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ResourcesVisa & Immigration LawUS Immigration LawK-1, K-3, CR-1, and IR-1 Visas: What Is "Administrative Processing"?

K-1, K-3, CR-1, and IR-1 Visas: What Is "Administrative Processing"?

Transcript of the above video: 

As the title of this video suggests, we are discussing K-1 Fiancé(e) Visas, K-3 Marriage Visas as well as CR-1 and IR-1 Spousal Visas, Immigrant Spousal Visas specifically, and then we are also talking about this concept of what is called Administrative Processing. Now to be clear, let me preface this video by saying, we are currently sitting here amidst Trump's Immigrant Spouse Visa pause or Immigrant Visa pause, where they're saying, "oh we're retooling the way that we ascertain whether or not someone might become a Public Charge in the United States, i.e. a possible welfare recipient so we are not going to issue the Visa until this pause is over." Which I'm starting to wonder if this is going to be an indefinite pause for the rest of this Administration, or if they really are acting in good faith and they are trying to come up with a new framework and they just haven't gotten around to it yet? Hard to say. 

That said, what is Administrative Processing? Well Administrative Processing is basically a bureaucratic term which means we are not going to issue the Visa until we feel like it; we're still reviewing the case is basically what they're saying. 

Many of the emails I get back from the Embassy when I'm dealing with cases where they say it's in Administrative Processing, are really frustrating. For example, recently we had an I-601 Waiver approved and then we sent it back to the Embassy and say, "hey this has been approved; we need to proceed." Oh well, it's in Administrative Processing now; it's a mandatory - and I kept responding to the Embassy, "hey, Administrative Processing of what? We've seen an I-601 Waiver approved on this. What more oversight, what more scrutiny needs to be done? What more clarification is there"? Now to their credit - it took them a couple of months - but they are proceeding and they have gone through other Consular Processing aspects in the aftermath of that 601. 

But long story short, what I am talking about here and what I am trying to define for people is if they are out there searching for the term Administrative Processing, it basically means your case is just under a sort of bureaucratic review and they will get around to it whenever they feel like it is basically what they are saying. Now that said, if you are dealing with a lawyer or you are doing it on your own, you may have to end up - through the lawyer or on your own - essentially have to keep kind of poking them until some kind of further action occurs, because it's been my experience that when they put something in Administrative Processing, it kind of can be like a black hole. So I've gotten many cases out of Admin. Processing over the years in my capacity as an Attorney in matters pertaining to Consular Processing of US Immigration documentation, it's not impossible to get it out of there, but you really don't want to go into Admin. Processing if you can at all avoid it. 

That being said, we are seeing case progression even after Administrative Processing through the US Embassy here in Thailand, so I am rather optimistic that we are not going to see this overly used that often. That said, again amidst Trump's Visa “pause”, we are seeing 221(g)s being used to refuse visas pending further documentation. And then the question becomes at what point can further documentation be presented? So there are many tools in the toolbox of Consular Officers to basically stall or slow down a case, especially under this Administration. It remains to be seen how all of this plays out so we will certainly be keeping folks updated on this