A federal judge has denied a motion to dismiss a lawsuit brought by three foreign nationals against U.S. Secretary of State Marco Rubio, allowing the case to move forward. The plaintiffs—a Kazakh metallurgist, a Russian project manager, and a Russian makeup artist—filed for EB-1A visas, which are reserved for individuals with “extraordinary abilities.” They argue that the government has unlawfully delayed processing their applications, which have been pending for over 16 months under § 221(g) of the Immigration and Nationality Act.
The plaintiffs claim that the prolonged delay has caused significant personal and professional hardships. One of them, Lyazat Tolymbekova, has been separated from her U.S. citizen daughter during major life events, including a college graduation and a medical crisis. The other two plaintiffs say their lives remain in limbo due to the uncertainty surrounding their visa status.
The State Department attempted to dismiss the case, citing the doctrine of consular nonreviewability, which generally shields visa decisions from court review. However, Magistrate Judge Zia M. Faruqui ruled that this doctrine does not apply because a § 221(g) refusal is not a final decision. He also rejected the government’s sovereign immunity claim, noting that the Administrative Procedure Act permits such lawsuits when plaintiffs seek injunctive relief rather than monetary damages.
Judge Faruqui stressed that the State Department has a clear legal duty to either approve or deny visa applications and must follow its own established procedures, as outlined under the Accardi doctrine. While he did not rule on whether the delay was “unreasonable,” his decision allows the case to move forward, potentially compelling the government to issue a final decision on the applications.
Meanwhile, Rubio, who also serves as National Security Advisor, remains active in foreign policy matters. In a recent CBS interview, he defended a U.S. airstrike on Iranian nuclear facilities, arguing that Iran’s intentions are clear regardless of whether formal orders to weaponize uranium have been issued. He stated that the presence of 60% enriched uranium and the development of missile technology strongly suggest nuclear ambitions.
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