The Department of State takes the position that there is no requirement for a visa officer to adjudicate a visa application. The Department of State has increasingly resorted to quasi-refusals or “administrative processing” of immigrant and nonimmigrant visa cases pursuant to INA § 221(g). The administrative processing can last anywhere from a few days to forever. Certain embassies and consulates have also placed cases in “extreme vetting” through issuance of supplemental requests for information or the dreaded DS-5535, which is a penalty box of sorts for visa applicants who must pass through a review and security check at the National Vetting Center. Emails to the embassy, congressional support, and liaison efforts often fail to trigger the completion of processing. While not without risk and the last resort, litigation of consular delays and endless administrative processing can successfully produce an outcome of a visa application.

Join us for a discussion of the timing of such lawsuits, the litigation position of the State Department, venue considerations, and how you can prepare for the next administration.

This roundtable is presented by AILA's Benefits Litigation Committee. The Benefits Litigation Committee (formerly known as the High Impact Litigation Committee and the AILA Administrative Litigation Task Force) pursues AILA’s immigration benefit-related priorities through high-impact litigation and helps educate and empower AILA members to engage in litigation. The Benefits Litigation Committee collaborates with partners to identify policy positions used to support the denial of applications and petitions for immigration benefits that would be vulnerable to litigation on an individual basis as well as with respect to broader impact litigation. The Committee also develops novel legal theories and brainstorms new ways to challenge agencies and create educational opportunities and resources for AILA members to help build AILA’s litigation capacity.

AILA Video Roundtables are free interactive learning opportunities hosted by faculty selected for their expertise, with an emphasis on discussion and Q&A. This roundtable is available only to AILA members and is not CLE eligible. The free recording will be available 7-10 business days following the live event.