Explore Legal.io

For Clients
Legal.io company logo
Hire Talent
Find the best fit for any legal role
For Members
Jobs
The best legal jobs, updated daily
Salaries
Benchmark compensation for any legal role
Learn
Learn and grow with our community
Events
Connect with peers at exclusive events
Apps
Tools to streamline legal work
Advertise on Legal.io
Post a job for free
Reach more qualified applicants quickly
Advertise with Us
Reach a targeted audience

For Clients

Hire Talent
Legal.io company logo
Solutions
Find the best fit for any legal role
New Hire
Get highly qualified candidates in days
Popular Roles
Data & Tools
Budget Calculator
Plan and manage your legal budget
Salary Insights
Compensation data for legal roles
Vendor Directory
The ultimate list of legal tech tools
Sweta Khandelwal

Dealing with 221(g) Issues from the Consulate

In this week’s article, we explore one common issue that happens to non-citizens seeking entry into the United States from abroad.

Dealing with 221(g) Issues from the Consulate

Overview

In this week’s article, we explore one common issue that happens to noncitizens seeking entry into the United States from abroad. For those noncitizens who have received an I-130 or I-140 approval and have a current priority date, many of them have to undergo processing at a U.S. consulate or embassy in their home country.

One issue they may run into is a hold under 221(g) of the Immigration and Nationality Act.

In some ways, an administrative hold under 221(g) of the Act is similar to a Request for Evidence (“RFE”) response that USCIS utilizes when a visa petition lacks supporting evidence. The consulate or embassy can use 221(g) to place an administrative hold to request documents related to statements made in the support letter, information made on the USCIS Forms, or for other reasons. For example, some H-1B visa seekers may have to explain projects they have worked on, large spans of unemployment in their work histories, or specific projects they intend to work on for other reasons. In other cases, a 221(g) hold may be placed for medical or criminal reasons.

The first step the noncitizen should do is to seek the advice of a competent immigration attorney, especially for complicated 221(g) issues. The noncitizen should then contact the embassy that issued the 221(g) hold to find out what the exact procedure is to alleviate that hold. Sometimes, this can be resolved mostly through email. Other times, more specific instructions must be followed, such as an interview or awaiting for processing from another government agency. Also, every embassy is different in their procedures and can differ from country by country or even by local region. It is important that the noncitizen and his or her immigration attorney remain fully informed and work together to resolve the 221(g) issue.

Once the procedures have been clarified, it is up to the client and the attorney to marshal the appropriate documents together and draft an appropriate response. Assembling the documents may take months in situations where the attorney and/or noncitizen have to coordinate with employers, medical professionals, police departments, courts, federal government agencies, or any other third-parties that may have records relating to the 221(g) issue. The immigration attorney may then draft an appropriate response summarizing all of the information.

If you have questions about your 221(g) hold or if you have immigration questions in general, contact our office today to speak with attorney-at-law Sweta Khandelwal.

Legal.io Logo
Welcome to Legal.io

Connect with peers, level up skills, and find jobs at the world's best in-house legal departments

More from Legal.io

Community Perspectives: Is it feasible to go from BigLaw into in-house if I have less than 5 years of experience?

Our anonymous In-house Fishbowl community members recently discussed the move when transitioning from BigLaw to in-house position without having been in their position for at least five years. Here is a list of the responses from others in the community.

Community Perspectives: Is it feasible to go from BigLaw into in-house if I have less than 5 years of experience?
In-House CounselCareer
Corporate Legal Professionals Navigate Rising Cybersecurity Challenges

CLOs and GCs are increasingly finding themselves at the forefront of the battle against cyber-attacks and data breaches, as these threats pose significant risks to companies' data, reputations, and financial stability.

Corporate Legal Professionals Navigate Rising Cybersecurity Challenges
General CounselPrivacy
Dear Legal Ops - Podcast Episode 10: DLO Deep Dive with Carl Morrison, Sheena Ferrari, and Tommie Ferreira

This week the Dear Legal Ops Podcast is pulling back the anonymous curtains and popping some prosecco with their favorite legal ops leaders, Carl Morrison, Sheena Loren Ferrari, and Tommie Ferreira, courtesy of our sponsor Legal.io.

Dear Legal Ops - Podcast Episode 10: DLO Deep Dive with Carl Morrison, Sheena Ferrari, and Tommie Ferreira
Legal OperationsTechnologyLegal Software
Launching Posts - connection for the legal profession

We're thrilled to announce the launch of Posts on the Legal.io platform. This isn’t just another social feature – it’s a transformative step towards building the future of legal work.

Launching Posts - connection for the legal profession
Technology
CCPA Amendments Extend Protections to Reproductive Health and Citizenship Status

Enhanced data protection measures will go in effect in California next year.

CCPA Amendments Extend Protections to Reproductive Health and Citizenship Status
GovernmentPrivacy
How to Handle Gaps on Your Resumé

If you’ve spent time out of work, the resulting gap on your resumé can feel like a yawning chasm. But if you handle it right, this needn’t be the case. The most common reasons for taking time out are parenthood, illness, being laid off or fired, caring for family, study, travel, or time to think. Fortunately, any of these can be framed positively – it’s simply a matter of finding the right way to present your time. Here are some ideas for ensuring that gap doesn’t hold you back.

How to Handle Gaps on Your Resumé
Career
Lawyers Who Stopped Musk’s Pay Plan Seek $6B in Stock

Lawyers representing a Tesla investor are requesting $6B in legal fees, payable in Tesla stock, after successfully challenging Elon Musk’s $55.8B pay package.

Lawyers Who Stopped Musk’s Pay Plan Seek $6B in Stock
CompensationNewsletter
Legal.io Newsletter - June 17, 2022

Published weekly on Friday, the Legal.io Newsletter covers the latest in legal, talent & tech.

Legal.io Newsletter - June 17, 2022
Legal OperationsTechnologyIn-House Counsel
Legal.io Logo
Welcome to Legal.io

Connect with peers, level up your skills, and find jobs at the world's best in-house legal departments