What is administrative processing?
In order for many individuals to enter the U.S., they will first need to obtain an actual visa from the U.S. consulate outside of the U.S. by their home. In addition to ensuring that an individual meets all of the legal requirements for the specific visa sought, consular officers have discretion to require additional security clearances before approving visa applications. When additional time is needed, the consular office will place an application in a process referenced as “administrative processing,” which is often code for more security clearance. Should your application be subject to this security clearance, you may be asked to provide additional information and there will be a delay in processing your application. If an officer places your application under administrative processing, your visa application cannot be approved until the security clearance is complete. This could be just a few days, or a few months.
What circumstances trigger administrative processing?
Applicants are often randomly selected for administrative processing, regardless of their individual circumstances. However, there are a number of triggers for administrative processing. These include, but are not limited to, the following:
- Citizenship, nationality, or country of birth
- Visa applicants who are nationals of certain countries with which the U.S. has security concerns are often selected for administrative processing. Applicants from countries determined by the Department of State to be “state sponsors of terrorism” are always subjected to administration processing (e.g., Cuba, North Korea, Iran, and Syria).
- Study, work experience, or research in a STEM field
- Criminal history
- Prior visa overstays or violations
How long does administrative processing take?
The typical delay period for administrative processing varies from a few days to a few weeks (typically, 4 to 8 weeks). Occasionally, it can last for several months, or even over a year. This is due to how much additional information and review the office requires to satisfy the additional clearance. Sometimes the work requires working with another government agency.
What should I do if my application is placed in administrative processing?
If your application is subject to administrative processing, you should confirm with the consular officer the current wait time and the process to check the status of this security check. If the consular officer has requested additional information or documentation, you should provide a complete response as soon as possible.
Should your application remain pending longer than the anticipated wait time (usually 60 days), you may be permitted to inquire as to the status of your application. Applicants can also contact their local congressional representative’s office for assistance. Congressional representatives can inquire as to the application status of their constituents.
Please note that any inquiry, even if placed by an attorney or a congressional representative’s office, does not guarantee that the consulate will adjudicate your application in a timely manner.
Can I expedite administrative processing?
There is no mechanism to expedite the process. Occasionally, a consulate will make an exception if the applicant’s situation presents a unique hardship (an extreme humanitarian concern, urgent business need, etc.). These exceptions are seldom granted and the applicant must provide evidence of the hardship.
The above information has been provided for educational purposes only by Clark Lau LLC Senior Associate Molly O'Shea. To determine who the above applies to your particular situation, please check with the legal team at Clark Lau LLC.