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Many of our followers have been asking a very important question, what does a visa “refusal” mean and what is 221(g) Administrative Processing?

The situation unfolds something like this. You’ve applied for a non-immigrant visa and have attended your Consular visa interview. After attending your interview, you check the status of your visa on the State Department’s Consular Electronic Application Center (CEAC) webpage, and you see the dreaded words “Refused.”

What does this all mean and what can you expect if you find yourself in this predicament? In this video, attorney Jacob Sapochnick walks you through the meaning of a “refusal” and how you can still be successful in obtaining a visa despite this obstacle.

Overview

Applicants for nonimmigrant visas can check the status of their visa cases by visiting the State Department’s Consular Electronics Application Center CEAC launch page .

To check your status, you must enter your DS-160 confirmation number and the Consular location (Country and City) where you were interviewed.

The DS-160 confirmation number can be found on the DS-160 confirmation page and starts with AA followed by 8 digits.

Once you have successfully entered the online CEAC visa check system, you will receive one of the following results:

(1) Application receipt pending

If you have submitted your online non-immigrant visa application (DS-160), it has not yet been processed into the visa system. At some locations, your application will remain in this status until you appear for an interview or until your application is ready for review. Please see the Embassy or Consulate website for information on the next steps required for visa processing.

Meaning: 

The application data has not been entered into the Embassy system.

For interview cases, the application will remain in this status until the applicant appears for an interview.

For mail-in cases, this means the Embassy has not received the application.

(2) Application Received

Your case is open and ready for your interview, fingerprints, and required documents. If you have already had your interview, please check your status after two business days. If no interview was required, please check back in two business days for the updated status of your application.

For mail-in cases: The visa application has been received by the Embassy and is undergoing review.

This also includes cases that are pending for additional documents

(3) Administrative Processing

Your visa case is currently undergoing administrative processing. This processing can take several weeks. Please follow any instructions provided by the consular officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed back within two business days.

This status includes:

  • The visa issuance process (visa has been approved but not yet printed)
  • Pending for additional documents/information

(4) Issued

Your visa is in final processing. If you have not received after 10 working days, please see the webpage for contact information of the Embassy or Consulate where you submitted your application.

Meaning:

The visa has been issued

(5) Refused

A U.S. consular officer has adjudicated and refused your visa application. Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete. Please be advised that the processing time varies and that you will be contacted if additional information is needed.

This includes cases that are:

  • Pending for additional documents/information
  • * Administrative Processing (See below for details)
  • Cases with a waiver request pending.
  • Denied under Section 214(b) of the INA.
    • For E-visa new company registration cases: The visa application has been received by the Embassy and is ready for review. Please wait for further instructions from the Embassy or Consulate. Processing time for new company registration typically takes at least 3 weeks.

For the purposes of this video, we will focus on what the visa status “refused” really means.

Applicants can receive a visa “refusal” for a number of different reasons.

In many cases, applicants are left confused upon seeing a visa “refusal,” especially where the Consular officer has told the applicant that their visa has been approved following their visa interview. In other situations, applicants have received a “refusal” after following the Consulate’s instructions to submit documents via dropbox (for instance for applicants seeking H-1B visa stamping). Applicants who have been told their cases have been placed in 221(g) administrative processing also receive a visa “refusal.”

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Welcome back to the Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick shares the most up to date information regarding the current status of U.S. visa services at U.S. Consulates and Embassies worldwide.

Many of our viewers have been asking us to provide a new update regarding visa operations in the year 2023. Here we provide a roundup of everything we know about this important topic.

Keep on watching to find out more.

Overview

As you might remember, the Department of State first suspended routine visa services at U.S. Consulates and Embassies worldwide during March of 2020 due to the COVID-19 pandemic. Slowly, but surely, Embassies and Consulates began a phased resumption of routine visa services, scheduling visa interviews according to local country conditions.

Today, Coronavirus restrictions have been lifted worldwide. Approximately 96 percent of U.S. Embassies and Consulates are interviewing visa applicants, while processing nonimmigrant visa applications at 94 percent of pre-pandemic monthly averages, and immigrant visa applications at 130 percent.

In the past 12 months (through September 30, 2022), DOS reported processing 8 million non-immigrant visas. The agency expects to soon meet or exceed pre-pandemic visa processing capacity.

The waiver of in-person visa interviews for several key visa categories has been an important part of driving down the substantial visa backlogs. For instance, DOS has been waiving in-person interviews for many students and temporary workers integral to supply chains.  In addition, applicants renewing nonimmigrant visas in the same classification within 48 months of their prior visa’s expiration can apply for visas without an in-person interview in their country of nationality or residence.  This has dramatically reduced the wait time for an interview appointment at many Embassies and Consulates.

