Challenging Administrative Processing Delays

Challenging an administrative processing delay in an immigration case (usually involving a visa application at a U.S. consulate or embassy) involves a few key strategies. “Administrative processing” under INA §221(g) is a black-box term that often means a background check, security clearance, or additional review. While the government doesn't have a formal deadline for how long this can take, unreasonable delays can be challenged.

Here are your main options:

1. Make Regular Inquiries

Start with the lowest-effort steps:

• CEAC Status Check: Check the CEAC website to confirm the visa status.

• Email or Contact the Consulate: Use the consulate’s public inquiry form or email to request a status update. Keep a record of your outreach.

• Contact the Department of State (DOS): Use the Visa Status Inquiry Form.

These steps are unlikely to resolve long delays but are necessary for documenting your efforts before escalation.

2. Request Congressional Assistance

You can ask your U.S. senator or representative to inquire about your case. They cannot influence the outcome, but they can request a status update and sometimes help move things along.

• Find your representative at house.gov or senate.gov.

• Provide a privacy release and case information.

• This can sometimes prompt action or more detailed information.

  
  

3. Submit a FOIA Request

If the case has been delayed for many months or over a year, you can file a Freedom of Information Act (FOIA) request to USCIS, DOS, or DHS (depending on where the delay lies). This won’t speed up the process but may reveal the reason behind the delay.

4. Administrative Appeals?

There is no appeal or motion to reconsider a 221(g) delay or refusal. You can only reapply or litigate.

When Is a Delay “Unreasonable”?

There’s no fixed rule, but typically:

• 3–6 months: Normal (especially for certain nationalities or sensitive occupations)

• 6–12 months: Questionable

• 12+ months: Likely unreasonable (subject to case specifics)

5. File a Mandamus Lawsuit (Writ of Mandamus)

If the delay is unreasonable, a federal court lawsuit can be filed to compel the government to act. Schedule a consultation today at Wisecup Legal and we can help take the fight to the government!

Disclaimer: This article should is a summary and should not be construed as legal advice. If you need assistance, please schedule a consultation today.