Immigration Issues/221g ESTA

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Question
Hi Ajay,

I received a 221g (Administrative Processing) in London Consulate when applying for H1B, I believe this equates to a refusal/denial of visa.

A few months later, I overcame the 221g Administrative Processing stage and my application was processed and the visa stamp received (it is now in my passport).

I overcame the decision/refusal, does the issuance of the eventual visa supersede the initial 221g refusal?

When answering question F on ESTA regarding have I ever been denied a U.S. visa, do I select yes or no?

Thanks

Answer
Hi,

A 221g letter is not a final decision, but simply a request for additional information prior to the Consulate making a final decision on issuance or refusal of a visa. Since you were issued the visa, you have not been denied a visa. Thus, you can answer "no" to question F on ESTA.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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