On June 8, 2023, the U.S. Department of State announced that it had adopted new technology and enhanced coordination to reduce the time required for Administrative Processing, which encompasses a range of possible additional steps that may be required before an applicant can demonstrate eligibility for a visa. These steps may include additional national security vetting. Historically, Administrative Processing lacked predictability and transparency, and many U.S. visa applications would languish for months or years.

Despite the State Department's assurances, many Administrative Processing visa cases are still taking a very long time to clear. This is particularly true for Russian, Chinese, and Iranian applicants, including individuals who held visas in the past, are currently living in the United States, or have U.S. citizen family members. Absent an effective advocacy and engagement strategy, expediting the resolution of an Administrative Processing case can be challenging, and applicants living in the United States needing a visa to return should seek advice on the risk of a lengthy delay before leaving the country. In some instances, deferring travel may be advisable.

If a visa applicant is told that they will be placed into Administrative Processing, they should take the following steps:

  • Ask the interviewing officer why the application is going into Administrative Processing;
  • Ask how long the officer believes it will take for the application to clear Administrative Processing;
  • Make notes immediately after the interview of all of the questions asked by the consular officer;
  • Preserve any paperwork given to visa applicant after the interview;
  • Seek professional advice before submitting responses to any questionnaires or requests for additional evidence.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.