The State Department estimates that 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver, freeing up in-person interview appointments for those applicants who still require an in-person interview.

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In this video attorney Jacob Sapochnick, brings you the latest updates regarding the rates of immigrant and non-immigrant visa approvals at U.S. Consulates and Embassies worldwide.

The latest Immigrant and Non-immigrant Visa Issuance Reports recently published by the State Department demonstrate that both immigrant and non-immigrant visa approvals are increasing significantly, nearly returning to pre-pandemic visa processing levels.

If you want to know more just keep on watching.

Did you know? Every fiscal year, the Department of State releases the Immigrant and Non-immigrant Visa Issuance Reports which include important statistics and data relating to current immigrant and non-immigrant visa backlogs at U.S. Consulates and Embassies worldwide. The data includes information regarding the number of immigrant and non-immigrant visas being issued at each Consular post worldwide, and a complete breakdown of visa issuance numbers by visa category.

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As we near the end of the month, attorney Jacob Sapochnick discusses the release of the February 2023 Visa Bulletin and the trends and projected movement you can expect to see in the family-sponsored and employment-based preference categories for the month of February.

If you are interested to know about the cutoff dates and visa availability for the upcoming Visa Bulletin, please keep on watching.

Did you know? Every month the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants can assemble and submit the required documentation to the National Visa Center (for those residing overseas), or USCIS (for those residing in the United States).

The primary purpose of the Visa bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.

Overview

USCIS Adjustment of Status Filing Charts for the February Visa Bulletin (for those residing in the USA)

To be eligible to file a family or employment-based adjustment of status application in the month of February (for those residing inside the United States), foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023 to determine when you can apply for adjustment of status.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2023 to determine when you can apply for adjustment of status.

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Do you have a case waiting to be processed by the National Visa Center? In this video, attorney Jacob Sapochnick discusses the latest updates on visa processing and interview scheduling in the new year.

This includes information regarding current visa backlogs and what you can expect from the National Visa Center.

If you would like to learn more about this important topic, just keep on watching.

Did you know? For immigrant visa petitions, the National Visa Center (NVC) functions as an intermediary between USCIS and the Embassy or Consulate that will eventually schedule your immigrant visa interview.

After the U.S. Citizenship and Immigration Services (USCIS) has approved your I-130 or I-140 immigrant visa petition, USCIS will forward your petition to the National Visa Center (NVC) in Portsmouth, New Hampshire. The NVC will complete immigrant visa pre-processing once your priority date becomes current pursuant to the Visa Bulletin.

Immediate relative categories do not have yearly numerical limits and pre-processing can begin once your case has reached the NVC. However, other family preference and employment-based immigrant categories have annual numerical limits, preventing pre-processing from taking place until the priority date is current.

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In this video, we bring you the latest update from the State Department regarding the status of worldwide consular visa operations as of October 2022, including statistics and what you can expect in the coming months as it relates to visa processing.

If you are waiting for your immigrant visa to be processed at a U.S. Embassy or Consulate overseas, then this video is right for you.

Did You know? The State Department recently announced that it has reached pre-pandemic visa processing.

If you would like to know more about this important topic, just keep on watching.

Overview

The State Department recently provided a report on the status of consular visa operations and what the agency has been doing to cut down the waiting periods for immigrant and nonimmigrant visa applicants at Consulates worldwide. We provide the highlights of the report down below.

One of the major ways in which the State Department is improving visa processing times is by hiring more U.S. foreign service workers at Consulates overseas.

As you may be aware, visa backlogs at Consulates overseas piled up during the COVID-19 pandemic after the Department of State announced a worldwide suspension of routine visa services. Due to the restrictions on travel to the United States, as well as several other factors including social distancing protocols, Consulates were unable to schedule applicants for in-person visa interviews. The result was that virtually no visas were issued in the family preference categories during the temporary suspension of visa services, which caused the backlogs to increase significantly.

What is happening with visa operations now?

The State Department is almost back to pre-pandemic processing.

New initiatives like interview waivers are providing relief to Consulates and Embassies, while making available much needed interview slots for other applicants who need appointments.

The State Department estimates that approximately 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver. This is a very positive development that could very well increase in the months ahead.

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The month of September has come and is nearly gone. That means that it is time to discuss next month’s Visa Bulletin for October 2022. In this video, attorney Jacob Sapochnick shares with you the trends and movement you can expect to see during the month of October for both employment based, and family sponsored preference visa categories, and our predictions for interview appointment availability. October’s Visa Bulletin is also important because it marks the end of the fiscal year.

Did you know? Every month the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants can assemble and submit the required documentation to the National Visa Center (for those residing overseas), or USCIS (for those residing in the United States).

