What Does it Mean if a Visa Application is Stuck in Administrative Processing?

Are you waiting for a decision on your visa application? If you have been waiting for quite some time, you may come to find that your application is held up in administrative processing. Administrative processing is effectively a category of delay that states that the U.S. government claims it needs more time to make a decision. Here, our Annandale immigration lawyer explains what you need to know about a visa that is stuck in administrative processing.

Administrative Processing: Know the Basics

The U.S. Department of State explains that administrative processing means the government has not finished reviewing a visa application and will not issue a final decision yet. The status most often appears after a visa interview at a U.S. consulate or embassy. The consular officer completed the interview but decided that additional review is required before approval or refusal.

Consular officers place applications into administrative processing for several different reasons. Some cases require additional security or background checks. Others raise questions about prior immigration history, employment, or admissibility. Applications involving certain occupations, countries of origin, or technical fields may trigger a mandatory inter-agency review.

Note: There is no statutory deadline for completing administrative processing. Some cases resolve in a few weeks. Others remain pending for several months or longer. Delays

What Administrative Processing Is Not 

Administrative processing does not mean the application has been denied. It also does not mean the applicant made a mistake or committed fraud. Many fully approvable cases enter administrative processing as a routine step. At the same time, the government does not provide a guaranteed timeline. Consulates rarely explain what specific issue caused the delay. For that reason, ending up in administrative processing can be very stressful and very frustrating. The process can feel like a bit of a “black black.” It can be hard to get real information from the U.S. government about what is happening with your application. 

Know Your Primary Option to Move a Visa Through Administrative Processing 

When a visa application remains stuck in administrative processing for an unreasonable period, a writ of mandamus may provide a path forward. A writ of mandamus is a federal lawsuit that asks a court to order the U.S. government to take action on a delayed application. It does not ask the court to approve the visa. It asks the court to require a decision. Federal law imposes a duty on agencies to adjudicate applications within a reasonable time. When the government fails to act, mandamus litigation can force movement. Depending on your specific situation, that may be the best option to get the government to make a decision on your visa. 

Contact Our Annandale Immigration Attorney for Immediate Help

At Escobar Law Offices, our Annandale immigration lawyer is standing by, ready to help you find the best solution. If you have any questions about a visa that is stuck in the administrative process, we can help. Contact us today for your completely confidential case evaluation. Our firm provides immigration law services throughout Northern Virginia, including in Fairfax County.

Source:

travel.state.gov/content/travel/en/us-visas/visa-information-resources/administrative-processing-information.html