F-1 Visa Stuck in Admin Processing? Court Dismissed Her Case
Mitra Vahida, a dual citizen of Finland and Iran, waited more than 18 months for a decision on her F-1 student visa after a US Embassy interview — then sued the State Department to force a ruling. In October 2026, a federal court in Washington, DC dismissed her case, finding it lacked jurisdiction to compel consular action. The decision is a stark reminder of how little legal recourse visa applicants have when their cases stall in administrative processing.
You applied for your F-1 student visa, completed the interview, submitted every form they asked for — and then nothing. Months passed. Your program start date came and went. That is exactly what happened to Mitra Vahida, a dual citizen of Finland and Iran who applied for an F-1 visa (a nonimmigrant visa that lets you study full-time at a US university) to pursue a doctorate in electrical engineering at the University of Arizona. In October 2026, a federal judge in Washington, DC dismissed her lawsuit against the State Department after her application sat in administrative processing for over 18 months.
What happened in this case
Vahida submitted her visa application to the US Embassy in Helsinki in March 2025. At her April 2025 interview, a consular officer refused the application under Section 221(g) of the Immigration and Nationality Act — a temporary refusal that places the case in "administrative processing" while the government gathers more information. The embassy also asked Vahida to fill out Form DS-5535, a supplemental questionnaire about her field of study and travel history. She answered promptly. Her online status has shown "Refused" ever since, with a note that a second round of adjudication would follow once processing was complete. It never came. Vahida alleged the delay was partly caused by the government's failure to complete a Security Advisory Opinion, a review required for many Iranian nationals applying for US visas.
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Vahida sued the Assistant Secretary of State for Consular Affairs and Secretary of State Marco Rubio under the Administrative Procedure Act and the Mandamus Act, asking the court to order the government to finish processing her application within 30 days. The government moved to dismiss, arguing — among other things — that courts cannot review consular visa decisions (a legal principle called "consular nonreviewability") and that Vahida had not identified a specific legal duty the government violated. The US District Court for the District of Columbia granted the government's motion and dismissed the complaint.
Why this matters for your visa application
This ruling is a warning for anyone whose student visa — or any nonimmigrant visa — is stuck in administrative processing. Courts in the DC Circuit have repeatedly found it difficult to compel the State Department to act on delayed visa cases, especially when the application is formally listed as "refused" under Section 221(g). The consular nonreviewability doctrine gives consular officers broad, largely unreviewable authority over visa decisions. That does not mean suing is never an option, but it does mean the legal bar is high — and a lawsuit alone is unlikely to force a decision.
What to do
- Check your visa status regularly on the Consular Electronic Application Center website. If it shows "Refused" with a note about administrative processing, your case is still technically pending a second adjudication — it has not been permanently denied.
- Submit a status inquiry to the specific embassy or consulate where you interviewed. Keep a written record of every inquiry and every response you receive.
- If you were asked to complete Form DS-5535, make sure you submitted all requested documents and follow up to confirm the embassy received them.
- Immigration lawyers recommend consulting an attorney before filing any lawsuit over a visa delay — courts have consistently dismissed these cases unless the applicant can show a specific legal duty the government violated, which is very hard to prove.
A full breakdown of this topic — in our guide “Immigration Court Rulings”.
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When a visa is refused under INA Section 221(g) and placed in administrative processing, applicants have very few legal tools to force a decision — the consular nonreviewability doctrine blocks most court challenges. If you are an Iranian national or from another country subject to Security Advisory Opinion requirements, delays of 12 to 24 months are not uncommon, and a lawsuit is rarely the right first move. Before filing anything in federal court, speak with an immigration attorney who handles consular processing cases to assess whether your specific facts could survive a motion to dismiss.
Frequently Asked Questions
What does 'refused under Section 221(g)' actually mean?
It means the consular officer could not approve your visa at the interview — usually because more information or a background check is needed. It is not a permanent denial. Your case goes into 'administrative processing,' and you should receive a second decision once that review is complete. Your online status will show 'Refused' during this time, which is confusing but normal.
Can I sue the State Department if my visa has been in processing for over a year?
You can file a lawsuit, but courts have dismissed most of these cases. The main obstacles are the consular nonreviewability doctrine — which gives consular officers broad authority courts generally will not second-guess — and the requirement to show the government violated a specific legal duty. The Vahida case, dismissed in October 2026, is one of many examples. Talk to an immigration attorney before filing.
What is Form DS-5535 and do I have to fill it out?
Form DS-5535 is a supplemental questionnaire the State Department can send to visa applicants who need additional screening. It asks about your travel history, employment, and other background details. You are not legally required to complete it, but refusing to do so will almost certainly result in a permanent denial. Answer it fully and keep a copy of everything you submit.
Does this court ruling change anything for other F-1 visa applicants?
It reinforces an existing pattern: federal courts in DC have consistently declined to order the State Department to speed up visa processing. It does not create new law, but it confirms that suing over a delay is an uphill battle. If your F-1 visa is stuck, your best options are persistent embassy inquiries, working with your university's international student office, and consulting an immigration attorney.