The primary purpose of the Visa bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.

Want to know more? Just keep on watching.

Overview

USCIS Adjustment of Status Filing Charts for the October Visa Bulletin (for those residing in the USA)

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022 to determine when you can apply for adjustment of status.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022 to determine when you can apply for adjustment of status.

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We are delighted to announce the Department of State has published the Visa Bulletin for August 2022. In this video, attorney Jacob Sapochnick shares with you the trends and movement that has occurred in the most recent visa bulletin for both employment based, and family sponsored preference categories, as well as what you can expect in the coming months.

Did you know? Every month the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

The primary purpose of this bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.

Want to know more? Just keep on watching.

Overview

USCIS Adjustment of Status Filing Charts for the August Visa Bulletin (for those residing in the USA)

Every month, the US Citizenship, and Immigration Services (USCIS) releases information regarding which filing chart applicants must use in order to apply for adjustment of status to permanent residence, while in the United States. This information can be found on the USCIS webpage. In general, if there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will indicate that AOS applicants may use the Dates for Filing chart.

Otherwise, applicants will be asked to use the Final Action Dates chart.

If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

Which chart should I refer to for the month of August 2022?

For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the  Dates for Filing chart in the Department of State Visa Bulletin for August 2022.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Final Action Dates chart in the Department of State Visa Bulletin for August 2022.

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It’s that time of the month again, the July Visa Bulletin is here. In this video, attorney Jacob Sapochnick discusses the movement you can expect to see for employment based and family sponsored preference categories in the month of July. Also covered are the trends and projections as we move forward the next few months.

Did you know? Every month the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants should be notified to assemble and submit the required documentation to the National Visa Center.

The primary purpose of this bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.

Want to know more? Just keep on watching.

Overview

USCIS Adjustment of Status Filing Charts for the July Visa Bulletin (for those residing in the USA)

Every month, the US Citizenship, and Immigration Services (USCIS) indicates the appropriate filing chart that must be used by applicants residing inside the United States, who wish to apply for adjustment of status to permanent residence. This information can be found on the USCIS webpage. In general, if there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will indicate that AOS applicants may use the Dates for Filing chart.

Otherwise, applicants will be asked to use the Final Action Dates chart.

If a particular immigrant visa category is “current” on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses what you can expect after filing Form I-130 Petition for Alien Relative, used by U.S. Citizens or Legal Permanent Residents (LPRs) to lawfully immigrate a qualifying relative to the United States, and how long it is taking for the U.S. Citizenship and Immigration Services (USCIS) to process these applications.

Want to know more? Just keep on watching.

Overview

The first step of the process to immigrate a foreign national involves the filing of Form I-130 Petition for Alien Relative. This application forms the basis of the foreign national’s eligibility to apply for a green card, based upon what is known as a qualifying family relationship. Not all family members may qualify.

If you are a U.S. citizen, you may file Form I-130 only for your eligible relatives. This includes your spouse, your children, your siblings, and your parents. If you are a permanent resident, you can petition for your spouse and any child under the age of 21.

What happens after filing Form I-130?

Once you have filed Form I-130 Petition for Alien Relative either by mail or online, you will receive a receipt notice in the mail known as Form I-797C Notice of Action. This notice will serve as proof that your application was received and properly filed with USCIS. The Notice will also include your Form I-130 receipt number where you can track the progress of your case online, and the date the case was received by USCIS also known as the priority date.

If you have filed Form I-130 by mail, you will receive the Notice of Action approximately 1-2 weeks after mailing the application. If you filed Form I-130 online, the Notice of Action will appear in your USCIS online account portal approximately 1 week after submission.

If you fail to include the correct filing fees with your application or your application is deficient in any other way, your case may be rejected and sent back to you. In such case, you would not receive a Notice of Action, and instead would receive a rejection notice along with your package being returned to you. Therefore, it is very important for applicants to review the Form I-130 instructions very carefully and provide all necessary fees and documentation with the filing. Failure to do so can result in the rejection of your case. If your case has been rejected, you are allowed to re-file your application with USCIS having corrected the mistake.

Thereafter, if any additional documentation is missing from your application, or if USCIS needs further information to process your Form I-130, they will issue a Request for Evidence (RFE) outlining the documentation and/or information they need from you to continue processing your case. Requests for Evidence (RFE) are sent by mail and include the deadline for responding to the Request for Evidence in the Notice. When an RFE is issued, the case is halted until you respond to the request. For this reason, it is important to respond in a timely manner and no later than the deadline indicated in the notice. Remember, the longer you delay in responding to an RFE, the more time it will take for your case to be adjudicated.

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