Administrative processing also known as 221(g); when issued by a consular office, does not mean your visa has been denied. It means your visa application has been refused. A refusal is not a denial. It indicates that further review of your petition is necessary. The reason for this additional processing is never made clear.
Your application is incomplete and/or further documentation is required – Applicants whose application forms and/or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed what is needed and how to provide it to the embassy or consulate.
When an applicant is refused under 221(g), it means the consular officer determined that the applicant was not eligible for a visa after completing and executing the visa application and any required interview. It is possible that a consular officer will reconsider a visa application refused under 221(g) at a later date, based on additional information or upon the resolution of administrative processing, and determine that the applicant is eligible.
The Foreign Affairs Manual (FAM provides a brief definition of administrative processing. The phrase “necessary administrative processing” refers to additional clearance procedures or case submissions to the department”.
When we see cases that receive administrative processing, it can be because the consulate officer believes that there are circumstances pertaining to the application that require a further internal in-depth review by the Department of State. For example, it can be based on a country that you have previously visited. It could also be based on a lookout hit that triggers their decision.
What is a database hit:
All applicants have their biographic and biometric data checked against various databases, and the results are provided to the consular officer when they adjudicate you for your visa application. If there is a match to someone about whom the US government holds adverse watch list information, then the consular officer must confirm that the Applicant is not the same person on the watch list before issuing the visa. For example, we have had cases where possibly a distant relative has committed some sort of a crime and the applicant with the same name is now getting a hit against their visa application. There are also technology alert lists.
What options do you have when you receive administrative processing/221(g) refusal/denials?
The best way to handle administrative processing should a consular officer deem your visa application to warrant one is act quickly. You should speak to us so we can elicit what’s going on with your case. We will promptly reach out to the consulate and put them on notice that you are represented by an attorney. We will review the factual information pertaining to your case, including the reasons for the refusal, and we will then supplement with further documentation and a legal argument and start corresponding with the consular officer on your behalf to resolve your matter.
In the event the consulate is unresponsive, we have another option: Legal Net. Legal net is available to answer case specific questions involving the interpretation or application of immigration law.
We will aggressively pursue inquiries about your administrative processing with the consulate and will resolve this issue on your behalf as we deal with these issues often in our law practice. Listen to Caro discuss the ins and outs and what to do if you receive a 221(G) refusal.
