Court Dismisses Visa Delay Lawsuit: What It Means for You
Nazanin Jahani, an Iranian-born citizen of Norway, waited months for a decision on her immigrant visa after the U.S. consulate refused it and placed it in "administrative processing." She sued the State Department to force action. In September 2026, a federal judge in Washington, D.C. dismissed her case — ruling that courts have no power to compel the government to act once a visa has been refused under this process.
What if your immigrant visa has been refused and stuck in "administrative processing" for months — can a federal court force the government to act? A U.S. District Court in Washington, D.C. answered that question on September 30, 2026: no, it cannot. Judge Carl J. Nichols dismissed the lawsuit filed by Nazanin Jahani, an Iranian-born Norwegian citizen whose immigrant visa application was refused under Section 221(g) of the Immigration and Nationality Act (INA) and then placed into administrative processing — a status that means the refusal stands but may be reversed if new information comes in.
What the court actually decided
Jahani sued the State Department, arguing the government was unreasonably delaying a final decision on her visa. The court disagreed. Relying on a 2024 D.C. Circuit ruling in Karimova v. Abate, Judge Nichols held that a Section 221(g) refusal followed by administrative processing already counts as a legal decision — specifically, a decision to exclude. Because that decision was already made, the government has no further legal duty to act, and no court order can compel it to do so. The court also noted that the consular nonreviewability doctrine — a longstanding rule that courts cannot second-guess a consular officer's decision to admit or exclude a noncitizen — likely applies here as well, though it did not need to decide that point to dismiss the case.
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The ruling matters beyond Jahani's case. Dozens of similar lawsuits have been filed in recent years by visa applicants — many of them from countries subject to heavy security screening, such as Iran — who are stuck in administrative processing with no timeline and no explanation. Courts in the D.C. district had previously split on whether applicants could sue to force action. The Karimova decision, and now this ruling, signal that federal courts are closing that door. If your visa is in administrative processing after a Section 221(g) refusal, a lawsuit demanding faster action is unlikely to succeed under current case law.
What to do
- Check your visa status on the State Department's Consular Electronic Application Center (CEAC) website. If it shows "Refused — Administrative Processing," your case is still open and the refusal is not necessarily final.
- Gather any new documents or information that could address the reason for the refusal — security-related or otherwise — and work with an immigration lawyer to submit them to the consulate proactively.
- Do not assume silence means denial. Administrative processing can last months or years, but the consulate can still approve the visa if new information resolves the issue.
- If you have a U.S. citizen or lawful permanent resident family member who filed an immigrant petition (Form I-130) on your behalf, ask an immigration lawyer whether any alternative paths — such as a different visa category — may be available.
Related: our step-by-step guide — “Immigration Court Rulings”.
Fishkin Law Firm, New York
This ruling confirms what immigration attorneys have seen building in D.C. courts since the Karimova decision: suing to compel action on an administratively processed visa is a losing strategy right now. If you are in this situation, your energy is better spent on a proactive written inquiry to the consulate through your attorney, documenting any changed circumstances or new evidence. Consult an immigration attorney before taking any steps — including withdrawing a petition — because some actions can permanently close options that are still technically open.
Frequently Asked Questions
What does 'administrative processing' mean after a Section 221(g) refusal?
It means the consular officer officially refused your visa, but left the door open. The refusal may be reversed if you provide new information. Your case is not permanently closed, but there is no legal deadline for the government to make a new decision.
Can I sue the government to speed up my visa decision?
Under current case law in the D.C. federal courts, almost certainly not. The September 2026 ruling in Jahani's case — following the 2024 Karimova decision — held that courts cannot order the government to act once a visa has been refused and placed in administrative processing.
Does this ruling affect my green card application or family petition?
Not directly. This ruling applies specifically to immigrant visa applications refused under Section 221(g) and placed in administrative processing at a U.S. consulate abroad. Green card applications filed inside the U.S. (called adjustment of status) follow a different process and different rules.
What can I actually do if my visa is stuck in administrative processing?
Lawyers recommend submitting new supporting documents to the consulate that address the likely reason for the refusal, and following up in writing through an attorney. You can also ask your U.S. congressional representative's office to make a humanitarian inquiry on your behalf — this does not guarantee results but can sometimes prompt a status update.