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please help----- consulate interview

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  • please help----- consulate interview

    Hi I am new at this so please forgive me if this is not making since.
    My brother inlaw had his interview at the consulate in dubai on Jan04,2005. He was given a form that said you are found ineligible under section221(g) to recieve a visa then it says see attached. the attatched form say your case requires futher administrative processing. when the admin processing is complete it will be posted on the web page. So does this mean that it is denied or is this a way to put him off for denile later. How long does admin process take it has been about 6 weeks. He did call the consulate they were very rude said it could be two weeks too two year and hung up. what can we do now

  • #2
    Hi I am new at this so please forgive me if this is not making since.
    My brother inlaw had his interview at the consulate in dubai on Jan04,2005. He was given a form that said you are found ineligible under section221(g) to recieve a visa then it says see attached. the attatched form say your case requires futher administrative processing. when the admin processing is complete it will be posted on the web page. So does this mean that it is denied or is this a way to put him off for denile later. How long does admin process take it has been about 6 weeks. He did call the consulate they were very rude said it could be two weeks too two year and hung up. what can we do now

    Comment


    • #3
      here is a copy of INA section 221(g) from uscis.gov

      (g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15) (B) or (F), if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States.


      If your brother in law is ineligible under INA section 212 (for example, he previously overstayed a visa, or commited some type of "crime of moral turpitude" - which can be nearly any crime with a MAXIMUM possible sentence of 1 year... etc.)

      AND he is married to either a USC or an LPR. He may be eligible to file a waiver (of course, this depends on the section he was found ineligible under).

      The waiver is the I-601. For more information on the I-601, etc. please see www.immigrate2us.net

      Comment


      • #4
        he has never been arrested or anything he was denied by 221g not 212. He was given a piece of paper that said to check the internet web page but we are not sure how long it will take or if he will actuallly get a visa or if it was reallly denied

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        • #5
          I am glad to hear that. Perhaps the denial was based solely on problems with the application.

          However, I have quoted section 221(g) for you above. I hope that you find this at least a little bit helpful.

          Best of luck in the process.

          Comment


          • #6
            Thanks for your help

            Comment


            • #7
              Hey, many consulates are keeping certain applications for administrative processing. They send those applications to Department of State for any further investigation for fraud, prior statuses etc. Though this may not be of much concern for genuine cases, but it definitely takes too much time in certain cases. In fact, though they say 6-8 weeks, but in some cases it may take well over an year till one hears on the application.

              Sometime ago I read some news on consulates in India doing that for high technology related applications. Lot of other consulates do that for various purposes. You can read the related news which I read some time ago:

              http://www.visapro.com/Immigration-News/?a=189&z=19

              Comment


              • #8
                thanks for your response and suggestions

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