221g

[mikey315 0]

Can a 221g be appealed?... I understand that it can be possibly overturned but can it be appealed?

[JeanneAdil 6,939]

with so little info and no idea of what type of visa or a timeline,  no one can really advise u

but you need a better understanding of immigration

 

A 221(g) refusal for a visa application means the consular officer needs more information or additional processing before making a final decision. It doesn't necessarily mean the visa has been denied, but it can cause delays. In the context of an I-601 waiver, a 221(g) refusal might occur if the consular officer requires further documentation or clarification before determining if the waiver is applicable.  

 

 

a real denial can be appealed

 

Yes, you can appeal a denial of your Form I-601, Application for Waiver of Grounds of Inadmissibility. You have 30 days from the denial date to file Form I-290B, Notice of Appeal or Motion, with the Administrative Appeals Office (AAO). You can also reapply if your circumstances change. 

Edited May 15 by JeanneAdil

[appleblossom 3,954]

40 minutes ago, mikey315 said:

Can a 221g be appealed?... I understand that it can be possibly overturned but can it be appealed?

 

Yeah, as @JeanneAdil said we need more info to help you really. Please let us know what type of visa, which consulate, etc. 

[W199 421]

Upload a redacted copy of the 221g

[JeanneAdil 6,939]

2 minutes ago, W199 said:

Upload a redacted copy of the 221g

and tell us the color as there are 4

 

• Blue Form: Additional supporting documents are needed.
• White Form: Further processing is needed.
• Pink Form: Additional processing is being undertaken to check the validity of the information provided.
• Yellow Form: Longer time is needed to determine the status of the applicant.

[JeanneAdil 6,939]

OP started post but only stayed 4 minutes on site and has not returned 

OP , we are here to help (if possible ) so please return and complete a timeline 

Timelines and knowing type of visa and the embassy do help the VJ community to answer your query

 

this site is a good source of information 

 

 

[mikey315 0]

On 5/15/2025 at 2:06 PM, W199 said:

Upload a redacted copy of the 221g

 

[appleblossom 3,954]

So you’ve got a drug conviction? And what visa were you applying for?

 

Sounds like your conviction isn’t eligible for a waiver so there’s not really any way forward. But do consult with a couple of really good lawyers to check. 

 

 

Edited May 17 by appleblossom

[W199 421]

That is very sad and unfortunate for you and your spouse.  Seems like there is no coming back from this unless you can get a lawyer to get your conviction overturned, assuming you also never admitted to the crime.

 

Looks like your options are to get divorced and go your separate ways, or for your spouse to immigrate to Montreal.  I love Montreal, I think that is a great option.

 

Good luck and consult with some top immigration lawyers before making a decision.

 

 

 

 

[mikey315 0]

9 hours ago, W199 said:

That is very sad and unfortunate for you and your spouse.  Seems like there is no coming back from this unless you can get a lawyer to get your conviction overturned, assuming you also never admitted to the crime.

 

Looks like your options are to get divorced and go your separate ways, or for your spouse to immigrate to Montreal.  I love Montreal, I think that is a great option.

 

Good luck and consult with some top immigration lawyers before making a decision.

 

 

 

 

My only question was can this be appealed ??

[Boiler 46,978]

40 minutes ago, mikey315 said:

My only question was can this be appealed ??

On what basis?

[Crazy Cat 43,715]

51 minutes ago, mikey315 said:

My only question was can this be appealed ??

I think the only answer is probably no. If there was an appeals process, I believe they would have mentioned it.  I think this visa journey has ended.  If you can cure the convictions, there might be an avenue by a new application.  I, too, believe you should speak to an extremely good immigration attorney.

Edited May 17 by Crazy Cat

[W199 421]

Your 221g seems to say that you were convicted of drug trafficking under section 2C.  For that, there is no waiver or appeals

 

Unless you get a Presidential Pardon of you can overturn your conviction, there are no other options unless there are exceptional life threatening circumstances that make you eligible for humanitarian parole

 

In short .. and in all practicality .. the answer is no ... 

 

 

[Boiler 46,978]

Overturning a conviction for drugs probably will not work