New Jersey & Virginia Offices · Serving All 50 States
Delayed Case Type

Your visa interview went fine — and the case never moved again

Administrative processing is the least explained stage of the visa system. Applicants are handed a coloured slip, told the case needs further review, and then left without a timeline, a contact, or any way to check progress. Consular delays respond well to federal litigation.

Last updated:

Check if your case qualifies

What 221(g) actually means

Section 221(g) of the Immigration and Nationality Act lets a consular officer decline to issue a visa on the spot because something remains outstanding — a document, a security advisory opinion, an inter-agency check, or a further review of the petition. It is a suspension, not a refusal on the merits.

The problem is that nothing obliges anyone to finish it on a schedule. Cases routinely sit for a year or more with the status page showing the same line, and the consulate's standard reply is that the case remains in processing.

When it becomes actionable

As a working threshold, 6 to 12 months in administrative processing with no substantive movement is enough to bring a case. Shorter periods can be actionable where the harm is acute — a job offer with a deadline, a family separation, a medical situation, or a petition approaching expiry.

Consular cases are among the more responsive to litigation, in part because the review is often complete and simply sitting in a queue nobody is clearing.

You do not need to be in the United States

U.S. federal courts hear these cases regardless of where the applicant lives. You do not need a U.S. address and you do not need to travel here — the case is litigated in writing and we handle every filing. What matters is that a U.S. agency is responsible for the delay.

We handle 221(g) matters at embassies and consulates worldwide, including Ankara, Istanbul, Abu Dhabi, New Delhi, Islamabad and Lagos among many others.

Common questions

Who is actually sued in a consular case?
Typically the officials responsible for the delay, which in consular matters generally means the Department of State and the relevant officers rather than USCIS. Identifying the correct defendants is one of the first things we work out, because naming the wrong agency is a common reason pro se cases are dismissed.
Will the consulate treat my case worse because I sued?
Consular officers decide visa applications on eligibility grounds, and a suit over timing does not change those grounds. In our federal filings we have not seen a case handled punitively because it was brought.
The consulate keeps saying "administrative processing continues." Is that a decision?
No, and that is the heart of the problem. It communicates nothing about progress and creates no deadline. A repeated identical response over many months is useful evidence that the case is not being actively worked.
My petition is close to expiring while I wait. Does that change anything?
It strengthens the case. A petition running out of validity is concrete, documentable harm caused by the delay itself, and it is the kind of consequence courts take seriously.

Related delays

Not sure whether your delay is far enough along?

Send us the filing date and the current status. We will tell you honestly whether the case is ready — and say so if it is not.

Check if your case qualifies
Chat with us on WhatsApp