Have you or someone you know applied for a United States visa, and have received a notice that no visa can be issued? Does the notice say a U.S. consular officer has adjudicated and refused your visa application for administrative processing?
Administrative Processing in immigration is not a denial of a visa application. Here’s why.
US Visa Status And Administrative Processing Explained
Long version: Administrative Processing (AP) is a term used by the U.S. Department of State (DOS) to indicate to a nonimmigrant U.S. visa applicant their application has been refused under section 221(g) of the Immigration and Nationality Act (INA).
Short version: More information is needed while reviewing a U.S. visa application.
While seeing the word, “REFUSED” in big, bold letters is extremely concerning, especially when it comes to a visa application. This article contains the following information: Possible scenarios of why the visa application was refused, what refused really means in this context, answers to frequently asked questions, and U.S. government resources.
Before inquiring about the status of a refused visa application, though, it is strongly advised that the applicant or their representative wait at least 60 days from the date of the interview, or the submission of supplemental documents, whichever is later. According to the Federal Bureau of Investigation (FBI), almost 100% of certain types of SOAs are completed within four months, or 120 days.
Was Your US Visa Status Refused, Marked SAO, or Does section 221(g) Apply?
Previously, nonimmigrant U.S. visa applicants whose application was being held or delayed by a DOS officer would receive a notice stating their application was refused. More recently, this verbiage has changed from saying “Refused,” to saying, “Administrative Processing.” And quite possibly, “Refused under section 221(g),” or sometimes, “Security Advisory Opinion (SAO).” These terms all mean the same. Simply stated, the officer requires additional information about the applicant, or essential information is missing from an application.
Unfortunately, this causes delays in the consular process and leaves many applicants confused. Additionally, the reasoning for the refusal is not immediately given to the applicant. This results in more time passing while they wait for a letter stating their visa application has been selected for administrative processing. Meaning, their case will be delayed until the officer can determine eligibility. The applicant will receive notice, however, which information is needed for further processing.
The good news is, the amount of U.S. visa application denials is somewhat low, and the processing times are typically within two short months. Even if 60 days have passed, just know this is normal for some cases, and it is possible for applicants to request the officer to expedite AP. Though it is important to note, cases where the applicant’s travel to the United States relates to strong humanitarian concerns, or is of U.S. government interests are the ones that get expedited first. Since application processing times can vary based on individual circumstances, it is best the applicant informs the officer of any unique situations or hardships.
It is the fiduciary duty of the consular officers to thoroughly screen each visa applicant before they enter the United States, and sometimes further investigation or documentation is required. According to the Bureau of Consular Affairs, there are several million nonimmigrant visas for the United States issued in less than 5-year timeframes.
Possible reasons for the 221(g), AP notice:
- Has experience with dual-use technologies
- May have a criminal history
- Was born in, or recently traveled to a predominantly Islamic country
- From a country known for sponsoring terrorism
- Has provided details to the interviewing officer which were different from those submitted in the original application or petition
- Name matches a name previously flagged by the Department of Homeland Security
Frequently Asked Questions On Administrative Processing, section 221(g), INA
What is Administrative Processing?
Administrative Processing is a visa application status which is neither “Issued,” nor “Denied.” It is a notice that appears on the visa application status page after the visa interview with a consular officer. It refers to visa applications that are missing essential information, require additional review, or require security clearances outside of a normal visa processing timeframe.
Is Refused the same as Administrative Processing? Does Refused mean Denied?
A notice which previously stated “Administrative Processing” that now states “Refused” is done by the consular officer to inform the U.S. visa applicant a more accurate case status. Nothing else has changed, and this is not a denial of their visa application.
What does a visa refusal under section 221(g) mean?
Section 221(g) is the specific section of the Immigration and Nationality Act (INA) which states the consular officer did not establish the eligibility for a visa applicant, as is required under United States law. This is otherwise known as a burden of proof, and can be found specifically in section 291. The consular officer will reevaluate a refused visa application at a later date if additional information has been received. If it has been determined to be satisfactory, then the applicant will be considered eligible.
How long does it take for administrative processing?
Processing timeframes for administrative processing is unpredictable. According to the U.S. Department of State, most AP times are 60 days or less, after the visa interview.
Can a visa application refusal under section 221(g) be overturned, and if so, what comes after administrative processing?
Yes. Upon completion of the administrative processing, it is possible the consular officer will determine an application is now qualified for approval. Otherwise, the officer may conclude the applicant remains ineligible for the visa. The visa applicant will know whether they need to give more information because the consular officer will specify to them which documentation is needed. Even though the applicant and/or their representative has one year from the refusal date, it is important they submit detailed and accurate information as quickly as possible. If one year has passed, the applicant must reapply and pay an additional application fee.
I have a criminal history or, I have a criminal background, what’s next?
According to the DOS, “records from the FBI's National Crime Information Center (NCIC) have been incorporated into the Consular Lookout and Support System (CLASS) database. The CLASS contains records ranging from arrests for minor offenses and criminal convictions to foreign warrants and terrorists. If the visa applicant’s name matches a name found in CLASS, the consular officer will submit the applicant's fingerprints to the FBI to request their record, or to confirm no record exists for this applicant.
I was born in, or I’ve recently traveled to a predominantly Muslim country, how long will it take to get clearance?
Normally, when this information appears on a visa application, it triggers a security clearance request, which usually takes one to two weeks.
Will my passport be returned during administrative processing?
No. Only if your visa application has been denied upon completion of your interview will your passport be returned. If your application is still in an AP status, your visa remains with your application.
How do I know my visa is approved?
Upon checking the status of your application, you will see the notice of visa approval.
How do I check the Status of my visa Application?
To check on the status of your nonimmigrant U.S. visa application: Call 1-603-334-0888. Or go to the CEAC Website.
Can I speed up the administrative processing?
Yes and no. Consular officers expedite only cases where the applicant's travel furthers a U.S. government interests, or includes strong concerns which are humanitarian in nature.
How long is the nonimmigrant visa application process?
Applicants can find application processing and interviews wait times on the DOS Website. Please note this does not include the administrative processing times, nor the time required to return passports back to applicants.
My visa application was denied. Can I reapply?
The U.S. consular officer has the ultimate authority to make decisions regarding nonimmigrant visa applications. Even though the officer denied your application, you are permitted to ask them to explain why. You cannot reapply, however you can apply for a waiver. *Note: You must renew your visa at a U.S. embassy or consulate abroad. Only diplomatic visa holders and their dependents may renew them in the United States.
Final Thoughts On Administrative Processing
Administrative processing is a common yet often misunderstood part of the U.S. visa application process. While it can cause delays and uncertainty, it's important to remember that it's not a denial of your visa. Most cases are resolved within 60 days, though some may take longer. By understanding what administrative processing means, knowing how to check your application status, and being prepared to provide additional information if requested, you can navigate this stage of your visa journey more confidently. Remember, patience is key, and if you have concerns about extended delays, there are channels to inquire about your application status. Stay informed and proactive to help ensure a smoother visa application experience.
