9 FAM 306.2-2(A) (U) When a Refusal May Be Overcome
(CT:VISA-1233; 02-24-2021)
a. (U) 221(g) Cases: You should find that an immigrant visa (IV) or nonimmigrant visa (NIV) applicant has overcome a refusal under INA 221(g) in two instances: when additional evidence is presented or administrative processing is completed.
(1) (U) Additional Evidence Presented: When the applicant has presented additional evidence to attempt to overcome a prior refusal, you should re-open and re-adjudicate the case by overcoming the prior INA 221(g) refusal and determining whether the applicant is not eligible for a visa. Examples include:
(a) (U) An IV applicant missing a required document, a birth certificate, for example, should be refused under INA 221(g) pending that certificate (see 9 FAM 403.10-3(A) for guidance on INA 221(g) refusals). When the applicant submits the required document, you should overcome the previous INA 221(g) refusal and determine whether the applicant is now eligible for the visa.
(b) (U) Similarly, if an applicant refused under INA 221(g) because you decided that you do not have enough information to make a finding of whether the applicant is ineligible under INA 212(a)(4), subsequently presents sufficient evidence to make a public charge determination, you should overcome the INA 221(g) refusal and process the case to completion.
(c) (U) The amount of time the applicant has to overcome a refusal is not indefinite.
(i) (U) For IV cases, the applicant has one year from the date of refusal to produce additional evidence "to overcome the ground of ineligibility on which the refusal was based." If an IV applicant wants to present additional evidence after one year, the applicant must submit a new DS-260 and pay a new IV fee.
(ii) (U) For NIV cases, Department regulations do not set a time limit on accepting additional evidence to overcome a refusal. Consular managers may use discretion in setting an appropriate policy, but no additional evidence provided one year or more after the refusal should be considered without requiring a new application and fee. If a post sets a time period of less than one year in which additional evidence will be accepted, keep in mind that you may not charge an additional MRV fee to applicants refused under INA 221(g) who re-apply within one year of that refusal (see 9 FAM 403.4-2).
(2) (U) Administrative Processing Completed:
(a) (U) A prior INA 221(g) refusal entered for administrative processing may be overcome once you can determine administrative processing is completed and you receive any required advisory opinion or other needed information.