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Entenda a lei com clareza – Understand the Law with Clarity

Codigo Alpha – Alpha code

Entenda a lei com clareza – Understand the Law with Clarity

Immigration & Consular Guidance

221(g) Administrative Processing: How to Respond, Track CEAC, and Speed Decisions

Administrative Processing after 221(g): what it is, how to respond, and how to track

221(g) is a temporary visa refusal under the Immigration and Nationality Act that pauses adjudication until the consular post receives missing evidence, completes additional checks, or finalizes internal reviews (often called Administrative Processing or “AP”). It is not a permanent denial: your case remains open, but action is required by you, the post, or other U.S. agencies.

Quick definition: A 221(g) means “not ready to issue yet.” The consulate will either (1) ask you to send documents or take an action (like a new medical), or (2) keep your case while it runs background/security checks. When the condition is met, the officer reopens and decides the visa.

Typical triggers for 221(g)

  • Missing or insufficient documents (financials, civil docs, I-864/I-134, employer letters, W-2s, court records, fresh medicals).
  • Security vetting (e.g., name hits, travel/residence history, technical/dual-use research, prior immigration history, DS-5535 supplemental questionnaire).
  • Post-interview corrections (typos in DS-160/260, duplicate cases, system outages requiring a re-print window).
  • Third-party verification (employer, university, credentials, civil registrar).

Exactly how to respond to a 221(g)

Step 1 — Read the 221(g) slip carefully

  • Identify which bucket you are in:
    • Document request: you must upload/email/return items (the slip states where—portal, email, or document collection center) and whether to return the passport.
    • Administrative Processing only: no documents requested; the consulate keeps your case while checks run. You generally wait and track status.
  • Note the deadline (some posts give 12–60 days; others say “as soon as possible”). Never miss it.
  • Confirm the delivery channel (CEAC upload, VAC/packet drop-off, courier, or a specific email address).

Step 2 — Prepare a complete, labeled response

  • Match the slip item-by-item. Use a file naming convention (e.g., CaseNumber_Surname_DocName.pdf).
  • Where a translation is needed, include the original + translated copy and certification.
  • For employer/academic verification, include direct contacts, signed letters on letterhead, and links to official registries when possible.
  • If you are sent a DS-5535 (supplemental questions), answer completely and consistently (all social media handles, five-year travel, phone/email history, prior passports, employment/education). Omissions create delays.

Step 3 — Submit via the channel specified

  • CEAC upload: combine multi-page items into a single PDF per document type; keep sizes under posted limits; double-check each category.
  • Email: one case per thread; subject line with Case Number + Full Name; numbered index in the body; attachments as PDFs/JPGs per instructions.
  • Courier/VAC drop-off: include the 221(g) slip and an index page; place originals and copies as the post requires.
  • Passport: only send if the 221(g) slip asks. Otherwise keep it until requested.

Step 4 — Confirm receipt and keep a paper trail

  • Take screenshots of uploads and automated acknowledgments.
  • Keep a log (dates sent, channel, file list, case-last-updated changes).

How to track a 221(g) case

CEAC status terms (how to read them)

  • Refused (221(g) text): Since 2020, CEAC usually shows “Refused” while the 221(g) is pending; the details panel often clarifies it is temporary AP or awaiting docs.
  • Administrative Processing: Some posts still display this label; content is the same—case not ready to issue.
  • Ready: The post is ready to receive you or proceed; in 221(g) contexts, this can appear briefly during re-work.
  • Issued: Visa printed; watch for courier tracking.

“Case Last Updated” — what changes mean

  • A new date often indicates the post touched your file (document intake, routing, or system action). Not every change means a decision—watch the pattern, not just a single ping.
  • If you submitted documents, expect a touch within 5–15 business days. If none appears, consider a polite follow-up.

Follow-up cadence (typical): 30 days after submission → short inquiry; 60 days → status request with index of what you sent; 90 days → targeted inquiry referencing humanitarian/business urgency (if true) or asking whether anything else is needed.

Timelines: what is realistic

Administrative Processing lengths vary by nationality, post workload, seasonality, and the type of additional checks. Below are illustrative ranges (not guarantees):

Illustrative processing windows after 221(g)
Case type Typical window 90th percentile
Document request only (clear list, promptly sent) 2–6 weeks 8–10 weeks
Security vetting (no DS-5535) 4–10 weeks 3–5 months
Security vetting (with DS-5535) 8–16 weeks 6–9+ months
Employment-based with end-client verification 4–12 weeks 4–6 months
Immigrant visa with civil record re-checks 4–10 weeks 4–6 months

Avoid self-inflicted delays: partial submissions, inconsistent dates, missing translations, or differing answers between DS-160/260, CV, and DS-5535 trigger new questions and resets.

Evidence that moves cases faster

  • For document 221(g): exact items requested; clear scans; translations; cross-referenced to the slip (“Doc #1 corresponds to item (a) on the 221(g)”).
  • For employment cases: contract chain, letters from end client, pay stubs/W-2s, organizational charts, project descriptions in plain language (avoid confidential data).
  • For research/tech fields: lay summaries of work, export-control statement (non-ITAR/EAR, or controls noted), publication list with links, advisor/employer letters explaining civilian applications.
  • For prior immigration issues: court dispositions, prior I-94s, explanation letters with dates and supporting evidence.

