| Individuals applying for an immigrant visa may find that | | | | petition may assist the officer in making a definitive |
| their cases have been placed in Administrative | | | | decision in the case. |
| Processing for one reason or another. They are | | | | Administrative processing is a state of flux that leaves |
| neither denied nor approved as additional time may be | | | | a visa applicant frustrated and confused as there is no |
| needed to make a determinative response in the case. | | | | definitive guidelines as to what the immigration issues |
| This decision is made after the visa applicant's | | | | are and whether the applicants can do anything to |
| interview by a consular officer. Most administrative | | | | compel the proper agency to respond. Additionally, it is |
| processing is resolved within 60 days of the visa | | | | within the discretion of the interviewing consular officer |
| interview, however, when placed in administrative | | | | to place a visa case in further administrative |
| processing, the timing will vary based on individual | | | | processing as the Foreign Affairs Manual (FAM) |
| circumstances of each case. | | | | provides ample guidance for officers to exercise this |
| In immigrant visa cases such as the K1 fiance visa, a | | | | power based on their factual finding. |
| consular officer may conclude at the end of the | | | | Whether the case is outright denied or placed in |
| interview that there is simply insufficient evidence to | | | | administrative processing, a visa denial applicant should |
| approve the case. The reason may be that new | | | | consult with a competent immigration attorney to |
| evidence was discovered during the interview that | | | | review the case and provide the best course of action |
| raised a red flag, or an administrative discrepancy to | | | | based on the applicant's unique sets of facts. Consular |
| warrant a secondary review. A visa case requiring | | | | processing attorneys are in a highly advantageous |
| additional administrative processing may take months | | | | position to assist since they are able to inquire directly |
| to conclude, however, in this writer's experience, | | | | with the consulate and embassy where the applicant's |
| providing additional compelling evidence of the bona | | | | case was denied. |
| fides of the applicant's relationship to the American | | | | |