WHAT IS ADMINISTRATIVE PROCESSING?
Administrative processing, also referred to as Security Advisory Opinion (SAO), is the time frame during which a determination regarding a US visa application is made outside of the time it takes for visa processing.
An official from the Department of State’s consular division will be deciding on your application when you appear for your visa interview. At the completion of the interview, consular authorities must decide on a case. This signifies that they have to be convinced that you comply with the requirements for the visa and do not present a risk to the US in terms of security or any other relevant area.
A decision about the visa application must be made by the officer at the conclusion of the interview; no case may stay in an unadjudicated status after that point.
If the officer decides to grant the visa, they will inform you of their decision and provide you with information on how to do so.
If the officer’s decision is to deny the application, the officer has a couple of choices, and this is where administrative processing can come into play.
HARD AND SOFT DENIALS
Denials can be broadly categorized into two categories: “hard” and “soft” denials.
A denial made in accordance with any or both of the Immigration and Nationality Act’s (INA) Sections 214(b) or 212(a) is referred to as a “hard” denial.
The law’s Section 214(b) authorizes the officer to summarily reject the application for a visa if they believe the applicant would overstay it if it is granted. When an application is denied under Section 212(a), the officer must make a legal determination that the applicant is not permitted to enter the country for a particular reason (for example, the applicant has been convicted of a controlled substance violation).
Denials under Sections 214(b) and 212(a) are regarded as “hard” since the application has been thoroughly adjudicated at that stage and it is unlikely that the negative judgment will be overturned or amended, at least not on that application.
But the consequences of Administrative Processing indicate the “soft denial. A “soft” denial is a denial under Section 221(g). Section 221(g) is the provision of the INA that allows an officer to deny a case as an interim measure when they do not have the information or clearance they need to be able to grant the visa at that moment.
In general, an officer would issue a “soft” denial as opposed to a “hard” refusal, submitting the case for administrative processing for the following reasons: They now lack some information or approval, but they anticipate getting it shortly. When they do, they will override the denial and grant the visa.
HOW DO I KNOW WHICH TYPE OF DENIAL I’VE RECEIVED?
Examining the written notice the officer provides you with at the conclusion of the interview will help you determine the type of denial you have experienced.
You will know you have received a “hard” denial if the officer states anything to the effect of “I cannot grant the visa today” or similar language and the notice of 214(b) or 212(a) reason of ineligibility is mentioned. Remember that if the officer mentions suggesting a waiver, this is NOT administrative procedure; rather, it is a way to address an ineligibility. To apply for a waiver in this situation, get guidance.
You will be aware that you have received a “soft,” or 221(g) refusal if the paper states that your application is in administrative processing or 221(g) and the officer replies, “Your case is in administrative processing.”
WHAT SHOULD I DO IF I BELIEVE I WAS PLACED IN ADMINISTRATIVE PROCESSING BUT I DID NOT RECEIVE ANY NOTICE?
Ask the consular post handling your visa application whether your case has been moved to administrative processing if you haven’t received a notice that your application has been. You can call or email the consulate to confirm your case. The consular officer who conducted your visa interview may be reachable by phone in certain circumstances.
TAKING ACTION AGAINST THE ADMINISTRATIVE PROCESSING (SOFT DENIAL)
Depending on the specifics of your situation, you may want to take the following steps if you are dealing with delayed administrative processing:
- Ask a supervisor at the consulate station to take over the investigation.
- Make contact with the Department’s Visa Office.
- Follow-up via the group that serves as a conduit between the Department and the American Immigration Lawyers Association.
- Ask the consular officer to request that the administrative processing be sped up in truly exceptional cases where a delay will result in American workers losing their jobs or a U.S. business suffering significant financial loss, or where a U.S. federal government agency believes the visa’s issuance is urgent and time-sensitive.
- Request a congressional investigation through a member who is eager to assist.
- Submit a second visa application: this may present an opportunity to provide additional supporting information, but it could also cause a delay in the processing of both visa applications.
- proactively submitting a Form DS-5535, Supplemental Questions for Visa Application, to supply biographical information that would be useful for any background/security check.
- Submit a mandamus petition to a federal court through a lawyer.
- Any other way the lawyer can help?
DURATION OF ADMINISTRATIVE PROCESSING
Processing times are unpredictable. Most cases involving administrative processing are finished within 60 days or fewer of the visa interview, according to the US Department of State. the length of the typical administrative processing wait time can change, nevertheless, depending on where the consulate sits. The specific circumstances surrounding a visa applicant’s case may also have an impact on the administrative processing wait time.
IF MORE THAN 60 DAYS HAVE PASSED SINCE A CASE WAS SENT FOR ADMINISTRATIVE PROCESSING, CAN ANYTHING BE DONE?
Email correspondence should be sent to the consulate handling the visa application if it has been more than 60 days since the visa interview or since the submission of new documents. Note that there may be variations in the standard wait time for administrative processing. Before you contact the consulate, it’s necessary to examine their website.
The U.S. Department of State’s Visa Office can be contacted via email or by phone at 202-485-7600 if the matter has been unresolved for more than 90 days.
IF THE APPLICATION FOR A NON-IMMIGRANT VISA (DS-160) IS SENT FOR ADMINISTRATIVE PROCESSING, DOES THIS MEAN THE APPLICATION WAS DENIED OR WILL BE DENIED?
No. When a visa application is forwarded for administrative processing, visa eligibility has not been established. The application is probably going to be approved once the case has returned from administrative review and no issues have been found. The Consular Officer will ultimately decide whether something can be approved.
Such decisions are decided on an individual basis, and no U.S. court will hear an appeal in the event of a negative finding.
ANY INDICATION ABOUT WHERE RAJU LAW CAN HELP?
Attorney Raju Mahajan & Associates is always available for you to get relief from the Administrative Processing. The most effective and significant way is a Writ of Mandamus for Administrative Processing and this Writ petition has to be submitted to a federal court through a lawyer. Our attorney Raju Mahajan has a license in the Court of the District of Maryland and the District of Columbia. So, we will be able to assist you to submit your Writ petition against the Administrative Processing of your Visa.
