‎Administrative Processing Information

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There are only two possible outcomes for completed and executed US visa applications (no visa sanction against a country under Section 243(d) of the Immigration and Nationality Act). The consular officer will issue or refuse the visa. If a visa applicant has not established that he or she is eligible for a visa, the consular officer must refuse that application. However, in accordance with Department procedures, a consular officer may determine that additional information from sources other than the applicant may help establish the applicant's eligibility for a visa. In such cases, refused visa applications warrant additional administrative processing. Upon completion of case-specific administrative processing, the consular officer may conclude that the applicant is now eligible for the visa for which he has applied. Alternatively, the officer may conclude that the applicant remains ineligible for a visa. When administrative processing is required, the consular officer will inform the applicant at the end of the interview. The duration of administrative processing varies according to the individual circumstances of each case. Visa applicants are reminded to apply for their visas in advance, well in advance of the expected date of travel.

What does a visa refusal under section 221(g) mean?

A visa refusal under section 221(g) of the Immigration and Nationality Act (INA) means that the applicant has not established eligibility for a visa to the consular officer's satisfaction, as required by US law, specifically section 291 of INA. When an applicant is refused under 221(g), it means that the consular officer determined that the applicant was ineligible for a visa after completing and executing the visa application and any necessary interviews. It is possible for a consular officer to reconsider a refused visa application under 221(g) at a later date, based on additional information or resolution of administrative processing, and determine that the applicant is eligible. When a consular officer refuses a case under 221(g), he or she will communicate to the applicant whether the applicant is required to provide any additional documentation or information, or if the case requires additional administrative processing.

Can a denial under section 221(g) be overturned?

Yes. If an application has been refused under section 221(g) and the consular officer has specifically told the applicant to provide documents or information, the applicant must provide a complete response as soon as possible. A consular officer will request additional information when he or she believes the information is relevant to establishing that an applicant is eligible for the requested visa. If the consular officer refuses a visa but requests additional information, the applicant has one year from the date the visa was refused to submit the additional information. Otherwise, if an applicant does not provide the required additional information within one year, the applicant will have to reapply for the visa and pay another application fee.

If an application is declined and a consular officer indicates that administrative processing is necessary, processing times may vary depending on individual circumstances. If an applicant's situation presents a unique difficulty, please inform the consular section where the visa application was made.

About Visa Processing Wait Times - Non-Immigrant Visa Applicants

The processing wait time also does not include the time required to return the passport to applicants, either through courier services or the local courier system.

1-What is administrative processing on a US visa?

Administrative processing, also known as Security Advisory Opinion (SAO), is the period of time during which visa applications undergo additional review outside of “normal” visa processing times. Administrative processing takes place after the visa interview.

2-What is the next status after administrative processing?

Upon completion of case-specific administrative processing, the consular officer may conclude that the applicant is now eligible for the visa for which he has applied. Alternatively, the officer may conclude that the applicant remains ineligible for a visa.

3-What kind of assistance can be provided by embassies and consular offices?

While consular staff provide immediate and personal assistance to US citizens every day around the world – replacing lost passports, assisting injured or sick travelers and assisting with marriages, births and adoptions, other sections of the embassy provide more specialized assistance.

Source: US CONSULATE WEBSITE

 

ALESSANDRO ALVES JACOB

Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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