In the current administration, reports have surfaced highlighting an increase in cases of administrative processing. Both visa applicants and legal experts are voicing growing concerns over the extended delays experienced in the visa adjudication process due to this administrative procedure. This article aims to elucidate the nature of administrative processing, explore the different categories it includes, and discuss the potential impacts on those applying for visas.
What Is Administrative Processing?
Administrative processing is a term used by U.S. consular posts to indicate that a visa application cannot be finally adjudicated at the time of the interview. While it is not a final refusal, cases placed in administrative processing under the Immigration and Nationality Act (INA) §221(g) will show a status of “Refused” on the Consular Electronic Application Center (CEAC) tracking system. This status remains until further steps, such as internal clearances or submission of additional documents, are completed.
Reasons for Administrative Processing
- Missing Documents: Often, a consular officer may require additional evidence such as court or police records. The applicant is given a written notice listing the required documents and must submit them within one year to avoid final refusal.
- Security Clearances:
- Name Checks: To ensure the applicant is not on any watchlists.
- Technology-Related Concerns: Security Advisory Opinions may be necessary for applicants involved in certain technology sectors.
- Nationality-Based Reviews: Additional checks for nationals from certain countries.
- Internal Consultations: Required if ambiguous facts or situations arise during the interview.
- Database “Hits”: Occur when biometric or biographic information matches entries on watchlists.
Categories of Administrative Processing
- INA §221(g) for Additional Documentation
This is the most common form of administrative processing, typically resulting from missing documents. Although a 221(g) refusal can be overcome automatically once the visa is issued, it is still considered a visa refusal and must be disclosed on subsequent visa or ESTA applications. Refusals under 221(g) may also involve requests for additional biographic information, particularly for individuals from certain countries or engaged in certain activities. In such cases, the applicant may need to complete form DS-5535, the Supplemental Questions for Visa Applicants.
- Security Clearance Required
Applicants who are otherwise eligible might experience delays due to:
- Interagency Background Checks: Coordination between various government agencies to clear the applicant.
- National Security Reviews: Ensuring the applicant does not pose a security threat.
Typically, no further action is required from the applicant. The introduction of the National Vetting Center has expedited routine administrative processing, with many cases resolved in just a few days.
- Waiver-Dependent Refusals (INA §212(a))
Applicants deemed inadmissible under 212(a) must wait for a waiver:
- Non-Immigrant Visa (NIV) Waivers: Processed by the Customs and Border Protection’s Admissibility Review Office, typically taking around 11 months.
- Immigrant Visa (IV) Waivers: Processed by the U.S. Citizenship and Immigration Services, with processing times ranging from 2 to 3 years.
While a waiver is pending, the visa status will remain “refused.” Once approved, the status changes to “approved,” and the applicant is notified to submit their passport for visa issuance.
Conclusion
Understanding the intricacies of administrative processing is crucial for applicants striving to effectively navigate the complexities of visa adjudications. It is vital for applicants to respond promptly to any requests for additional documentation and to exercise patience during security clearances, as these steps are fundamental to maintaining the integrity of the U.S. immigration system. By staying informed and prepared, applicants can lessen the impact of these delays and enhance their chances of obtaining a successful visa issuance. If you are currently experiencing administrative processing delays and require assistance, please feel free to reach out to me at cprescott@patellegal.com.