The U.S. Citizenship and Immigration Services (USCIS) sends all immigrant visa petitions to the National Visa Center (NVC) for filing. The NVC then sends the petitions to the appropriate embassy or consulate.
If the petition filed on your behalf is still with USCIS, you may check the case status online here. For further information, please contact USCIS directly. Our office does not have any role in the immigrant visa petition process until USCIS approves the petition.
If the petition is still with the National Visa Center (NVC), you will need to contact them directly if you have questions.
If your petition is with our office but you have not interviewed for an immigrant visa, please read the instructions here.
If you have interviewed at our office and your immigrant visa was approved, please visit this page. If your visa was not approved, please follow the instructions below:
Sometimes we need more information about your case, or sometimes required documents are missing. If this happens, we will give you an OF-194 “blue sheet” explaining what we need, or why we can’t issue you a visa. Most of beneficiaries are refused under Section 221(g) and Section 212(a)(1) of the Immigration and Nationality Act (INA). Below is more information on each of these ineligibilities:
This section of the INA states that visa applications lacking required documents must be denied until such time as those documents are submitted and found to be sufficient. Beneficiaries may choose to submit the additional information or documents either in person at the Consulate as scheduled on the OF-194 refusal sheet or by postal mail at Vietnam Post locations free of charge. However, beneficiaries are encouraged to submit the documents in person. Beneficiaries should include the OF-194 along with the documents to be submitted. Note: applications refused under Section 221(g) have one year from the refusal date to submit the requested documents/information. Failure to do so could result in the termination of the case.
Some Reasons for Denial Under Section 221(g):
- Missing or expired medical results or police certificates at the time of the interview.
- DNA testing suggested because submitted documents failed to support the relationship.
- Missing Affidavit of Support (form I-864/ I-864A) from petitioners or joint sponsors.
- If the OF-194 states “additional, necessary administrative processing” is required, the beneficiary does not need to submit any documents and must wait for our consular officers to review the case. We will contact the beneficiary when the review is complete. Please note that the one year period does not apply in this type of denial.
- Here are links to forms that are often missing:
- Form DS-260 Paperless Application for Immigrant Visa
- Form DS-160 Nonimmigrant Visa Electronic Application
- Form I-864 (PDF-511KB) Affidavit of Support and I-864A (PDF-449KB) Contract Between Sponsor and Household Member
- Form I-864EZ (PDF-422KB) Affidavit of Support Under Section 213A of the Act
- Form I-864W (PDF-364KB) Intending Immigrant’s Affidavit of Support Exemption
This section of the INA prohibits the issuance of a visa to a beneficiary with a communicable disease of public health significance. The Consulate General recommends that the beneficiary make arrangements with Cho Ray Hospital for appropriate treatment of the medical condition. When the beneficiary’s condition has improved sufficiently, he/she may be eligible for a visa.
For further information about ineligibilities and waivers, please click here.
The officer is sending my case back to U.S. Citizenship and Immigration Services (USCIS), now what?
Cases are returned to USCIS for closure or revocation for a number of reasons. Cases that are refused and recommended for revocation are returned to the USCIS Service Center where the petition was originally filed. If this happens, we will explain the next steps and return all your personal documents. It can take several months for a petition to be received by USCIS. Once a case is returned to USCIS, the case is administratively closed in our office. At this point, you will need to contact USCIS for the status of your case.
Any further inquiries, including any possible further actions to be taken for a returned case, should be made directly with the USCIS Service Center where the petition was filed. Additional information can be viewed on USCIS’s website.
I didn’t take action on my case for over a year.
Section 203(g) of the Immigration and Nationality Act requires intending immigrants to pursue their visa applications within one year from the date they are given official notice to apply for an immigrant visa. An Instruction Package (PDF 477 KB) or Appointment Package (PDF 543 KB) are considered the official notices that the application process must be started. If the beneficiary fails to take action on the case within a year, the visa petition is temporarily terminated. A Notice of Termination is sent (TERMLT-1) if the beneficiary fails to:
- Submit a DS-260 visa application form
- Show up for the visa interview without having submitted a written notice to the Immigrant Visa (IV) Unit; or
- Take further action on his/her visa application after it was refused under INA 221(g) or due to lack of documentation.
If you can prove you did not take action within one year of receiving your termination notice for reasons beyond your control, then we may be able to reinstate your case. The beneficiary or petitioner should contact us to explain in writing why they did not take action regarding their petition.
Note: Applicants who wait more than one year to pursue their cases after a 221(g) refusal might be required to pay a new visa application processing fee before processing of their application resumes.
If applicants do not respond to a termination notice within one year of the notice being sent, a Final Notice of Cancellation (TERMLT-2) is sent. At this point, the visa petition and its supporting documents are destroyed.
Please be aware that petitioners, beneficiaries, and their legal representatives are responsible for providing their current and correct addresses to the National Visa Center (NVC) and our office to ensure that correspondence regarding visa petitions reaches beneficiaries in time.