Visa Stuck in Administrative Processing? How to End the Delay with a Mandamus Lawsuit

You went to your U.S. visa interview expecting a decision, but instead, you were told your case was going into administrative processing under Section 221(g). Days turned into weeks, and weeks into months. When you check your visa case status on the CEAC website, it just says: "Refused." ​If this sounds familiar, you’re not alone. Many visa applicants experience long 221(g) administrative processing delays, often without a clear reason. The good news: you are not stuck forever — and there are ways to take control of your case.

In this article, we’ll explain what administrative processing is, why “Refused” doesn’t always mean denied, when you can follow up with the embassy, and how a mandamus lawsuit can be a powerful tool to get your case moving again.

1. What Is 221(g) and Administrative Processing?
When a U.S. consular officer cannot approve your visa at the end of your interview, they may issue a 221(g) refusal notice under the Immigration and Nationality Act. This means your application requires additional review before a final decision is made — commonly called administrative processing.
Administrative processing may involve one or more of the following:

• Security and background screening
• Document verification
• Technology Alert List (TAL) review
• Clearance from other U.S. agencies (e.g., FBI, DHS)

While routine in some cases, administrative processing can cause severe visa delays, sometimes lasting months or even years, especially for applicants from certain countries or professional backgrounds.

2. “Refused” Status Doesn’t Always Mean Denied
One of the most confusing parts of visa administrative processing is the online CEAC status update. Seeing “Refused” after your interview often causes panic — but in most 221(g) cases, this is not a final denial. Instead, “Refused” is a placeholder status used by the Department of State to indicate that your visa has not yet been issued. Unless you’ve been told your visa was denied under another legal section (like 214(b) or 212), your case is still pending.

3. When and How to Follow Up with the U.S. Embassy
While in administrative processing, most U.S. embassies discourage applicants from contacting them too soon. According to Department of State guidance, you should:

• Wait at least 180 days (6 months) before your first inquiry
• After that, follow up once a month
• Include your full name, case number, passport number, and date of birth
• Keep records of all communication

If your case has been in administrative processing for over a year, it’s time to explore stronger legal options.

4. You’re Not Stuck Forever — A Legal Option to Break the Delay
Many applicants believe that once their visa is in administrative processing, they have no choice but to wait. That’s not true. You have the right to take legal action to compel the government to make a decision. One powerful and effective option is a mandamus lawsuit. A mandamus lawsuit is a federal court action that asks a judge to order the U.S. government — such as the Department of State — to take action on your delayed visa case.

It is Not Endless Litigation:
Once filed, the government has 60 days to respond. In most cases, they do not want to go through with full litigation, so they work to resolve the delay before their court deadline. Often, we see progress toward the end of that 60-day window — such as the embassy requesting updated documents, scheduling a new medical exam, or issuing the visa — because the government would rather moot out the lawsuit than continue fighting it in court. That said, in recent years, there has been an uptick in Motions to Dismiss (MTDs) filed by the government. This is mainly because there are now more delays across many visa categories, and the government is facing a higher volume of mandamus cases.

At ImmigraTrust Law, we evaluate each case carefully before recommending mandamus. We look at:

• The type of visa involved
• Where the petitioner lives in the U.S. (court district speed can vary)
• How long the case has been pending
• The embassy’s track record and your personal case history to determine the benefits of a mandamus lawsuit in your case

We will give you a realistic assessment based on our many years of experience handling visa delay litigation. If we believe there is a higher likelihood that the government might file an MTD and extend the litigation, we will let you know what to expect — including the likelihood of success and our honest recommendation on whether mandamus is worth pursuing.
We only recommend mandamus in cases where the facts, timeline, and court jurisdiction make it a strong option for pushing the case forward.

Mandamus cannot force visa approval — but it can force the government to stop the delay and make a decision.

5. Why Mandamus Works for Visa Delays
Once a mandamus lawsuit is filed:

• The government must respond within 60 days
• The embassy may reopen and review your file
• You could be asked for updated medical exams
• Additional documents or a second interview may be requested
• You gain a Department of Justice attorney contact for your case

For many clients, this is the first real progress after months or years of waiting.

6. Mandamus Will Not Harm Your Visa Case
Some applicants worry that suing the government will cause retaliation or a denial. This is a myth. Filing mandamus is your legal right, and the government cannot punish you for using it. While Motions to Dismiss (MTDs) are sometimes filed by the government, they are a routine part of the process — not a sign that your case is weak. Mandamus remains one of the most effective legal tools for long-pending 221(g) administrative processing cases.

7. Why This Matters
Administrative processing delays can separate families, disrupt careers, and cause years of uncertainty. A mandamus lawsuit is not just a legal tactic — it’s a way to take control of your case and move it toward a decision. While it has costs, the price of waiting indefinitely is often far greater. If you’ve been waiting over 12 months with no meaningful update, mandamus may be the solution you’ve been searching for.

✨ Get Help from ImmigraTrust Law
At ImmigraTrust Law, we help clients around the world fight unreasonable visa delays. Whether your case has been stuck for months or years, we can evaluate your situation and build a legal strategy to get results.

📞 Schedule Your Free Introductory Call:
www.immigratrust.com

📍 Based in the U.S., serving clients worldwide

You have rights. You have options. You don’t have to keep waiting.

​Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.