Communication templates

Polite 30-day status check

Subject: Case [CASE#] – 221(g) Administrative Processing – Status Update Request

Dear [Post Name] Nonimmigrant/Immigrant Visa Unit,

I am writing to confirm receipt and review of the documents submitted on [date] in response to a 221(g) request for case [CASE#], [Full Name, DOB].
Please advise if anything else is required. Thank you for your time.

Sincerely,
[Full Name] – [Passport #]
  

Targeted 60–90 day inquiry

Subject: Case [CASE#] – 221(g) – Follow-up & Document Index

Dear [Post Name] Visa Unit,

Per your 221(g) slip dated [date], I submitted the following on [date]: 
1) [Item], 2) [Item], 3) [Item]. 
CEAC shows last update on [date]. If additional information would assist, I will provide it promptly.

Kind regards,
[Full Name] – [Passport #]
  

When (and how) to request an expedite

  • Appropriate grounds: urgent medical care, funerals/critical family events, time-sensitive academic start dates, or business needs that meet post guidance.
  • What to include: dates, proof (hospital letters, employer attestations), and a specific request (“expedite the remaining administrative checks, if possible”).
  • Expectation: even expedited requests may still require completion of mandatory checks; the post may accelerate review but cannot bypass legal vetting.

Common pitfalls and how to avoid them

  • Sending unsolicited bundles: unless your slip invites it, floods of extra documents slow intake. Only send what is asked, plus concise clarifiers if essential.
  • Inconsistencies: reconcile job titles, dates, addresses, travel history, and publications across forms and CVs before submission.
  • Travel plans: do not book non-refundable tickets until the visa is Issued. A passport recall request does not guarantee issuance.
  • Multiple channels: avoid submitting via email, portal, and courier simultaneously; pick the channel the post specified.

Quick Guide

  • Identify your 221(g) type: documents vs pure Administrative Processing.
  • Match the slip: prepare exactly what is asked; label files; translate where needed.
  • Submit correctly: CEAC upload or the email/courier route specified; include the 221(g) slip.
  • Track CEAC: watch “Case Last Updated” and status text; keep a timeline.
  • Follow-up schedule: 30/60/90 days with polite, short emails; include an index of what you sent.
  • For DS-5535: answer completely (social handles, travel, phones/emails, prior passports, employers, education).
  • For employment/research: supply simple, non-confidential explanations and third-party verifications.
  • Consider expedite only with documented urgency; set realistic expectations.
  • Do not over-submit: avoid duplicate uploads and contradictory files.
  • Keep copies of everything (PDF bundle, receipts, screenshots).

FAQ

1) Is 221(g) a refusal or a delay?

It is a temporary refusal—the case is paused until the condition is met (documents received, checks completed). After that, the officer makes the final decision.

2) CEAC shows “Refused.” Am I denied?

Not necessarily. Under current labeling, many 221(g) cases display “Refused” while pending. Read the status text: it typically references additional processing or documents.

3) How long will Administrative Processing take?

There is no fixed time. Document-only cases often resolve in weeks; security checks can take months. See the timeline table for typical ranges.

4) The consulate asked for my passport—does that mean I’m approved?

It often means the case is nearing completion, but issuance is not guaranteed until CEAC shows “Issued.”

5) Can I submit extra documents to help?

Yes, if they directly address the 221(g) request. Do not send large, unrelated bundles; they slow review. Keep it precise.

6) What is DS-5535 and who receives it?

It is a supplemental questionnaire that collects five-year travel, address, phone/email, social media identifiers, and other background details. It is issued at the post’s discretion.

7) Will contacting the embassy frequently speed things up?

Excessive emails don’t help. Use the 30/60/90-day cadence with concise updates or proof of urgency.

8) Can my employer/school help?

They can verify facts and provide letters, end-client confirmations, or start-date memos that the post may find useful.

9) I changed jobs or travel plans during AP. Should I tell the post?

Yes—material changes should be reported with updated evidence. Concealing changes can trigger inconsistencies.

10) My case seems stuck. What else can I do?

Politely ask if anything is outstanding; provide a clean index of prior submissions; consider an expedite request if you have documented urgency. Some applicants also contact their U.S. petitioner’s congressional office for status assistance (note: they cannot override vetting).

Technical & Legal Notes (for citations and deeper reading)

  • INA §221(g): Temporary refusal of visa issuance pending additional action (e.g., documents, processing).
  • 22 C.F.R. § 41.121 (nonimmigrant visa refusals) and parallel immigrant-visa procedures.
  • 9 FAM 403.2-5 (consular refusal procedures, including 221(g)).
  • 9 FAM 304.2 (Security Advisory Opinions framework) and related internal checks.
  • CEAC status portal (case status and “Case Last Updated”).
  • DS-5535 (Supplemental Questions for Visa Applicants; OMB Control No. 1405-0226).

Disclaimer: Timelines and labels vary by post and case profile. Always follow the specific instructions on your 221(g) slip and your consulate’s website.

Practical checklist

  • ✅ Identify whether you owe documents or whether it’s pure AP.
  • ✅ Build a labeled PDF set that mirrors the 221(g) list.
  • ✅ Submit via the exact channel (CEAC/email/courier) and keep proof.
  • ✅ Track CEAC and maintain a dated log of events.
  • ✅ Follow up at 30/60/90 days with short, documented inquiries.
  • ✅ Consider expedite only with strong evidence.

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