What is Administrative Processing?

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What is administrative processing? Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States and around the world. Since we’re talking about administrative processing out of our office here in St. Louis, Missouri. Administrative processing, it’s the bane of anybody who’s ever sponsored someone from overseas to come to the United States. It’s the bane of their existence. It’s the thing that they hate, the thing that drives them crazy, the thing that keeps them up at night, the thing that makes them sad. Administrative processing is a code word used by the State Department. It’s a catch all phrase, which basically means we’re sitting on our ass. We’re not doing anything on your case. Your case is sitting and we don’t feel like giving you the visa. That’s my God’s honest truth belief that administrative processing, while maybe perhaps back in the day, it was a real thing. Administrative processing as it exists today is nothing more than a cover for the State Department saying that they are working on your case and that you should just keep waiting.

Now, I’ve been talking to a lot of people lately about lawsuits, about delays, about suing the State Department and suing individual embassies for immigration delays, visa delays, and we always come back to administrative processing. In the old days they called it background check. Now they call it administrative processing, but really what it means is your case is just sitting back on the desk back there and nobody’s looking at it. Now, I suppose there are things that the state department does during the so-called administrative processing part of your case, but it has become an abused classification. It has become a joke really, administrative processing. So Hasam asks, “How do I end up in administrative processing? How do I get out of an administrative processing? What does it mean?”

Well, Hasam the unfortunate thing is nobody really knows how you get into it. Now, I do believe that they pick certain cases that they put into administrative processing. There’s not really a rhyme or reason to it and it’s their complete discretion as to whether or not to put a case into administrative processing. And going along with that, there’s no real way to get out of administrative processing. You can’t get them to take you out just because you want to. And generally they just want you to wait and keep taking it and keep taking it and keep taking and keep waiting for them to decide your case. And that they think that because they are overseas and because they are the US government that they can sit on a case in administrative processing forever. Well of course they can’t. And that’s why we sue them. And we’ve obviously got lots of videos about suing them to get out of administrative processing. And in my opinion, it’s the only way to get out of administrative processing.

You can’t beg them, you can’t ask your Senator to get you out of administrative processing. None of those things work. The only way to get out of administrative processing is to file a lawsuit against the State Department in Federal court and asking a federal judge who’s independent, who doesn’t work for the president, who isn’t part of the executive branch, who is appointed for life and has the ability if she wants to, to order the State Department to decide your case. So administrative processing is something that I know a lot of people search for on the web. There’s even a Facebook group about it and I know that a lot of people have expressed a lot of frustration to me and to our office about their loved one’s case being set in administrative processing and really it’s just a code word for delay.

You can’t beg them, you can’t ask your Senator to get you out of administrative processing. None of those things work. The only way to get out of administrative processing is to file a lawsuit against the State Department in Federal court and asking a federal judge who’s independent, who doesn’t work for the president, who isn’t part of the executive branch, who is appointed for life and has the ability if she wants to, to order the State Department to decide your case. So administrative processing is something that I know a lot of people search for on the web. There’s even a Facebook group about it and I know that a lot of people have expressed a lot of frustration to me and to our office about their loved one’s case being set in administrative processing and really it’s just a code word for delay.

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