A federal judge has refused to dismiss a lawsuit filed by three foreign nationals against U.S. Secretary of State Marco Rubio, allowing the case to proceed and requiring the State Department to move toward a final decision on their visa applications.The plaintiffs applied for EB-1A visas, a category reserved for individuals who demonstrate “extraordinary ability” in fields such as science, business, or the arts. However, their applications have remained in administrative processing for more than 16 months. The case—Lyazat Tolymbekova et al. v. U.S. Secretary of State Marco Rubio et al.—involves a metallurgist from Kazakhstan, a Russian project manager, and a Russian makeup artist. Their petitions were placed under Section 221(g) of the Immigration and Nationality Act, which allows consular officers to temporarily refuse a visa while requesting additional information.
The plaintiffs argue that the extended delay has caused serious personal and professional difficulties. Tolymbekova says she has been separated from her U.S. citizen daughter, missing important family milestones and being unable to assist during a medical emergency. The other applicants say the uncertainty has forced them to postpone career opportunities and family plans.The government asked the court to dismiss the case, claiming that visa decisions made by consular officers are generally protected from judicial review. But Magistrate Judge Zia M. Faruqui ruled that the doctrine of consular nonreviewability applies only to final decisions, and a Section 221(g) refusal is not considered final.
The judge also rejected the government’s sovereign immunity argument, stating that the Administrative Procedure Act allows lawsuits seeking court orders rather than financial damages. While the court has not yet determined whether the delay was unreasonable, the decision allows the case to move forward and could eventually compel the State Department to issue a final ruling on the visa applications.
