How long do we need to wait if we receive a 221(g) notice during our EB-5 visa interview?
We went to the EB-5 consular interview yesterday and receive a 221(g) notice. The officer said he could not tell us when we could get our visas. Is this common for EB-5 visa applicants? How long do we need to wait?
Under these circumstances, I would advise you to seek the services of an experienced immigration attorney. If the U.S. is causing an unreasonable administrative processing time delay, then there is a possibility of filing a mandamus action in the Federal Court requesting an immediate answer from the U.S. consulate.
A 221(g) letter is a denial/refusal notice. It is a denial based on INA section 221(g). Under that section, a 221(g) letter is issued if there is essential information missing from an application (or additional info is required), or if an application has been placed on administrative hold until further information. You should follow up for further information if none is forthcoming within 30 days of the interview.
The amount of time needed to resolve a 221(g)-based notice depends on each specific case. Most refusals, based on administrative processing errors, could be resolved in less than 60 days. More complex situations could take longer. According to USCIS, when a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application based on INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. In 2018, under 221 (g), for the immigrant visa category, there were 341,128 cases denied due to ineligibility finding, and 159,842 cases denied due to ineligibility overcome. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to the Department of State, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered. When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter, listing the section of the law under which the visa was refused.