Jump to content

19 posts in this topic

Recommended Posts

Hello,

 

I am on F-1 Visa and now working on OPT status. I had applied for my mothers visa nonimmigrant visitor visa on 2nd May 2018 at the U.S. Consulate (Mumbai), India, to come to the United States for my commencement ceremony. On the day of the interview, the officer at the consulate accepted her passports and said that her visas were approved. However, a few days later, my mother received a white slip from the consulate stating that her visa application to the United States was denied under section 221(g) and that it required additional documentation. Soon after this request, I submitted the documents on 22nd May but I didn’t hear back from them for the next 9 months, I decided to re-submit the documents requested for administrative processing again in February . Her case was last updated on 25/02/2019.

 

It’s been almost a year now and her visa is still under Administrative Processing. I have contacted my state Senator but did not get any leads. Online on the website it says, "After one year, an application refused under Section 221(g) is terminated per Section 203(e)."  Does this mean that her visa process is terminated by default and I can reapply for her visa now as it has been more than a year with no response?

 

I am really looking for some guidance on what should my next steps be.

Thank you all for your help in advance.

 

Best,

Nafisa

 

Share this post


Link to post
Share on other sites

When was your commencement ceremony scheduled?


Removal of Conditions

12/29/2018  Sent ROC package to Dallas PO Box by USPS Priority Mail. 

12/30/2018  ROC package arrived & ready for pickup at Dallas PO Box at 7pm.

12/31/2018  USCIS received date

01/03/2019  Credit card transaction alert received at 7:10am authorizing charge of $680 to USCIS Dallas Lockbox

01/03/2019  Received text message from USCIS stating original receipt to follow in mail and a receipt number starting with MSC.

01/07/2019  Added receipt number to myaccount.uscis.dhs.gov/ and it shows case received and nothing to do at this time.

01/11/2019  Received US Postal Service Informed Delivery email at 8:20am showing incoming letter from USCIS.

01/11/2019  Received biometric appointment in the mail.  Biometric appointment is for 01/22/2019

01/14/2019  Completed walk-in biometric at Tampa Field Office.

01/29/2019  Filed an online e-request due to no I-797 receipt mailed to date.  Received automated email to expect a reply by Feb. 20.

01/30/2019  E-request response received.  They will send a duplicate receipt and we should receive it within 30 days.

02/04/2019  Informed delivery show an incoming letter form USCIS.  Won't know if it is a copy or original extension letter as we are out of country for about another 2 weeks and mail is on hold until then.

02/19/2019  USPS delivered our "hold mail" today.  Received an original 18 month extension letter.   Notice date is 01/30/2019.

04/13/2019  Checked case status online.  Case is ready to be scheduled for an interview as of 04/04/2019

 

Share this post


Link to post
Share on other sites
25 minutes ago, Nafisa11 said:

Hello,

 

I am on F-1 Visa and now working on OPT status. I had applied for my mothers visa nonimmigrant visitor visa on 2nd May 2018 at the U.S. Consulate (Mumbai), India, to come to the United States for my commencement ceremony. On the day of the interview, the officer at the consulate accepted her passports and said that her visas were approved. However, a few days later, my mother received a white slip from the consulate stating that her visa application to the United States was denied under section 221(g) and that it required additional documentation. Soon after this request, I submitted the documents on 22nd May but I didn’t hear back from them for the next 9 months, I decided to re-submit the documents requested for administrative processing again in February . Her case was last updated on 25/02/2019.

 

It’s been almost a year now and her visa is still under Administrative Processing. I have contacted my state Senator but did not get any leads. Online on the website it says, "After one year, an application refused under Section 221(g) is terminated per Section 203(e)."  Does this mean that her visa process is terminated by default and I can reapply for her visa now as it has been more than a year with no response?

 

I am really looking for some guidance on what should my next steps be.

Thank you all for your help in advance.

 

Best,

Nafisa

 

To clarify, you are not applying for your mom. Your mom is applying for a visitor visa. You may help her with the application process, but ultimately it is her visa and only she applies. What documents you submitted after the 221(g)?

 

Sounds like it was denied by default.

 

If she applied last year for a commencement ceremony, what would be the reason she puts for this time?


