221(g) Refusals at U.S. Consulates

[Attorney_23]

This week, Murthy Law Firm attorneys will answer questions regarding 221(g) refusals at U.S. consulates. 

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[amogh527]

My 1st H1B was refused in 2008 outside of US with a 221G (consular processing) as my employer at that time was not able to provide adequate documentation. In 2010, I came to US on H4 and later got H1B in 2011 and since then working on H1B. Now while filing AOS under "General Eligibility and Inadmissibility Grounds-I" section there is a question - "Have you EVER been denied a visa to the United States?".  What should I answer here?

Does 221G visa refusal count as a denial?  Will denial act as a ground for inadmissibility and jeopardize my AOS? 

Appreciate your help!!

[Attorney_22]

On 7/1/2022 at 12:04 AM, amogh527 said:

My 1st H1B was refused in 2008 outside of US with a 221G (consular processing) as my employer at that time was not able to provide adequate documentation. In 2010, I came to US on H4 and later got H1B in 2011 and since then working on H1B. Now while filing AOS under "General Eligibility and Inadmissibility Grounds-I" section there is a question - "Have you EVER been denied a visa to the United States?".  What should I answer here?

Does 221G visa refusal count as a denial?  Will denial act as a ground for inadmissibility and jeopardize my AOS? 

Appreciate your help!!

You need an answer honestly, if the visa was refused, and you never overcame the 221(g) your application was denied. However, unless you committed fraud is misrepresented yourself, it is unlike to make you ineligible to adjust status. You should speak with your attorney directly regarding this matter. 

[h-1buser]

The last time when I went for H-1B Dropbox appointment, my passport was mailed back without a visa stamp and with a 221(g) letter asking for additional documentation. I provided the missing documentation and in a week, the H-1B visa was approved. 
 

What should I answer in the future visa applications for the following question: Have you EVER been denied a visa to the United States?

[Attorney_22]

On 7/7/2022 at 11:41 PM, h-1buser said:

The last time when I went for H-1B Dropbox appointment, my passport was mailed back without a visa stamp and with a 221(g) letter asking for additional documentation. I provided the missing documentation and in a week, the H-1B visa was approved. 
 

What should I answer in the future visa applications for the following question: Have you EVER been denied a visa to the United States?

In our opinion this is not a denial since DHS eventually issued the visa based on the same application. 

[h-1buser]

On 7/19/2022 at 10:03 AM, Attorney_22 said:

In our opinion this is not a denial since DHS eventually issued the visa based on the same application. 

Thank you very much for the response. I appreciate it.