Renee14

My husband was called by CO and received visa on November 21st. Remain patient your visa is coming God willing. 

He completed the supplemental form on August 11th. The interview was on August 9th.

2 hours ago, mori212 said:

 but why is it say office regret to inform you that your visa application has been refused under the immigration and nationality act, section 221 (G)

 

is it yours say that too ?

Just means that its not approved at this time and additional processing is required. Everyone who gets this form is in the same boat. After the processing is completed the embassy will reach out to you with further instructions such as bring your passport in to issue the visa etc.

1 hour ago, Mia12392 said:

I sent a inquiry yesterday and this morning i check my case status, the date changed but the embassy never emailed me back. I sent an inquiry 3 days ago as well but they never updated my date and I never received an email. I don't know what the heck is going on

They do this same type of thing in Dakar Senegal. If youre not getting responses and you feel you've been waiting too long, its better to have congressperson check. They almost always get response and accurate info on the status of the case.

6 hours ago, Mia12392 said:

I just spoke to a representative from NVC regarding my case. The kind lady on the phone told me that the embassy where you had your interview reviews your documents that are under administrative process. Nothing comes back to the United States unless the embassy denied your case. She said the processing time is determined by your embassy. 

NVC must tell people anything 

1 hour ago, NLZZLN said:

so my passport is check marked so do i send my passport cuz my 221g is about missing document? im really confused cuz instructions r not clear. 

I suggest you follow up with the embassy. The should be able to tell you what exactly they need from you 

1 hour ago, NLZZLN said:

one more question that came to my mind. the letter that u guys recieved 221g did they marked passport on it as well or just AP was marked on it?? cuz they marked passport on my sheet so i wanna know if they mark on all of the 221g. 

Passport wasn't checked. I was never asked to provide my passport after the interview. They took my documents and said we'll contact you.

1 hour ago, NLZZLN said:

one more question i have the form i recieved 221g, missing document and/or administrative process have been met. and only administrative process was check marked on it and passport. so that means my case is at the embassy n they r looking at the case again n hopefully will make decision soon right??

Yes if they need anything else from you like your medical they will request it. But I would still double check on why they returned it to you

2 hours ago, NLZZLN said:

should i send an email to them or will an email delay my case even more??

Emails don't delay the case

55 minutes ago, NLZZLN said:

one more thing they returned my husband's medical as well why did they do that?? its really confusing cuz the same day the returned the passport with the medical. 

I'm not sure why they returned your medical with the passport. You should email to ask.

My interview was in Dakar Senegal. We've been waiting since August 9th. Not sure about the processing speed at your embassy. The AP wait time seems to be averaging at least 60 days at a minimum for most. But maybe the urgent in the subject means something to that embassy. I don't know.

4 minutes ago, NLZZLN said:

In order to complete the processing for your U.S. visa, please complete the questionnaire following the steps below:

 

1.      Hit reply to this email

2.      Fill in the questionnaire with appropriate responses

3.      Hit the send button when form is completely filled up

4.      Do not/not print the form and scan it into another email

5.      Do not send the form in any other format like pdf, jpg or ……

                                          

If you fail to submit the below questionnaire properly, your email will be deleted and your administrative processing will be subject to further delay.

 

Your application cannot be finalized until you have submitted this questionnaire.  You may continue to check the status of your case online at:

Just return the form asap. The sooner you get it in the better because the processing isn't quick

3 minutes ago, NLZZLN said:

In order to complete the processing for your U.S. visa, please complete the questionnaire following the steps below:

 

1.      Hit reply to this email

2.      Fill in the questionnaire with appropriate responses

3.      Hit the send button when form is completely filled up

4.      Do not/not print the form and scan it into another email

5.      Do not send the form in any other format like pdf, jpg or ……

                                          

If you fail to submit the below questionnaire properly, your email will be deleted and your administrative processing will be subject to further delay.

 

Your application cannot be finalized until you have submitted this questionnaire.  You may continue to check the status of your case online at:

I followed those instructions exactly how its written. Don't remember the subject whether it was urgent. Only hit reply button like in the instructions. Filled it and sent it

59 minutes ago, NLZZLN said:

in january they were keeping his passport for stamping but we asked for hold of one year. so the officer said that they will hold his visa for one year n if my husband send the passport after june then he will need to submit new medical. before june he will need to send in only passport for stamping. so after my delivery this month we decided to send the passport with the medical but they returned the passport with the medical n with green slip 221g only AP check marked on it. Also the same day they recieve my husband's passport the returned it the same day n sentds 5535 form as well which i submitted it within one hr. 

It sounds like you were approved but since the visa was on hold and a new vetting has come into affect during your hold period now they want you to complete the 5535. I would complete it and have my Congress person follow up on that situation.