“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

Share this post


Link to post
Share on other sites
22 minutes ago, Unlockable said:

To clarify, you are not applying for your mom. Your mom is applying for a visitor visa. You may help her with the application process, but ultimately it is her visa and only she applies. What documents you submitted after the 221(g)?

 

Sounds like it was denied by default.

 

If she applied last year for a commencement ceremony, what would be the reason she puts for this time?

Yes, i understand that she applied for herself, and I was just doing the paperwork. If this time she applies, it will be for visiting me here thats all.

Share this post


Link to post
Share on other sites
36 minutes ago, USS_Voyager said:

You can always reapply.

 

Btw, my mom applied twice for visitor visa when I graduated undergrad and graduate school and both were denied.

But the question is, as her visa is still under administrative processing, can she reapply at the moment?

Share this post


Link to post
Share on other sites
4 minutes ago, Nafisa11 said:

Yes, i understand that she applied for herself, and I was just doing the paperwork. If this time she applies, it will be for visiting me here thats all.

But what were the documents you sent? They may have hurt your mother's case.


“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

Share this post


Link to post
Share on other sites
1 hour ago, Nafisa11 said:

my mother received a white slip from the consulate stating that her visa application to the United States was denied under section 221(g) and that it required additional documentation.

What was the exact denial? And as @Unlockable asked, what docs did you send in to the embassy?


82f011add0.png

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
14dcfe368a.png
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 
85d8d68f3a.png

Share this post


Link to post
Share on other sites
8 hours ago, SusieQQQ said:

Also would like to know what documents were required. It is unusual for documents to be asked for in a 221g case for a B visa, so I suspect knowing what they were will be informative. 

 

Please see the file attached, which was asked to be completed. 

 

Required Information.pdf

Share this post


Link to post
Share on other sites

Based on the PDF, seems like it could be a case of similar name so they may be asking for particulars from her to determine that she is who she says she is so as to dissuade their suspicions.


82f011add0.png

IR-1/CR-1
Spoiler

GOT MARRIED: 3-APR-2015 :wub:

HUSBAND FILED I-130: 29-MAY-2015

VISAS APPROVED: 15-JUN-2016

VISAS IN HAND; GREEN CARD FEES PAID: 21-JUN-2016

PORT OF ENTRY - FT. LAUDERDALE INTL AIRPORT: 06-AUG-2016
CONDITIONAL GREEN CARDS RECEIVED: 23-SEP-2016
14dcfe368a.png
 
I-751 FILER   
Spoiler
FILED REMOVAL OF CONDITIONS: 25-JUN-2018
FILE SENT TO NEBRASKA SERVICE CENTER 11-MAY-2019
10-YR GREEN CARDS APPROVED 17-JUN-2019 
10-YR GREEN CARDS RECEIVED 21-JUN-2019 :dance: 
85d8d68f3a.png

Share this post


Link to post
Share on other sites
Just now, Amadia said:

Based on the PDF, seems like it could be a case of similar name so they may be asking for particulars from her to determine that she is who she says she is so as to dissuade their suspicions.

I agree. But it has been a year now and I have tried to reach out for an update and I have also requested our senator but I only get a response saying that they can't provide any more details and I have to wait to hear back from embassy. 

So the question is, can I reapply for the visa or should I continue to wait? and what does this statement mean "After one year, an application refused under Section 221(g) is terminated per Section 203(e)." ?

 

Share this post


Link to post
Share on other sites
Posted (edited)
13 minutes ago, Nafisa11 said:

Please see the file attached, which was asked to be completed. 

 

Required Information.pdf 94.4 kB · 2 downloads

Aha, this does indeed shed light on the matter - this form is the kind of questions they ask for further background screening/security concerns. Not usually the kind of things asked of older females, but clearly something triggered. This can indeed lead to quite extended AP (it’s similar to the questions asked on DS5535 and if you look at that forum you see most people wait months and some do wait longer than a year for a resolution). So all you can really do is wait.

 

i think your quote about the termination is if the applicant is asked to do something and doesn’t, because we have plenty of cases here on VJ of AP being resolved after a year or more and clearly the case has still been active.

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...