Can You Speed Up a Delayed Consular Case?

Is your visa application stuck in the US embassy or consulate for months without any update? No single timeline applies to everyone. In every case, delays can be frustrating, especially when they place your legal status and family stability in jeopardy. 

The good news is that cases requiring urgent attention may qualify for expedited processing. To help you navigate the process more confidently, understand the steps and circumstances where you can speed up a delayed consular case. 

Overview of How Consular Processing Works

You will go through consular processing if you’re applying for an immigrant or nonimmigrant visa at a US consular post outside the United States. Understanding how it works can help you set realistic expectations and identify where the delay is happening. 

Each stage in the consular processing involves different causes of delay. Likewise, it comes with its own set of options, or lack thereof, for speeding up a case. Some delays are simply a routine part of the process and take time to complete. 

Both immigrant and nonimmigrant visa applications are subject to consular processing. However, these two routes vary in several important ways. 

Applying for an immigrant visa abroad

The process for an immigrant visa typically starts after the US Citizenship and Immigration Services (USCIS) approves the underlying petition. From there, the case moves to the National Visa Center (NVC), where you will pay the corresponding fees, submit the DS-260 (Immigrant Visa Electronic Application), and send in your supporting documents. 

Once completed, the NVC forwards your case to the US embassy or consulate holding jurisdiction over your place of residence. Next, you will attend an interview and, if approved, you will receive an immigrant visa for US permanent residency. 

Applying for a nonimmigrant visa abroad

Meanwhile, you can file the nonimmigrant visa application directly without the involvement of NVC. Then you can schedule an interview appointment at your designated embassy or consulate. When approved, you will receive a visa stamp in your passport that permits you to enter the US temporarily for the visa’s specific purpose, whether study, employment, or tourism. 

When You Can Speed Up a Delayed Consular Case

Whether and how you can take action largely depends on the case’s specific stage in the visa processing and the reason for the delay. Since immigrant visa applications pass through an additional review at the NVC before reaching the consulate, missing or incorrect documents at this stage can slow down the process. 

Nonimmigrant visa cases typically move more directly to the interview and don’t require an available visa number. Delays in these cases usually stem from appointment availability at the post. Considering the differences, identifying where your application is in the process is critical. 

If the delay is under the USCIS jurisdiction, you may be eligible to submit an expedite request. However, expedited processing only applies to limited circumstances that satisfy USCIS’s criteria, such as urgent humanitarian needs, severe financial hardship, or emergencies. Still, approval isn’t guaranteed. USCIS evaluates every case and requires the right documentation. 

Once your case is with NVC or the US embassy or consulate, you can no longer request expedited processing from USCIS. Instead, you can submit an expedite request directly to the NVC. But you have to wait for your case to become documentarily qualified. That means all the necessary documents and fees have been submitted and confirmed complete. 

Minimize Immigration Delays With the Right Legal Guidance

Getting your immigration application right at the first submission is one of the most effective delays to prevent unnecessary delays. With the right legal guidance, you can avoid common immigration mistakes that could add months to the anticipated processing timeline. 

A reliable Los Angeles immigration lawyer can also advise you on possible options to expedite your case when it’s stalled at the consulate with no end in sight. Call our legal team now to take the appropriate steps toward crafting a well-prepared application or resolving any delays you’re facing. 

FAQs on Can You Speed Up a Delayed Consular Case

Delays in consular cases are typically a result of a combination of circumstances. But commonly, an immigration case gets stuck in the US embassy or consulate due to one of the following reasons: 

  • Mandatory background checks
  • Missing or incomplete paperwork
  • Administrative processing
  • Failure to meet critical deadlines
  • Insufficient or improper evidence

It’s entirely at USCIS’s discretion to expedite a case. Hence, approval for an expedite request isn’t automatic. It depends on whether your case meets the specific criteria set by USCIS. If your expedite request is denied, your case continues under normal processing time. 

Administrative processing typically happens when your visa application needs additional review before a US consular officer makes a final decision. Most of these cases are resolved within 60 days, but some can take much longer. Although there’s no direct way to speed up administrative processing, you can minimize delays by responding quickly to any requests. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)