What does Administrative Processing mean in the visa process?

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Have you applied for an immigrant or nonimmigrant visa and received a notice of 221(g) administrative processing after your Consular visa interview? If so, then you won’t want to miss this important video explaining what administrative processing is all about and what you can expect during this process.

Overview

What is 221(g) Administrative Processing?

A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means that an applicant has not established eligibility for their visa to the satisfaction of the Consular officer.

Administrative processing is not a denial. It simply means that your visa has been temporarily refused by the Consular officer, because further review is needed before your visa can be approved. While a 221(g) refusal means that you are not eligible for a visa at this time, it is not the end of the road.

In fact, the majority of cases placed in administrative processing are released from administrative processing and are approved within 60 days of the visa interview. Often, a Consular officer may simply be waiting for the results of the applicant’s background check before they can provide clearance for the visa to be issued.

But for other more complicated cases, including those where concerns relating to fraud, criminal history, or national security concerns are involved, it can take several years before a case can be resolved. The timing of administrative processing will therefore depend on your individual circumstances and other complications rooted in your immigration history.

How do I know if I have been placed in 221(g) Administrative Processing?

Applicants who are placed in 221(g) administrative processing following their visa interview will typically receive a 221(g) notice from the Consular officer at the conclusion of the interview. The notice will indicate that further review is necessary before a final decision can be made, and in some circumstances the notice may request for an applicant to provide additional information or documentation such as travel history.

In other cases, however a 221(g) notice may not be provided, and instead applicants discover that their visa has been refused after checking the status of their visa application online. A visa refusal is a tell-tale sign of being placed in 221(g) administrative processing. A notation of “refusal” on your case status simply means that your case is under further review.

Differences between Administrative Processing and Security Advisory Opinion (SAO)

Visa applicants should be aware that a Security Advisory Opinion known as SAO is different from 221(g) administrative processing.

A Security Advisory Opinion (SAO) is a background check ordered by the State Department to review a foreign national’s criminal history and issue a security clearance for visa issuance.

SAOs are typically ordered by a Consular officer when they would like to conduct further investigation into an applicant’s background, including possible links to terrorism, espionage, and additional screening for individuals from countries that sponsor terrorism. SAOs are also common where the individual’s name appears on a lookout list

In such cases, it may take quite a long period of time for the Consulate to receive a completed Security Advisory Opinion because the process can involve communications with multiple federal agencies, such as the FBI, CIA, Drug Enforcement Administration, and others. In complex cases, it can even take years for an SAO to be completed.

What can I do if I have been placed in 221(g) administrative processing?

First and foremost, if your 221(g) notice of administrative processing requests additional information or documentation, you must follow the instructions provided on the notice and provide the information as soon as possible to prevent even further delays. Otherwise, you may contact the U.S. Consulate that interviewed you and ask whether any further information or documentation is needed from you to process your case.

If it has been more than 60 days since your visa interview, and you have still not been released from administrative processing, you should consult an experienced immigration attorney as soon as possible.

Will I get back my passport back while I am under administrative processing?

No. The Consulate will retain your passport while you are undergoing administrative processing, and once the review is completed the officer will make a final decision for your application. If your visa is approved, you will receive instructions from the Consulate for picking up your passport at a designated pick-up location.

If your passport is returned to you during administrative processing, it is a sign that your visa has been denied.

How do I know if my visa was approved?

You can check the status of your visa application by visiting the Consular Electronic Application Center’s (CEAC) webpage here. Once a decision has been made, you will be able to see the status change on this webpage. Alternatively, you can also check the status of your visa on the Official U.S. Department of State Visa Appointment Service webpage by logging into your portal.

Can I expedite administrative processing?

Generally, you cannot expedite administrative processing unless you have compelling circumstances. However, if you have been under administrative processing for an unreasonable period of time (1 year or longer) you may consult with an attorney to discuss whether it is appropriate for you to request action on your case by filing a mandamus lawsuit in federal court.

Contact Us. If you would like to schedule a consultation, please text 619-569-1768 or call 619-819-9204.

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