At our office, we know how long and emotionally difficult the immigration process can be—particularly when you’re applying for a family-based or employment-based visa after a U.S. petition has already been approved. By the time you attend your interview at a U.S. embassy or consulate abroad, you’ve likely already waited years.
So, it can be alarming to hear the consular officer say your visa is “refused” under INA § 221(g)—or to check your case online and see that dreaded word: “Refused.” Many clients think their case is over. But in most cases, this isn’t a denial at all.
Here’s what’s really going on—and how we can help.
What Is a 221(g) Refusal?
Under section 221(g) of the Immigration and Nationality Act, a consular officer is required to either approve or refuse a visa at the time of the interview. But that refusal doesn’t always mean you’ve been denied. Instead, a 221(g) is a “soft refusal”—a procedural hold while the consulate waits for more information or completes additional review.
In these situations, the case is placed into “administrative processing.”
This is not a final denial. It simply means the officer couldn’t issue the visa on the day of the interview.
Why Was My Case Refused Under 221(g)?
A 221(g) refusal often means that one or more of the following is needed:
- Additional civil or financial documents (e.g., marriage certificate, police clearance, updated I-864)
- Clarification or explanation of facts (e.g., employment duties, relationship history)
- Internal U.S. government background or security checks
- Time to verify the petitioning employer or evaluate complex case history
In some cases, the officer will provide you with a written notice listing the exact items needed. In other cases, your case will simply move into administrative processing with no specific instructions.
What We Do to Help You After a 221(g)
When you receive a 221(g) refusal, we step in immediately to help you move the case forward. Depending on what is needed, we will work with you to gather and submit any required documents, explanations, or evidence. We’ll communicate with the consulate when appropriate, and monitor your case status via the State Department’s CEAC system.
In many cases, we’re able to resolve the issue quickly and get your visa issued without significant delay. This is particularly true when the problem is one of missing or outdated documents, or when clarification can be provided with a legal explanation or supplemental materials.
But Sometimes, Administrative Processing Doesn’t End
Unfortunately, some cases remain stuck in administrative processing for months or even years, with little or no information provided by the consulate. Repeated follow-ups often yield the same answer: “Your case is still undergoing administrative review.”
In these cases, our firm may recommend taking further action—including litigation in federal court to compel the government to act on your case.
In Summary
A visa refusal under INA § 221(g) is a temporary and often solvable problem. As your attorneys, we will guide you through the administrative processing phase, help submit the necessary documents, and follow up with the consulate to keep your case moving.
In most cases, that’s all it takes to turn a 221(g) refusal into an approved visa.
But if your case remains stalled for an unreasonable period, we’re also prepared to discuss next steps—including the possibility of filing a federal lawsuit to force a decision. That option is rare, but when appropriate, it can be a powerful tool.
Stay tuned—our next article will explain how litigation can help break free from prolonged administrative processing.
