There are NO EXCEPTIONS to the rule that visa applications that are properly completed and executed must be either issued or refused.

There are NO EXCEPTIONS to the rule that visa applications that are properly completed and executed must be either issued or refused. There is no such thing as an informal refusal or pending case according to the U.S. Department of State Foreign Affairs Manual.  The refusal must be issued by the end of the next working day at the latest.

The applicant must be provided with a timely written notice in most cases.  The only exceptions occur with the consent of the U.S. Department of State.  If a visa is refused it must be refused under specific grounds of the Immigration and Nationality Act. Section 221(g) of the INA allows consular officers to issue a temporary refusal of a visa petition in case where an otherwise eligible visa applicant is missing a specific document or in cases where a consular officer decides that additional security clearance measures are warranted.  Applicants are allowed to utilize 221(g) to overcome the denial or satisfy the deficiency.  The applicant has one year to overcome the refusal to avoid a new fee.  There is no time limit to applying to overcome the denial as long as the applicant is still entitled to visa status, though fees may apply.

http://www.state.gov/documents/organization/87917.pdf

 

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Posted on Friday, May 4th, 2012 at 4:04 pm Under B-2 Tourist Visa, General, Latest Immigration News. Both comments and pings are currently closed.

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