A federal judge has denied a motion to dismiss a lawsuit filed by three foreign nationals against U.S. Secretary of State Marco Rubio, allowing their case over delayed visa processing to move forward. The plaintiffs had applied for EB-1A visas, a category reserved for individuals with “extraordinary ability.” They claim the U.S. government has unreasonably delayed their applications and asked the court to compel the State Department to issue final decisions.
The case — Lyazat Tolymbekova, et al. v. U.S. Secretary of State Marco Rubio, et al. — involves a Kazakh metallurgist, a Russian project manager, and a Russian makeup artist whose visa applications have remained in administrative processing for more than 16 months. Their petitions were placed under Section 221(g) of the Immigration and Nationality Act, which allows consular officers to temporarily refuse visas while requesting additional information. According to the plaintiffs, the prolonged delay has caused significant personal and professional harm. Tolymbekova said she has been separated from her U.S. citizen daughter, missing her college graduation and being unable to assist during a recent medical emergency. The other two plaintiffs say the uncertainty has forced them to pause career opportunities and postpone family plans.
The government argued that the court lacked jurisdiction under the doctrine of consular nonreviewability, which typically prevents courts from reviewing visa decisions made by consular officials. However, Magistrate Judge Zia M. Faruqui rejected that argument. He noted that a refusal under Section 221(g) is not considered a final decision because the State Department’s own guidance states that the application will be reconsidered once administrative processing concludes. Faruqui also dismissed the government’s claim of sovereign immunity, ruling that the Administrative Procedure Act allows lawsuits seeking injunctive relief. While the judge did not determine whether the delays were legally unreasonable, the decision allows the lawsuit to proceed and could eventually compel the State Department to issue final determinations on the applications.
