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

Shattering Your Worries About 221G

 

Shattering Your Worries About 221(G)

Should you be worried because your visa is stuck in administrative processing? Should you be afraid that your visa is going to be denied or rejected just because it’s in administrative processing?

My name is Josh Goldstein. I’m an immigration lawyer, and I’ve helped families across the country and around the world get their visas out of administrative processing.

 

What does administrative processing mean?

Does administrative processing mean that your visa is going to be denied? Does it mean that you’re going to get rejected or that you’ll get no visa at all? Here is exactly what’s going on.

When you go to the interview, your visa could be approved. You could go to the visa interview, and they could issue the visa to you on the spot. But you could also go to the interview and get denied. It happens to plenty of people. Not everyone who applies for a visa gets approved. Some people get denied.

 

The difference between rejection and denial

Administrative processing is different. 221(g) is called a rejection of the visa, but that’s not the same thing as a denial. It’s a temporary hold that they put on your visa while they’re doing additional processing. Maybe they’re doing a background check. Maybe they’re investigating something. Maybe they’re doing nothing.

My personal and professional opinion is that administrative processing is just an excuse. It’s something that they tell you because they want you to go away when they don’t want to issue the visa to you.

 

They want to make you wait

And they want to make you wait. They want to stick your application on a shelf, in a file, and what they’re checking, if anything, is totally unclear. They will never tell you what they’re checking or why they’re checking your case. They’ll just say, “Sorry. We’re going to put you on hold. We’re going to make you wait.”

So, if your visa were going to be denied, they would deny it, but it’s not going to be denied. It’s just put on hold. Now, just because you’re in administrative processing doesn’t mean you’re not going to get approved. The outcome of your visa application is unclear. It’s in doubt.

But what you have to know is that administrative processing is just a delay. It means that you’re going to be delayed. You could be delayed for weeks. You could be delayed for months. You could be delayed for years. I have had clients who have waited for years while their case was stuck in administrative processing.

 

We have a solution

Fortunately, we’re able to help them. We have strategies and techniques that we use to get cases out of administrative processing quickly. But people often come to me only after they’ve tried everything else to get their cases out of administrative processing, without any luck whatsoever.

In a nutshell, I don’t think administrative processing means that you’re going to be denied. I don’t think it means that you’re going to be approved either. I think it means that they’re giving you a lame excuse for a delay. They’re telling you that they want to put you on hold. That’s all it means.

And we have a solution for it. If you’re stuck in administrative processing and need help, I want you to get in touch with me. Send me an email or a message, let me know what your questions are, and I’ll do everything I can to help you and your family.

Josh Goldstein
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