M+ K Shareholder Anna Gallagher represents a number of individuals around the world whose visa applications remain pending for long periods of time due to what is known as administrative processing. Where a visa application results in a hit in a one of the many US government databases, a consular post may ask the Department of State in Washington, D.C. for what is known as a Security Advisory Opinion to request clearance in order to adjudicate the application. This clearance process is often referred to as administrative processing and can remain pending for months or even years. Ms. Gallagher's article, explaining this process is available here.
There is little transparency or information available on administrative processing. Given our firm’s ongoing commitment to shine a light on this process and better represent individuals waiting long periods of time to unite with family members or to begin work with sponsoring employers in the United States, Maggio + Kattar has teamed up with the Pennsylvania State University Dickinson School of Law’s Center for Immigrant’s Rights to file a Freedom of Information Act (FOIA) request with the Department of State. We will request detailed information on the process, including any guidance used by the government in completing the process. In the interim, the Center for Immigrants’ Rights and our firm have prepared Frequently Asked Questions (FAQs) to provide helpful information to those individuals undergoing administrative process and to their family members or employers. For more information on this issue, please feel free to contact Anna herself at [email protected].