Explaining an E2 Visa Denial – Rupert Law Group
If you have experienced a recent E2 visa denial, you know how frustrating it can be. There are so many questions and very few answers. In addition, there are a variety of E2 visa denials. If you have been denied for an E2 visa, please contact us to discuss your options. There is hope!
E2 Visa Denial Under 221(g)
There are a few different reasons you may be issued a 221(g) denial. This is a common denial when an E2 visa applicant has filed his/her own application without the help of an attorney. This E2 visa denial may mean you may need to supply additional or different documents or evidence. It may be that you didn’t show evidence of one of the requirements for an E2 visa or it may mean that some of the evidence you supplied is unclear or not thorough enough. This type of denial can be overcome with organization, planning and the help of an immigration attorney. The first thing you should do if you have been denied because documentation is missing is to scan the document you received at the interview (it may be on blue or white paper) and email it to an attorney for review along with the documents you supplied to the US Consulate or US Embassy. The attorney can review the documents and let you know what additional documents will be needed.
There are other reasons you may have received a 221(g), including “Administrative Processing.” Unfortunately, Administrative Processing is a bit of an immigration black hole. There are many reasons you may be put into Administrative Processing, but you may never know the actual reason in your case. Many times, it is something innocuous, such as a common name, confusion with another applicant, background screening issues. In other cases, it may be because you are suspected to be ineligible for a visa. Generally, Administrative Processing takes 3-6 months to resolve. Unfortunately, there is not much that can be done in the meantime. It is OK to contact an attorney to ask about the specifics of your case, but you should not expect for the attorney to provide “fast” service. The attorney has very little control over this process, and the consulate will move at its own pace. In other words, your emergency is not the US government’s emergency. Contact an attorney to determine if there is anything that can be done aside from waiting until the Administrative Processing is over.
E2 Visa Denial Under 214(b)
This is another common denial in the world of E2 visas. In the most general sense, this denial is given if the officer suspects that you have immigrant intent. In other words, you plan on staying in the US on a permanent basis. That said, this denial is given for many reasons, and you may never know why the officer suspects your immigrant intent. After listening to ex-officers, it is clear that this can be used as a “catch-all” denial if the officer feels that something just isn’t right. It may be something you said during the interview. It may be something in your evidence. The important thing to do if you receive this E2 visa denial is to write down exactly what was asked and answered at the interview. In addition, write down your impressions of the officer. For example “everything was fine until I mentioned that my mother and father both live in the US. The officer’s demeanor changed immediately.” These types of notes may give you and the attorney some indication of the thoughts of the officer. Please make these notes as thorough as possible and give them to your attorney. You should also schedule a call with your attorney to go over the entire interview step-by-step. Your explicit notes and your attorney’s experience may help demystify your denial. Also know that your attorney may be able to contact the consulate for a more detailed analysis of the case. Depending on the answers the consulate give (if any), you may be able to overcome the denial by submitting different or additional evidence.
Regardless of the type of denial, the most important thing is to speak with a lawyer. He or she may be able to review your application and give you some insight as to what went wrong. In addition, he or she may be able to help you reapply for the E2 visa. If you’d like to have us review your E2 visa denial, please contact the E2 visa attorney, Rupert Law Group. (323) 434-4385