Waiting in administrative processing for months or years can be frustrating. Learning that the Department of State sent your case to USCIS for review can feel like a major setback. It’s natural to wonder: What happens next? For many people, a case returned to USCIS causes worry. This is especially true when delays affect urgent needs, like family reunification or health problems.
In this blog, we’ll explain why cases are returned, what happens afterward, and how you can take steps to move your case forward.
Administrative Processing Explained
Before diving into why your case returned to USCIS, let’s first explain what administrative processing is and why it happens. Also called a 221(g) review, administrative processing is an extra step in the visa application process. After your interview at a U.S. embassy or consulate, your case might go through extra visa case status checks.
This happens if officials need more time to review your information. This could mean running background checks or asking for extra documents. Waiting can be stressful, especially if you’re trying to reunite with family or start a new job. It’s a normal part of the process, but the delays can feel frustrating.
Why Are 221(g) Cases Returned to USCIS?
A case returned to USCIS in administrative processing can be sent back for various reasons:
- Missing or Incomplete Information: The consulate or embassy may find issues with the original application or supporting documents.
- Additional Review: Sometimes, USCIS re-examines the case to ensure eligibility under current laws and policies.
- Expired Petition: If too much time has passed, the petition might expire, and USCIS must review it before proceeding.
It’s important to know that cases returned to USCIS don't automatically mean denial. However, it can mean more waiting, which can be frustrating and uncertain.
What Happens After a Case Is Returned to USCIS?
Here’s what usually happens when a case returned to USCIS:
- USCIS Notification: USCIS receives the case and notifies you or your attorney.
- Case Review: USCIS examines the reason for the return and determines if more information or documentation is needed.
- Action Required: You might get a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). You need to respond within a set time.
This case returned to USCIS process can take weeks or months, depending on the complexity of your case.
Case Is Returned to USCIS? Steps for Different Visa Types
When a case is sent back to USCIS, it usually means the U.S. embassy or consulate has a problem. They may need more information before deciding on the visa. This can happen for many different types of visas, and each has its own process and potential complications. Here's a breakdown of what can happen when your case is returned to USCIS:
Immigrant Visas (Family & Employment-Based)
USCIS may return family and employment-based immigrant visa cases. This can happen if there are issues with the applicant's documents. This can happen if something is missing, like updated financial papers or proof of the U.S. petitioner's income. The consulate may need to review the case further before you receive your USCIS case decision.
What Happens Next?
USCIS will review the case based on the documents provided. If more information is needed, they may contact the applicant to ask for additional documents or clarification.
Non-Immigrant Visas (Tourist, Student, Work Visas)
For non-immigrant visas like B-1/B-2 visitor visas, F-1 student visas, and H-1B work visas, the case may be sent back. This happens if the consulate needs more information about the applicant’s intent or eligibility. For example, if a tourist visa applicant cannot convince the consular officer they will return to their home country after their visit, the case may be sent back to USCIS for further review.
What Happens Next?
USCIS will review the case to see if the applicant meets the visa requirements. They may approve or deny the application, or request more documents if needed.
Fiancé(e) Visas (K-1 Visas)
Fiancé(e) K-1 visa cases returned to USCIS can happen. Instances where they question the authenticity of the relationship. It can also occur if any documents are missing. The consulate might need more proof. This could include evidence of regular communication between the couple. The most important beginner's guide for couples is to be able to confirm that their relationship is real.
What Happens Next?
USCIS might ask for more proof or clarify things with the consulate. The applicant will usually get a Request for Evidence (RFE) if any additional documents are needed to move the case forward.
O-1 and Other Employment-Based Visas
O-1 visas are for people with extraordinary abilities in arts, sciences, or business. These visas may be sent back to USCIS if the consular officer doubts the applicant's qualifications. Cases might be returned to USCIS if there’s not enough proof of extraordinary ability.
What Happens Next?
USCIS will carefully review the case and may ask for more documentation to support the applicant’s eligibility. Once all the requirements are met, USCIS will approve the visa and send it back to the consulate for final processing.
Diversity Visas (DV Lottery)
If a Diversity Visa (DV) applicant has missing or wrong information, their case may go back to USCIS. This can happen if they do not meet the eligibility requirements.
What Happens Next?
USCIS will look into the issue and see if any information needs to be fixed. If more documents are needed, the applicant will be notified and asked to provide them
In all cases, when your application is returned to USCIS, it’s important to stay on top of any requests or updates. By keeping communication open with USCIS or a local immigration California lawyer, you can help your case move forward. This way, you can also meet all the requirements for your visa.
How to Handle Cases Returned to USCIS Urgent Situations
For some applicants, case returned to USCIS delays can create serious challenges, such as:
- Health concerns requiring travel.
- Family separations impacting well-being.
- Expiring opportunities, like work or education offered.
Steps for Urgent Cases
In urgent cases, it’s essential to stay proactive:
- Contact USCIS: Request expedited processing, citing specific reasons like health or humanitarian concerns.
- Work with an Attorney: An experienced immigration lawyer can help advocate for your case, especially in complex situations.
- Involve Congress: Contact your local representative for help expediting the case.
Can Filing a Mandamus Lawsuit Help?
If your case has been delayed for an unreasonable amount of time, filing a mandamus lawsuit could be an option. Mandamus compels the government to decide on your case, cutting through long delays. While it doesn’t guarantee approval, it can push USCIS or the consulate to act. Speak with a mandamus lawyer near you to discuss the best way forward to resolve your delay.
Tips to Protect Your Case
To avoid unnecessary delays or complications:
- Keep Records: Save copies of all documents and correspondence related to your case returned to USCIS.
- Respond Promptly: If USCIS requests more information, reply as quickly and thoroughly as possible.
- Monitor Your Case: Regularly check your USCIS case status immigration USCIS online or through your attorney.
Don’t Wait in Silence
A case returned to USCIS can feel like a step backward, but it’s not the end of the road. By staying informed and proactive, you can navigate the next steps effectively. If you are unsure about your options or facing a long delay, talking to a Los Angeles mandamus immigration attorney can help.
We can provide clarity and assist with cases returned to USCIS. Contact us today for expert guidance and support.
FAQs About Cases Returned to USCIS
We’ve put together answers to your most pressing questions about cases returned to USCIS.
1. What does a case returned to USCIS mean?
A case returned to USCIS means your visa application is sent back to USCIS for another review. USCIS may ask the consulate to review your visa again and approve it. However, they might also cancel the approval if they find issues. If USCIS needs more information from you, they will send you a letter explaining what they need. Once they get the information, they’ll review it and make a decision.
2. What happens when USCIS reopens my case?
It means they are looking at your case again because of new information. This is called a "motion to reopen." You or your lawyer can ask USCIS to review their earlier decision if there are new facts to show you qualify. You’ll need to include evidence, like documents or statements, to support your case. This helps USCIS decide if their earlier decision should be changed.
3. What happens if USCIS sends back your application?
If USCIS returns your application, it means something wasn’t filled out correctly. Instead of checking your case to see if you qualify, they send the application back to you. They also won’t cash the check you sent for the filing fee. You’ll need to fix the mistakes and resubmit it.
4. What does "case returned to agency" mean?
It simply means that USCIS has confirmed you’re legally in the U.S. and another agency is handling the next steps based on that verification.
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