*Practice limited to federal immigration law. Licensed in NY, MA, but not in CA.

Administrative Processing Mystery Revealed!

 

I recently got a question from someone with a visa that’s been stuck in administrative processing. He asked me, “Do you think that the pen that the consular officer writes with on the 221G paper matters? Like for example, the consular officer wrote with a red pen, and some people are telling me that a red pen means a red flag.”

 

What does pen color or paper color mean?

I don’t think it makes any difference whatsoever which color pen they write their notes with. I don’t think it makes a difference which color paper they use either. Some consulates use blue paper, some use yellow paper, and some use pink paper. I don’t think these things mean anything.

I also don’t think that if it does mean anything, they’re not going to share with us what those things mean. I’m not even sure that the notation that they make on those worksheets means much.

 

An example

Let me tell you about a recent case. Someone had a CR1, a marriage-based case, and on the notes, the officer said that it was put in 221G and that the visa would be delayed. The notation they put on it was a reference to a section of the Immigration and Nationality Act that had to do with labor certifications, so it had nothing at all to do with the person’s case.

I don’t think it makes a difference what color pen they use. I don’t think it makes a difference what color paper they use. I also don’t think it makes much of a difference what they actually write on the piece of paper. It’s all nonsense.

 

The only thing that matters

The only thing that matters is, did you get your visa or not. If you didn’t get your visa, then you have a delay, and you need to take action. And I cut through the delay by filing a mandamus lawsuit.

By the way, in case you don’t know me, I’m Josh Goldstein, an immigration lawyer in Los Angeles. I’m working from home right now like everybody else because of this coronavirus nonsense, and I’ve filed lawsuits against consulates around the world–Casablanca, Khartoum, Cairo, London–you name it.

We sue all the consulates, and we do it to help people just like you, people whose visas are stuck in administrative processing. They’ve been given these silly worksheets and the excuses, and we cut through that by suing the consulates.

If you have any other questions, let me know. Put your question in the comments below or message me, and I’ll be happy to answer your question and try to help you out.

Josh Goldstein
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