“Refused” Does NOT Mean “Denied” For Your Stuck Visa!

“Refused” Does NOT Mean “Denied” For Your Stuck Visa!


One of the biggest sources of confusion for many of my clients concerns the nature of the word “refused.” I want to dive into that a
little more today. In other words, you go to the consulate,
you apply for a visa, and the consulate says to you, “Sorry. We are refusing to issue you the visa.
Your visa is refused.” What does that mean? My name’s Josh Goldstein. I’m an immigration
lawyer based in Los Angeles, and I help people and families across
the country and around the world get their visas out of administrative
processing. So, refused. I don’t think it means
what you think it means. Common sense tells you that the word
refuse is not a good thing. If you ask a girl out on a date
and she says, “I refuse,” that probably means you’re not
going out on a date, right? But in the legal context, refused is very misleading. Refused, in the context of 221(g)
in administrative processing, refused means that the government
or the consulate temporarily is withholding a decision on
your application pending administrative processing. It means that something’s missing. Maybe they
need to complete a background check or they are missing some documents
or whatever the case may be. It doesn’t mean denied. Refused
does not mean denied. And the government, in fact, makes the
argument in federal court as a defense. They say, “Listen. There’s no reason for the court
to issue mandamus because this visa’s been refused. It’s
over. Nothing’s happening.” And courts time and again have
rejected that argument because if something’s refused, then they
— if refused did mean denied, then the case would be over. There’d be
nothing more going on, but in fact, if you look in the status of the case, it
says, “Administrative processing.” So that gives you a clear indication that the process is still underway.
They’re still reviewing something. Your visa is still alive. So, refused in this sense is it’s not a good thing because
you want your visa, so it’s not a good thing, but it’s
also not the end of the world. If your visa says it’s refused, that means
the case is still alive, it means you could sue the consulate with filing a writ of mandamus lawsuit, and
you can force them to make a decision. And it means that you can
get your visa issued. So refused is not the end of the world.
It’s not the end of your visa. Refused does not mean denied. So if you see the word refused,
I want you to have hope, I want you to remain optimistic, and
I want you to keep fighting to achieve your immigration dreams. If you need help or you have questions, just reach out to me. That’s
what I’m here for, and we’ll see you in the next video. Thanks.

One Comments

  • Angel Villacorta

    March 4, 2020

    I checked my status in ceac frequently at first it says administrative processing and then it went refused 😢 I don’t know what that means please help

    Reply

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