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Opposition to motion to dismiss in O-1A delay case

Updated: Author: Alina Kanametova

Reference Guides 86 pages Anonymized Access on request

Plaintiffs’ response opposing defendants’ motion to dismiss in a D.C. district court case over delayed O-1A and O-3 visa processing. It says the principal…

O-1 After filing Consular / NVC

About this document

Plaintiffs’ response opposing defendants’ motion to dismiss in a D.C. district court case over delayed O-1A and O-3 visa processing. It says the principal applicant and derivative applicants completed the required steps, were interviewed, and then were placed into section 221(g) administrative processing for over 19 months. The filing argues the claims concern failure to complete final adjudication, not re-adjudication.

Key points

  • Opposes dismissal under Fed. R. Civ. P. 12(b)(1) and 12(b)(6).
  • Concerns a pending O-1A NIV for the principal applicant and O-3 NIVs for the derivative applicants.
  • Says USCIS approved the I-129 petition before consular processing.
  • States the applicants filed DS-160s, paid fees, and attended a consular interview.
  • After interview, the principal applicant received a section 221(g) non-final administrative processing notice.
  • Alleges final processing has been delayed for over 19 months without explanation.
  • Argues defendants have a nondiscretionary duty to adjudicate visa applications within a reasonable time.
  • Contends the complaint is about delay in final adjudication, not re-adjudication of the visa.

What is inside

  1. Introduction
  2. Background
  3. Legal Standard
  4. Argument
  5. Conclusion

When it helps

Serves as a merits brief opposing dismissal in a visa-delay lawsuit. It is used to frame the case as an unreasonable-delay and nondiscretionary-duty dispute over final adjudication after consular interview and section 221(g) processing.

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