Imagine your sister has an impressive resume, with an approved I-140, Immigrant Alien Worker Petition, and a national interest waiver. However, her visa case was held up by the government at the embassy and is listed as “visa denied” on the CEAC portal. It has been three months since the interview and you wonder: is there anything we can do?

 

The situation is frustrating. Although the petition was approved, after the interview, your sister was stuck in 221(g) processing. This means that her case is in limbo, supposedly for a background check. At first, everything seems normal, but over time, you wonder why she has not received the visa.

 

This problem has nothing to do with the person but with the bureaucratic process of the U.S. government. What can be done in this case? One option is to file a mandamus lawsuit to expedite the process and find out what is delaying the approval. It is recommended to wait at least 6 months, preferably 12, for the delay to be considered unreasonable.