4 hours ago, aadi0014 said:

Thanks for the information. But the fact is that we don't know the exact time each case is different from another, mine is entering today on 84th day it's gonna be three months soon. Can't handle this stress now

Mine is 90 days. Hang in there. We'll all get our visas God willing

The worst part is the transparency. One thing I realized is that the delay could also be due to the number of cases that are being processed ahead of you and the embassy workload 

2 hours ago, StoneLand said:

Who do they talk to? Please explain 

This is additional processing before the addition of the DS-5535.

In Depth Look at Additional Processing

221(g) can be broadly classified into four categories, based on the kind of additional processing needed:

1. Administrative Processing – 221(g) is given in this category when visa officer wants to check something in your background. The case is sent to an agency in Washington, D.C. for further handling to establish the applicants eligibility for the visa. A clearance by this department or agency is required for issuing the visa. Usually the consulate mentions to the candidate that they are sending the case for administrative processing when they give them 221(g) in this category. Name Checks, Security Review, TAL etc, fall in this category.

Standard Statement on 221(g) letter: Your application for a non-immigrant visa has not been refused. At present, your application must be suspended under section 221g of the immigration and nationality Act. Embassy xxxxxx will resume action on your application after we are informed that this review is completed. Please be advised, however, we do not control the pace or scope of this review.

• Administrative processing “

Once the application in held under this category the some of the following steps usually happen:

1. Extensive Name Check – For common name hits that occur at the consulate further investigation is carried out to ensure the identity of the individual
2. Finger Prints Investigation- Finger prints taken at the interview are forwarded to FBI for cross checking against records
3. Condor Checks: This happens to check on the following items
   1. Travel to predominantly Muslim countries
   2. Prior foreign military service in certain countries
   3. Prior employment in sensitive sectors
   4. Specialized training that may have military, intelligence or security implications
   5. Birth or residency in certain countries
4. Mantis Check – Conducted on individuals involved in one of the 15 fields in critical fields list on the Department of State Technology Alert List
5. NCIC (National Crime Information Center) Lookup: For checking on any previous criminal records
6. Consulate Consolidated Database (CCD) check – for all previous applications and records with US consulates
7. Checking in any of the alert systems: IBIS (Interagency Border Inspection System), NIIS (Non-Immigrant Information System), CLASS (Consular Lookout and Support System), TIPOFF (Classified DOS Bureau of Intelligence database), NAILS (National Automated Immigration Lookout System), TECS II (Treasury Enforcement and Communucation System), TSC and TTIC databases (DOS Terrorist Screening system)

Further information about administrative processing, processing times and issues can be found on:

http://www.reevesglobalvisaservices.com/security_check_delays.php

http://www.ankawa.com/forum/index.php?action=dlattach;topic=267544.0;attach=725104

2. Further Consulate Review – 221(g) of this type is issued when the visa officer wants to further investigate your application file. The case is held at the consulate for additional time to carry out this investigation. The consulate officer gives 221(g) in this category as supporting documentation or information to clear these cases is not immediately accessible, so they put the visa on hold at the consulate till that missing piece is available. It also can happen when your case is being more closely scrutinized for accuracy. They mention to the candidate that everything is fine with their application but the consulate needs more time to process the application.

Sample Statement on 221(g) letter: “Your application for a non immigrant visa has been placed in our pending category. Per section 221(g) of the U.S. Immigration and Nationality Act further documentation or processing is needed before we can make a final determination on your case.

____When the processing is complete on your case, someone from the consulate section will notify you and ask you to return the Consulate General on any workday”

Usually in these cases the resolution time is quicker as the the case is being verified by the consulate itself unless it is further reclassified into other categories of 221(g).

3. Missing information or documentation: When the visa office discovers that the applicants file is missing some document or information, the individual is given a sheet of missing documents and informed that their application is suspended under 221(g) until the documents are submitted. The applicant has a time period depending on the consulate to submit the missing document. Upon submission the case is reconsidered.

Sample Statement on 221(g) letter: “Further action in your case has been suspended under Section 221(g) of the United States Immigration and Nationlity Act, pending the receipt and review of the information and documents below”

Submit the requested documents as soon as possible.

4. Employee Employer Relationship(EVC/EC Model) – This applies to H1B holders only. The visa officers has concerns with the nature of employment so 221(g) is issued. The case is sent back to USCIS as the consulate sees mismatches with information within the PIMS (Petition Information Management System) conflicting either the employee-employer relation or issue with one of the companies in the relation. The USCIS needs to check and validate the employee relation is genuine and the companies are not under scrutiny for any violations. In a employer vendor client (EVC) model or employer client (EC) model if the candidate is missing essential documentation (such as Client Letter) or provides mismatching information the consulate sends the cases back to USCIS to verify the initially approved application. If the USCIS reaffirms the approved visa application the consulate can either accept that decision or invite the candidate for another interview to further clarify any questions regarding the application.

