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Consular Processing Issues: 221g, 214b, Administrative Processing, and the Fraud Prevention Unit

By Ben Hart

Republish: EasyPublish™ Published: 18Dec2009 Word count: 498 Viewed: 2827 time(s) Get Free Content For Your Site

There are several ways in which a United States visa application can become delayed as it processes through the US Immigration system. In this article we will briefly look at some of the ways a United States visa application can be delayed at a United States Embassy abroad.

As this author mainly has experience dealing with the United States Embassy in Thailand, his experiences are limited to that particular post. With this in mind, it should be noted that other United States Diplomatic and Consular posts may process applications differently. In a sense, each Embassy or Consulate is unique from an administrative standpoint.

A 221g denial (221g denotes the corresponding section of the United States Immigration and Nationality Act) is officially classified as a "refusal," by the US Department of State. Usually, this type of request is simply issued to fulfill evidentiary requirements of the visa application. The Consular officer generally issues such a refusal if there is not sufficient documentation to render an opinion in the case. In most cases, if the deficiency is remedied, then the visa will be issued.

A 214b denial is more substantive in nature. It is a denial issued in non-immigrant visa cases pursuant US Immigration regulations. Basically, it is a denial based upon the officer's determination that the applicant has not overcome the statutory presumption of immigrant intent. Essentially, this denial means that the applicant failed to show sufficiently "strong ties" to the country of origin, or another country outside of the USA, which would necessitate the applicant's departure from the United States.

Administrative processing is not a denial in the strict sense of the word. Instead, a visa application is placed in administrative processing when the Consular officer feels that more investigation is needed to verify the evidence in the case. Generally, applicants try to avoid administrative processing as it can greatly delay a final decision regarding the visa application. The best way to avoid administrative processing: present a well documented case from the outset.

Finally, the Fraud Prevention Unit is a section of most United States Embassies and Consulates that is tasked with detecting material misrepresentations in visa applications. Most cases are not brought to the attention of the Fraud Prevention Unit, but it is essential in any application to be truthful and honest when presenting documentation or oral assertions to the US Embassy. Lying to the US Embassy can result in criminal sanctions and/or denial of United States Immigration benefits for a long period of time.

In the experience of this author, the staff at the United States Embassy in Thailand is polite, efficient, and hardworking. In many cases, the above described denials are based upon US law and therefore the officers "hands are tied," but the officers do have a great deal of discretion when adjudicating the facts of an application. As a result, documentation is important and even though an application is delayed, this does not necessarily mean the application has been denied.

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