter we received says "If you fali to take the action requested within one year of the 221(g) decision, your application will expire." The only information I can find about that is that if I were to apply for that visa again, I'd have to pay the $160 again. 

But what if I never want to apply for anything like that again? And just travel for a week or two with friends?   

Edited by ji_ver

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Have you discussed this with the Production Company Lawyers?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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This sounds like a refusal and not a full fledged denial and it does sound like you should apply for the O-visa rather than the I-visa. If they gave you a document that ask for additional information than it seems the best course would be to provide them with what they are looking for.

 

This may be a case where you did not show in your original evidence that you will be going to film a documentary (example; production credits, awards, itineraries, schedules, permits, NDA's, etc). If you and your company can show that you are a legit media company producing a documentary, than you may get approved for the O-visa.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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30 minutes ago, ji_ver said:

 

We are working on a tv-show, and want to conduct a series of interviews with US citizens about their culture, daily life, etc. We're doing this in many countries across the world.
Only eventually this documentary-style footage will be used in an entertainment show, which is the problem... The confusing part is they said we were possibly eligible for a different visa to do this though.

If this turns out to be an impossible visa to get, I have an additional question: if I let the 221(g) expire (so: if I don't ask for another visa on this application) -- will this be filed as a VISA denied situation? The bottom of the letter we received says "If you fali to take the action requested within one year of the 221(g) decision, your application will expire." The only information I can find about that is that if I were to apply for that visa again, I'd have to pay the $160 again. 

But what if I never want to apply for anything like that again? And just travel for a week or two with friends?   

A visa can be approved or declined, your was not approved, you need to update ESTA.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Update ESTA, if approved you can travel (assuming friends are eligible too). If not apply for a B2 and hope for an approval. 

 

Traveled to any other countries for the tv show yet? 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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An O visa cannot just be applied for directly.  It requires a USCIS approved petition first.

 

A 221(g) is a refusal of a visa.  In cases like yours, where additional information is requested, the refusal can be overcome if the response for the requested info is sufficient.  If not overcome (and a visa thus issued), it can affect your use of the VWP.

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1 minute ago, WeGuyGal said:

Update ESTA, if approved you can travel (assuming friends are eligible too). If not apply for a B2 and hope for an approval. 

 

Traveled to any other countries for the tv show yet? 

We have! It was never a problem, but none of the countries we've visited so far have immigration laws this strict -- all we've ever needed is a permit for a camera crew.

I have no immediate plans to travel to the US--but in the past I've usually gone about once a year. So maybe if I update my ESTA with an honest reason why, it might still get approved? 

Thanks so much everyone for your help and advice!

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4 minutes ago, ji_ver said:

We have! It was never a problem, but none of the countries we've visited so far have immigration laws this strict -- all we've ever needed is a permit for a camera crew.

I have no immediate plans to travel to the US--but in the past I've usually gone about once a year. So maybe if I update my ESTA with an honest reason why, it might still get approved? 

Thanks so much everyone for your help and advice!

maybe?

if? 

 

Have to be honest, period. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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There is no space for a reason.

 

And its not that they would not know anyway.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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13 hours ago, ji_ver said:

So maybe if I update my ESTA with an honest reason why, it might still get approved?

ESTA applications are not typically manually reviewed.

The reason for refusal is not part of the application.

If you need to apply for a visa in the future and they ask about it, you can explain it at that time.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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