Administrative Processing: Visa Delays, Denials & Options

By Nita Nicole Upadhye

Table of Contents

After attending your visa interview at a US Embassy or Consulate, you may have been told at the end of the interview—or later, via email—that your case is in “administrative processing.”

This can be hugely disheartening and concerning given the time and investment you will have already put in your application.

An understanding of what administrative processing means, and knowing how to follow up on the status of your case, may be helpful to alleviate your concerns and clarify the steps you can take to progress your application and achieve a successful decision in your favour.

In this guide for US visa applicants, we explain what administrative processing means for your application and discuss the timeframes you could be facing for a decision to be made.

 

What is administrative processing?

 

Adminstrative processing, also known as Security Advisory Opinion (SAO), refers to the period when a decision on a US visa application falls outside of the normal visa processing times.

When you attend your visa interview, your application is being adjudicated by a Department of State consular officer. Consular officers are required to make a decision on a case at the conclusion of the interview. This means they must be satisfied that you meet the visa criteria and you do not pose a security or other related risk to the US.

At the end of the visa interview, a positive or negative decision has to be entered by the officer at that time; no case can remain in unadjudicated status.

If the officer’s decision is to grant the visa, you will know right away; they will tell you this and give you instructions about how to receive your visa.

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

 

Broadly, there are two types of denials – “hard” and “soft” denials.

A “hard” denial is a denial under either Section 214(b) or Section 212(a) of the Immigration and Nationality Act (INA), or both.

Section 214(b) is the provision of the law that allows the officer to deny the visa summarily, i.e., because they have determined that the applicant intends to overstay the visa if issued. A denial under Section 212(a) is a denial in which the officer makes a legal finding that the applicant is ineligible to enter the United States on a specific ground (for example, the applicant has been convicted of a controlled substance violation).

Section 214(b) and 212(a) denials are considered “hard” because the application has been fully adjudicated at that point, and the negative decision is not likely to be overcome or changed, at least not on that application.

A “soft” denial typically results in administrative processing.

A “soft” denial is a denial under Section 221(g). Section 221(g) is the provision of the INA which 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.

Generally speaking, an officer would make a “soft” denial as opposed to a “hard” denial, thereby putting the case in administrative processing, because:

 

  • They lack some information or a clearance at that moment; and
  • They believe that the information or clearance is forthcoming, and once it is received, they will overcome the denial and grant the visa.

 

How do I know which type of denial I’ve received?

 

You be able to identify the type of denial you have received by examining the written notice the officer gives you at the end of the interview.

If the notice indicates 214(b) or identifies a 212(a) ground of ineligibility, and the officer says “I cannot grant the visa today” or something along those lines, you will know you have received a “hard” denial. Note that if the officer talks about recommending a waiver, this is NOT administrative processing, rather, it is a form of relief for an ineligibility. In, this case, take advice on making a waiver application.

If the paper indicates 221(g) or administrative processing, and the officer says, “Your case is in administrative processing,” you will know you have received a “soft,” or 221(g) denial.

 

A 221(g) denial has legal consequences

 

It is important to understand that a Section 221(g) denial which puts a case in administrative processing is legally just as much a denial as a Section 214(b) or 212(a) denial.

Unless it is overcome and turned into a grant within one year, it will remain a denial on the record, and as such, it has exactly the same impact as any other visa denial. This includes the likelihood that the applicant in the future will be denied travel authorization under the Electronic System for Travel Authorization (ESTA) as having been denied a visa in the past by the Department of State.

 

Turning a “soft” denial into a grant

 

This is the difficult part of administrative processing. Sometimes there is nothing you can do. Often, what is preventing the officer from granting the visa is a clearance that has yet been received. If there is negative matching or potentially matching security information in the record that needs to be cleared, under State Department guidelines, the officer cannot issue the visa until permission is received from the Visa Office in Washington, D.C..

Delays in receiving clearance are not usually the fault of the interviewing officer, who usually (with some exceptions) intends to turn the 221(g) denial into a grant. Rather, delays occur in Washington, D.C., where, depending on the type of case, the Department of State may have to seek permission to issue the visa from several other agencies of government. This is why when administrative processing involves a clearance, it can sometimes take weeks or months to be resolved.

 

If information is requested, provide it!

 

Sometimes an applicant will have some control over the timeline of administrative processing. The officer may need more information from you to resolve the case. Or they might need you to take certain action. The notice you were given at the end of the interview will tell you the information you need to provide or the action you need to take. You should act on this for your application to be progressed.

For example, the officer may need you to get a police certificate and submit it to the Embassy or Consulate. The sooner you can provide it, the faster your case will come out of administrative processing. Or the officer may need you to go for a medical examination. Your case will remain in administrative processing until you complete that exam and the results are sent by the doctor to the Embassy or Consulate.

It is important to understand that, depending on what the new information is, the case will not necessarily be resolved in your favor, i.e., the new information could prompt the officer to turn your case from a “soft” denial into a “hard” one.

 

Investigative work at the Embassy or Consulate

 

Sometimes a case may be placed in administrative processing because the officer needs to do more investigation on the case, either because there are fraud indicators or some other information is outstanding which only the officer can retrieve, for example, the officer may need to have a discussion with a colleague at another Embassy.

