😔Federal Judge Refuses To Dismiss Lawsuit Against Rubio

A federal judge has declined to dismiss a lawsuit brought by three foreign nationals against U.S. Secretary of State Marco Rubio, allowing their case over delayed EB-1A visa applications to move forward. The plaintiffs—a metallurgist from Kazakhstan, a project manager from Russia, and a Russian makeup artist—say their visa cases have been stalled for more than 16 months.

The EB-1A visa category is reserved for individuals with “extraordinary ability” in their fields. Their applications remain in administrative processing under Section 221(g) of the Immigration and Nationality Act, which allows consular officers to temporarily refuse visas while conducting additional review.

The plaintiffs argue the delays have had serious personal and professional consequences. One applicant, Lyazat Tolymbekova, says the delay has kept her separated from her U.S. citizen daughter and caused her to miss major family milestones.The government sought dismissal, citing consular nonreviewability and sovereign immunity. But Magistrate Judge Zia M. Faruqui ruled a 221(g) refusal is not a final decision and said the Administrative Procedure Act allows such lawsuits to proceed.