bharatbhasha.com
Free Articles  >>  Legal >>  Page 328  >> 

214b 221g Admin Processing and the Fraud Prevention Unit





Unfortunately, United States visa applications can be delayed at a US Embassy or Consulate overseas. That being said, understanding the reason for the delay can often be a key factor in getting overcoming the impasse. This article attempts to explain the reasons for delay and possible solutions.

This writer mostly has experience interfacing with the US Embassy in Bangkok, Thailand, thus his experience is limited to that 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 221(g) denial, 221g is a reference to the relevant section of the US Immigration and Nationality Act, is technically considered a "refusal," by the American State Department. 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 214 (b) denial is a more factually based denial. It is a denial issued in non-immigrant visa cases pursuant US Immigration regulations. Essentially, this is a refusal based upon the officer's belief that the applicant hasn't surmounted the statutory presumption of undisclosed 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, an application for a US visa is placed in administrative processing if the Consular Officer believes that more investigation is necessary to vet 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: submit a well documented application at the start.

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 most instances, the aforementioned denials are founded upon United States law and in many ways the Consular officers have no choice in issuing such refusals, but these officers do possess a large amount of discretionary authority to make judgments about the facts of an application. Therefore, evidence in the form of documentation is crucial and even though an application might be delayed one should not assume that the application has been denied.


About Author Ben Hart :

Ben Hart is a licensed lawyer from the US and Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. For more see: http://articlehubseurope.com/legal-hub/905/hiring-an-attorne y-for-a-thai-fiancee-conducting-due-diligence/ or http://integrity-legal.com/legal-blog/us-visa-immigration/cd c-seeks-to-take-hpv-off-of-immigrant-vaccine-requirements/


Article Source: https://www.bharatbhasha.com
Article Url: https://www.bharatbhasha.com/legal.php/196749


Article Added on Monday, December 14, 2009
LD
Other Articles by Ben Hart

IR 1 Visa Interview at the US Embassy in Thailand The Red Card
The following article looks at some of the unique procedures encountered by those going through the visa interview process at the United States Embassy in Bangkok. The Immigration process for a United States Citizen's spouse or fiance can be time consuming and somewhat convoluted. The culmination of the process is the US visa interview which is conducted by a Consular Officer at a United States Embassy or United States Consulate-General abroad. As the US Immigration process winds down, it...

US Company Registration and L1 Visas for Intracompanmy Transferees
The following is a brief discussion of American corporations and their involvement in the L1 visa process. The L-1 visa is designed to be used by a foreign national working for a multi-national corporation or organization. Usually, these kinds of employees are referred to as intracompany transferees. In some situations, a company or organization must transfer a highly skilled employee from an office abroad to an office in the United States of America. When this happens, the company usually...

Important Information About K1 Visas
The K1 visa is a highly sought United States travel document. This article briefly summarizes the process and requirements involved in obtaining a K1 visa from the Kingdom of Thailand. Recently, it seems as though the Consular staff at the United States Embassy in Bangkok has been denying more B2 Tourist visa applications based upon section 214(b) of the United States Immigration and Nationality Act. This is likely due to the fact that increasing numbers of applicants seek this visa when in...

Consular Processing and Unforeseen Political Turbulence
United States Immigration law is a complex and multi-faceted area of American jurisprudence. One area that relatively few writers comment on in this area is that of Consular Processing. This is a somewhat unique area of practice since few American attorneys reside outside of the USA and few of those are Immigration attorneys. At the time of this writing, the city in which this author lives is in a state of turmoil. This has resulted in the US Embassy temporarily closing and the non-essential...

US Travel Documents for Business Purposes
The following article discusses American business visas and similar travel documents used by foreign nationals to travel to the United States for business purposes. Business travel to the United States can be a difficult endeavor for foreign nationals outside of the USA. This is due to the fact that officer of the American government tasked with adjudicating visa applications must scrutinize those applications in accordance with the provisions of the United States Immigration and Nationality...