Generally speaking, timelines for work that can be accomplished locally, without reference to Washington, D.C., are shorter.

 

Steps to take your case out of Administrative Processing

 

If the officer has not asked you to provide information or take some action, your case is likely to be in administrative processing either because the officer is waiting for clearance or because they are conducting a local investigation.

Unfortunately, there is no way to determine which of these applies to you (and even if you did know, there is no opportunity to impact the timeline).

Nevertheless, one thing you can do regardless of the reason your case is in administrative processing is to contact the Embassy or Consulate’s Consular Section. It is important to remember that every Embassy or Consulate is required to have a public-facing email address to answer visa queries. Find out what this address is and use it to ask about the status of your case, especially if a few weeks have passed and you’ve heard nothing.

If your case has been in administrative processing for a long time, an inquiry from you or your attorney is not only reasonable but may serve to remind the officer that the case needs following up with whatever parties the officer is dealing with on your case.

 

My case has been in Administrative Processing for months – what can I do?

 

You could consider submitting a second visa application if your case has been in administrative processing for several months. There are pros and cons of doing this; the decision should be weighed carefully based on individual circumstances, and you should seek advice on your best course of action.

Applicants in extremely long administrative processing may wish to consider making a Congressional inquiry, writing the Visa Office in Washington, D.C. directly, or requesting that the case be expedited if compelling circumstances exist, e.g., circumstances that would involve severe financial loss to a US business entity.

In an extreme case, filing a special writ in federal district court, a writ of mandamus, may compel the Department of State to act on your case.

 

Need assistance?

 

To find out what your options might be, seek advice. The US immigration attorneys at NNU Immigration are specialists in consular procedures and practices. We help employers and individuals, guiding them through the visa application process.

If you have a question about administrative processing, or any other US immigration-related matter, please contact us for advice.

 

Administrative processing FAQS

 

What is administrative processing?

Administrative processing is a background check conducted by the US Department of State after a visa interview to verify information before issuing or denying a visa.

 

How long does administrative processing take?

The duration varies. It can take a few days to several months depending on security clearances and additional document reviews.

 

Why was my visa placed in administrative processing?

Reasons may include security concerns, missing documents, background checks or the need for additional verification of your application details.

 

How can I check the status of administrative processing?

You can check the status on the US Department of State’s CEAC website using your visa application case number.

 

Can I expedite administrative processing?

There is no guaranteed way to expedite the process You can contact the embassy or consulate to request an update if your case has been pending for an extended period.

 

Does administrative processing mean my visa will be denied?

Not necessarily Some cases are approved after additional checks while others may result in a denial based on the findings.

 

What should I do while waiting for administrative processing?

Monitor your case status, respond to any embassy requests promptly, and avoid making non-refundable travel arrangements until your visa is issued.

 

Can I reapply for a visa while my case is in administrative processing?

It is generally not recommended unless the consulate advises otherwise Submitting a new application does not guarantee faster processing.

 

What happens if my administrative processing exceeds 60 days?

You can follow up with the consulate or embassy for updates If the delay is unreasonable, you may contact legal counsel or seek congressional assistance.

 

Can administrative processing be avoided?

While it cannot always be avoided, ensuring accurate documentation, clear answers in your interview, and a well-prepared application can help minimize delays.

 

Glossary

 

 

Term Definition
Administrative Processing A background check conducted after a visa interview to verify details before approval or denial.
221(g) Notice A form given to visa applicants when additional processing or documents are required before a decision is made.
CEAC (Consular Electronic Application Center) The online system where applicants can check the status of their visa application.
Visa Refusal A decision by a consular officer to deny a visa, which may be temporary or permanent depending on the reason.
Security Clearance A review process where applications are checked against US government databases for security concerns.
Supplemental Review Additional checks conducted when a visa application requires further verification.
Pending Case A visa application that has not yet been approved or denied due to ongoing administrative processing.
US Consulate or Embassy A diplomatic office that processes visa applications and conducts interviews.
Nonimmigrant Visa A visa category for temporary travel to the US, including work, study, or tourism.
Immigrant Visa A visa category for those seeking permanent residence in the US.
Visa Interview A required step where applicants meet with a consular officer to determine visa eligibility.
Background Check A security screening process conducted as part of administrative processing.
Expedite Request A formal request to speed up administrative processing in cases of emergency or significant hardship.
Congressional Inquiry A request made through a US senator or representative to obtain updates on a delayed visa application.
Visa Approval The final decision granting a visa after administrative processing is completed.
Visa Denial A rejection of a visa application based on eligibility, security concerns, or lack of required documents.
Travel Ban or Restriction A policy that may affect visa issuance for applicants from certain countries.
Consular Officer A government official responsible for reviewing visa applications and conducting interviews.
Visa Issuance Delay A hold on processing that extends beyond the typical timeframe due to additional review.
Follow-Up Documents Additional paperwork requested by the consulate to complete administrative processing.

 

Author

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

This article does not constitute direct legal advice and is for informational purposes only.

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