Federal Judge Refuses To Dismiss Lawsuit Against Rubio

Their applications were placed under § 221(g) of the Immigration and Nationality Act, which permits consular officers to deny visas pending additional information.

The plaintiffs contend that the prolonged delay has imposed severe personal and professional hardships. Lyazat Tolymbekova, for instance, has been separated from her U.S. citizen daughter, missing her college graduation and being unable to support her during a medical crisis.

The other plaintiffs said the uncertainty surrounding their applications has forced them to put both careers and family plans on hold.

In its motion to dismiss, the government argued that the court lacked jurisdiction under the doctrine of consular nonreviewability, which generally shields a consular officer’s final visa decision from judicial scrutiny.