Josh Goldstein, an experienced immigration lawyer, shares five reasons and valuable tips to overcome visa 221(g) administrative processing. If you're facing this situation, keep reading for key additional information on your immigration journey!
1. Your Religious Affiliation or Nationality
A concerning reason could be your religious affiliation or your country of origin, especially if you are Muslim or come from a predominantly Muslim nation. Unfortunately, Islamophobia and intolerance can influence the visa administrative process.
Even if you are from a country with a religious minority, like the case of a Christian client from Lebanon, you may still face obstacles due to the overall perception of the country.
2. Questionable Relationship with the United States
International politics also play a crucial role. If your country has a questionable relationship with the United States government, you could be in trouble.
Countries like Cuba, Venezuela, Pakistan, China, Iran, and Afghanistan are often affected by political disputes, and visa applicants from these places may get caught up in the administrative process.
3. Extensive Travel History
If you have traveled extensively, especially to Muslim countries or those with questionable relationships, your visa could be in limbo. While undertaking humanitarian missions, such as flying to Afghanistan or Pakistan to help those in need, is admirable, these travels can trigger 221(g) administrative processing.
In a perplexing reality, men often face higher chances of being subjected to 221(g) administrative processing compared to women. Although the reasons behind this may be mysterious, experience suggests that men tend to experience longer delays in their visa applications.
5. Military Service
If you have served in the military, you could find yourself stuck in 221(g) administrative processing. Although this situation may seem unfair to some, the reality is that military service can be a determining factor.
However, if you find yourself in this situation, there are steps you can take to try to expedite the process.
Resources and Best Support Group
Navigating the visa administrative process can feel like entering an intimidating abyss. But remember, you don't have to face it alone!
Josh and his team of US immigration experts have 20 years of knowledge and resources covering 221(g) administrative processing.
We recommend you get the best community support by joining the Administrative Processing, 221G, and Visa Delay Issues group. You can also download our complimentary Cheat Sheet - How to Get Your Visa Quickly Approved When It’s Stuck in Administrative Processing.
Your Visa Journey Matters! Take Action Today!
We encourage you to seek legal guidance and explore possible avenues to speed up the process if you're grappling with these challenges. Take our online quiz below if you have a delayed 221(g) administrative processing challenge.
We’ll contact you to set up a free evaluation of your case and advise you on the best way forward. We’ve helped a multitude of clients get their visas out of years of 221(g) administrative processing delays. Take action today!
Your Frequently Asked Questions Answered Here
We’ve put together a list of frequently asked questions (FAQs) to address any other inquiries you might have regarding this topic.
1. Why is my U.S. visa taking longer?
Some visa applications face delays due to "221(g) administrative processing." This is extra time given for U.S. government agencies to review potential security issues. Security clearances can significantly prolong the visa application process, as multiple agencies may need to review your materials.
2. What is the visa backlog status in 2023?
The visa backlog happens because there are more cases submitted than processed. As of September 2023, about 314,853 immigrant visa applicants are waiting for an interview, according to the recent NVC report.
3. What affects USCIS processing times?
Times show how long it takes us to finish applications, petitions, or requests. Many things can affect this: the number of applications USCIS gets, the workload and staffing, how long it takes someone to respond to a request for more information, and policy and operational changes.
4. Can I sue USCIS for unreasonable delays?
Yes, you can. A Writ of Mandamus can help expedite an unreasonable delay in the immigration process that has caused you to place your life on hold. When you submit an immigration application, you are entitled to a decision on your immigration case.
5. Can I file a mandamus lawsuit by myself, or do I need a US immigration lawyer?
Suppose you ever need to file a mandamus lawsuit. In that case, you must first show that you've tried different ways to resolve the issue (exhausted all other administrative remedies) before going to court. It's advisable to find a Writ of Mandamus lawyer near you to help you.
6. What are my options when my visa is under 221(g) administrative processing?
There is no formal procedure for challenging administrative processing. However, you should send additional documents to the consular office. You may address all your concerns with an experienced US immigration attorney.
7. Is administrative processing a visa denial?
The online record might say "refused” after a case goes into admin processing. This doesn't mean your US visa application is denied. It just means it's not approved at the moment.