US Immigration Lawyers Consular Processing and 99 State
Copyright (c) 2009 Ben Hart United States Immigration is a very multi-faceted area of American jurisprudence. One of the most misunderstood aspects of the United States Immigration process is the Embassy interview. This phase is sometimes referred to as the Consular Processing phase of the Immigration process. Virtually all applicants for K1, K3, CR1, and Ir1 visas are required to have an interview before the visa application will be approved. Many believe that this phase of the process is...

Legal Processing Outside of the USA
The forthcoming piece briefly examines the offshore legal processing industry and the possible advantages that can be garnered for members of the legal profession in USA. Outsourced legal processing has been heavily discussed in recent months as the American Bar Association only recently published an ethical opinion which discussed the matter. At the time of this writing, the legal process outsourcing industry is set to act as a catalyst for significant change in the legal profession in the...

K1 Visa Processing Changes
The forthcoming piece analyzes recently enacted changes to USCIS's K1 visa petition processing procedures and possible implications for US Citizens and their alien fiances. In a recent press release from the United States Citizenship and Immigration Service it was announced that I-129F petitions will no longer be submitted directly to the Service Center with appropriate jurisdiction. Instead, the I-129f application will now be sent to a lockbox facility: U.S. Citizenship and Immigration...

K1 Visa Thailand Consular Processing and Recent Political Turbulence
At the best of times, the US Immigration process can be rather byzantine and arduous; this article discusses the unique circumstances arising from the recent civil disturbances in Bangkok, Thailand. The following article discusses the US visa process in light of recent events that have occurred in the Kingdom of Thailand. As always, those interested in the visa process are wise to check the credentials of anyone claiming to be an expert in the area of US Immigration law as only a licensed...

Administrative Closing of Certain K 3 Visa Applications Will It Impact the K 1
? The National Visa Center (NVC) has made some important changes in recent weeks. This article will take a look at how these changes will impact the K3 visa process and how the new rules may have little impact upon the K1 visa process. The National Visa Center (NVC) recently stated that as of the 1st of February 2010 they will no longer process I-129f petitions for marriage visa benefits if the underlying I-130 petition arrives before, or contemporaneously with, the supplemental I-129f...

Click here to see More Articles by Ben Hart
Publishers / Webmasters
Article ID: 196749
DELINK URL from Authors Bio
REMOVE Article
Tell A Friend
Leave A Comment!
Download this article in PDF
Report Article!
Search through all the articles:


153 Users Online!!
Related Articles:
Latest Articles:
 
Legal >> Top 50 Articles on Legal
Category - >
Advertising Advice Affiliate Programs Automobiles
Be Your Own Mentor Careers Communication Consumers
CopyWriting Crime Domain Names DoT com Entrepreneur Corner
Ebooks Ecommerce Education Email
Entertainment Environment Family Finance And Business
Food & Drink Gardening Health & Fitness Hobbies
Home Business Home Improvement Humour House Holds
Internet And Computers Kiddos and Teens Legal Matters Mail Order
Management Marketing Marriage MetaPhysical
Motivational MultiMedia Multi Level Marketing NewsLetters
Pets Psychology Religion Parenting
Politics Sales Science Search Engine Optimization
Site Promotion Sports Technology Travel
Web Development Web Hosting WeightLoss Women's Corner
Writing Miscellaneous Articles Real Estate Arts And Crafts
Aging


Disclaimer: The information presented and opinions expressed in the articles are those of the authors
and do not necessarily represent the views of bharatbhasha.com and/or its owners.


Copyright AwareINDIA. All rights reserved || Privacy Policy || Terms Of Use || Author Guidelines || Free Articles
FAQs Link To Us || Submit An Article || Free Downloads|| Contact Us || Site Map  || Advertise with Us ||
Click here for Special webhosting packages for visitors of this website only!
Vastu Shastra

Linux Server Hosting Provided By AwareIndia







Company IDS