Sample Statement on 221(g) letter: “Your case has been suspended under section 221(g) of the United States Immigration and Nationality Act. We have returned your application and petition to United States Citizenship and Immigration Service (USCIS).”

The application is forwarded to USCIS with a memorandum explaining the case as presented at the time of the interview. The consulate does not handle the case any further until a clearance is obtained from USCIS.

The guidelines used for determining are mentioned in the USCIS link below and the validity of employee employer relation guidelines in a USCIS memo (Use it in preparing your application and interview)

USCIS guidelines for EMPLOYEE EMPLOYER RELATION

http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf

The following are the next steps that take place

• Petition is returned to the United States by the interviewing consulate for “further review” in what is called a diplomatic pouch.
• Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
• Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
• Local service center receives returned petition.
• Local service center who processed the original petition sends a notice of receipt to the petitioner.
• Local service center reviews the returned petition and consular officer notes on the case.
• Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
• Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
• Local service center receives evidence…if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
• If the petition is denied the local service center sends the petitioner an ‘official’ denial letter. This can be officially appealed if the denial letter states such.
• If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
• Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
• Consulate notifies the beneficiary of a new interview date.
• Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

Source: http://forums.immigration.com/showthread.php?269529-What-to-do-when-you-get-221g-**Must-read**

Coloring Schemes

The U.S. consulate hands out a colored paper to the applicant they give 221 (g). The meaning of the color scheme varies according to the consulate and indicates different types of actions or information needed to clear the 221(g) status. In general though color schemes do not give enough information about what is needed to clear 221(g).

Some information on the nature of color coding can be found on the website: http://jakarta.usembassy.gov/visa/visa_ineligibilities.html

There are some common recurring reasons as stated by the consulates to why 221(g) was issued. So here is a list of usual reasons the consulate officer gives an applicant 221 (g) with the most probable color.

1. Name check, background check (Blue, Yellow a Green)

An applicant is put under administrative processing in this category

• If there is a name hit with the database. Common last names sometimes can be the reason for this and the consulate forwards the case to an agency to clear or establish the applicant’s identity.
• If the applicant overstayed a previous stay in US or violated the rules of a previous visa. This includes individuals who went out of status for a short term due to an expired visa while a new visa a filed.
• Some common religious last names
• The employee educational background does not match with the job description or employee does not have qualifications for the job

2. Security review, background check (Blue)

This is given to an applicant when:

• There is name hit in the security database
• Admissibility issues due to security, legal or criminal concerns (such as pending traffic tickets, guilty ruling in a criminal offense etc)
• Previous relation or visit to a unfriendly country
• Work background in restricted technology areas on the Technology Alert List
• Suspicion of document forgery

3. Application needs additional information (Pink, White)

The application is put on hold through 221 (g) and additional information is requested when

• Vital information is missing from the application
• The information provided during the interview conflicts with the information provided on the application
• Not enough information to establish that the visa can be granted
• Validating host – sponsoring company, university, relation
• Not enough information or supporting documents from employer

4. Not enough Supporting documentation (Green, Yellow)

Additional documentation is requested through a 221(g) when:

• Additional documents to ascertain the legitimacy of the application beyond the primary proof (marriage certificate for H4, employment letter for H1, admission letter for F1, supporting letter for visitor etc.) to establish the need for the visa
• Financial information to establish supportability – bank statements, tax filings, payments
• To ensure the correct credentials – the job profile matches the educational background, the business credentials qualify for B1 etc.,
• Unclear relationship- employee-employer (EVC model), family, relationship with a sponsor etc.,

5. Document and information validation (Yellow)

In cases where the documentation provided is not able to be verified immediately the consulate issues 221 (g) until the supporting documents can be checked. This might include:

• Calling the organization (School, University, Company, Financial institution) that issued the document
• Using an agency or third party of verify the documentation
• Request to provide further documentation

6. EVC Model, Employee-employer relation (Green, Yellow, Pink, Blue)

Usually issued when the applicant is working at a vendor other than the employer. The following are the reasons:

• The application is sent to USCIS for verifying the eligibility of the candidate
• The employee-employer relation not properly established
• Job duties have changed significantly with the vendor and no amended petition was filed
• Not enough information about the vendor or the client
• Job profile does not match with employee background

7. Verifying legitimacy of the candidate for the visa type (Pink, Blue, Yellow)

Sometimes when the consulate feels the candidate may not be fit for the visa applied they issue 221 (g) to ascertain the eligibility. This applies when:

