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Modify or Repeal Section 221(g) of the Immigration and Nationality Act - Administrative Processing

Created by C.G. on January 10, 2013

According to the Department of State (DOS), 221(g) is subject to overuse – so much so that there is a concern about its potential abuse by consular officers. DOS asks consular managers to initiate internal reviews to focus on "the potential overuse of 221(g) refusals." 9 FAM 41.121 N2.3-7. Indeed, DOS urges consular officers to strive to either approve or deny a visa application at the window, and that "using 221(g) to avoid decisions…invites abuse." 9 FAM 41.121 N2.5.

According to the Report of the Visa Office, in fiscal year 2008 a whopping 589,418 nonimmigrant visa applications were refused under 221(g). Of this number, 510,549 (nearly 87%!) of these quasi-refusals were overcome and the visas issued.

Immigration
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