Court Dismisses Visa Delay Lawsuit After 28 Months in Processing
A federal court in Washington, DC, dismissed Timofey Sluev's lawsuit against Secretary of State Marco Rubio in October 2026, ruling that 28 months in visa administrative processing was not long enough to be "unreasonable" under federal law. The decision shows that courts rarely force the State Department to act unless a visa has been stuck for five years or more. For thousands of applicants waiting on family reunification visas, the ruling sets a sobering benchmark.
A federal judge in Washington, DC, dismissed a visa delay lawsuit in October 2026, ruling that 28 months stuck in administrative processing was not long enough to force the State Department to act. The case, Sluev v. Rubio, shows how hard it is to win these lawsuits — even when your visa has been sitting untouched for over two years.
What the court decided — and why it matters for your family reunification visa
Timofey Sluev filed a lawsuit asking the court to compel the State Department to make a decision on his visa application, which entered administrative processing on June 26, 2024. The court used a legal test called the TRAC factors — six criteria courts use to decide whether a government agency has taken too long. Judge Amit Mehta found that most of those factors favored the government. There is no law that sets a hard deadline for visa decisions, and the court noted that Congress gave agencies wide discretion in immigration processing. The 180-day target written into federal law (8 U.S.C. § 1571(b)) was described by the DC Circuit as an "aspirational statement" — not an enforceable deadline.
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The court also looked at how long other courts have considered "too long." District courts in DC have generally found delays of five, six, or seven years unreasonable, while delays of three to five years often are not. At 28 months, Sluev's wait fell well within what courts consider acceptable. The ruling does not mean the State Department is doing nothing wrong — it means the delay has not yet crossed the legal threshold that would force a judge to intervene.
This is the second ruling in this case. In February 2026, the same court refused to dismiss the lawsuit entirely, finding that the government's earlier arguments — including a doctrine called "consular nonreviewability," which limits court review of visa decisions — did not automatically block Sluev's claims. But the October 2026 ruling ended the case on the merits, granting the government's motion for judgment on the pleadings.
What to do
- If your visa is stuck in administrative processing, document every date carefully: when you applied, when it was refused or placed in processing, and every communication with the consulate.
- Talk to an immigration lawyer before filing a lawsuit. Courts have dismissed cases involving delays shorter than five years, and litigation is expensive with no guaranteed outcome.
- Ask your congressional representative's office to make a congressional inquiry on your behalf — this is free, requires no lawsuit, and sometimes prompts a response from the State Department.
- Check the State Department's travel.state.gov website for any updates on administrative processing timelines for your visa category and country.
A full breakdown of this topic — in our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
The TRAC framework gives the government a lot of runway, especially when there is no congressional deadline. Courts in DC have consistently held that delays under five years rarely meet the 'unreasonable' threshold, so filing suit before that point is a high-risk, high-cost strategy. That said, the third TRAC factor — human health and welfare — can sometimes tip the analysis if you can document serious hardship caused by the delay, so gather that evidence now and speak with an attorney before deciding whether to litigate.
Frequently Asked Questions
How long does a visa have to be delayed before a court will force a decision?
Courts in Washington, DC, have generally found delays of five, six, or seven years unreasonable. Delays of three to five years are often not enough. The Sluev case shows that 28 months — about two and a half years — was not sufficient to win in court.
Does the 180-day processing target in federal law mean anything?
Not much in court. The DC Circuit has called the 180-day goal in 8 U.S.C. § 1571(b) an 'aspirational statement,' not a hard deadline. A judge will use it as a reference point but will not automatically rule in your favor just because the government missed it.
What is 'administrative processing' and why does it take so long?
Administrative processing usually means the consulate needs additional security or background checks before it can approve your visa. The State Department does not publish exact timelines, and the process is not strictly first-come, first-served. Some cases take months; others take years.
Can I do anything besides filing a lawsuit to speed up my visa?
Yes. You can ask your US senator's or representative's office to submit a congressional inquiry to the State Department on your behalf — this is free and sometimes prompts a faster response. You can also contact the consulate directly and, if you have urgent humanitarian circumstances, request expedited processing.