• Applicant does not seem to have qualification for the visa type
• Suspicion the applicant would not leave US after the visa period

1 minute ago, Tarsha said:

Because I know a case in the same country I’m going through (well the country my fiancé going through) who was approved at 54 days 

Yes I know there's different AP and each case is different however i wanted to shead light on what AP included since someone said it's just a background check etc. If you look up the measures taken on regular AP that's posted in this forum you will see  it's actually more extensive than that. There are several checks that were already being run prior to this form. This form is an addition to what was already been evaluated on AP. If there's no further scrutiny the visa gets issued 

Just now, Tarsha said:

I been researching cases for 3 years. I’ve heard and seen all types of cases 

Ok I'm just making it clear because I've been going through this for almost 3 years and my Congress person working on these things for over 20 years. Met many others going through it for years as well. It's not a simple black and white process.

Just now, StoneLand said:

Who do they talk to? Please explain 

Sometimes they question people on the validity of your information that you've provided. I've heard of people even getting denied because they find out men have other wives etc.

13 minutes ago, Tarsha said:

Exactly...People from the Pentagon not flying in talking to anyone though. I’m just making fun of the Pentagon thing because a group I’m in laughed about that a few months ago lol

Just search through the form for AP  you'll see what I'm referring to. I don't have time to look for it right now. 

3 minutes ago, Tarsha said:

Fingerprints and ds-160 and ds-260 is a form that can easily be done for a background check. The questions on the form...

Who your siblings? 

Addresses last 15 years? 

Social media and email handles last 5 years?

Funds used to travel? 

 

What type of questions are these? The same ones used on the ds-160/260 form. With the addition of social media 

On AP they do go out and talk to people it's not just a form. It's an investigation.

26 minutes ago, Tarsha said:

Your form includes generic questions, USCIS has cleared us (the USC), now the country in which you, your fiancé, or fiancée resides in has to clear their citizen. It does not come to the US...if it comes to the US, you will receive notification that it is being shipped. The embassy will no longer have the information. The embassy gives you your approval. If it’s denied they’ll then route it to the states so USCIS can deny it and sent out a letter 

Why would electronic information need to be shipped for extra vetting ? 

Before this form people would get on AP and they would do extra checks. However the CO didn't have as much information on the applicant such as sibilings social media etc. 

Sounds like What you're referring to is if the visa is denied and the entire file is returned to NVC then to USCIS to issue NOIR

1 minute ago, StoneLand said:

1. CO tells applicants who are given DS5535 that there’s no time frame for this process.

 

2. US is not a 3rd world country. That have all the means to background check anyone in a blink of an eye.

 

3. The form has the informations to help embassies/DHS/USCIS to do a thorough background check.

 

4. 3 to 4 months of background check is ridiculous after you are given all informations required.

 

5. Some people have lived in the US legally as students etc, still on AP due to DS5535.

 

DOES ALL OF THESE MAKE SENSE JUST FOR A BACKGROUND CHECK?

 

What I'm saying is that it's not a simple background check. There was a post in this form that includes what regular AP included before this form and it was pretty extensive in itself. This form is an add on to that. If I find the post I will share it with you.

8 minutes ago, StoneLand said:

They might conduct a background check for few applicants at embassy’s level. But I believe this is a method to slow down Immigration. I have noticed a clear grammatical error on the DS5535 form I was sent and that’s how I know it’s not serious. The waiting hurts tho

I believe the embassy gives it to people to slow down their processing but I think the people who get it get checked more than a background. They already had that type of AP before this form was created. This form is for extra security measures.

Everyone isn't getting this form

18 minutes ago, Tarsha said:

The pentagon in Washington? Lol...a foreign person being checked in the United States? The country which they reside in is doing the vetting 

Yes the purpose of the form is for the US to vet the information of the foreign person lol isn't it? The database is for these type of checks, terrorism etc is at the pentagon in Washington DC and the embassys abroad don't have access or capability.  They just forward over the info electronically and wait for it to return. That's why there is no speed when you email the embassy. Their hands are tied

This is why the wait is do long. Again, don't know how true it is but that's what I was told.

54 minutes ago, rafiq akhtar said:

where do these forms get sent? and why does it take sooooooooooo long just to do a backround check? any idea anyone

Don't know if it's true. Heard they go to the pentagon where the checks are ran. If so, they probably have many checks going on for different things which is why there's a wait 

But that makes sense as to why when you email the embassy it doesnt change the wait. They only respond if any saying still in AP. They don't have control over that process. 

2 minutes ago, Mia12392 said:

I read a news article and it seems like the trump administration is going to keep the form for a more secure vetting process.

Yep and even if they discontinued it they will probably still process the ones that are already pending

No update since Aug 17