Court dismisses Iranian visa lawsuit

Hasan Najafi Khaboshan and Elnaz Yousefi, Iranian nationals living in Malaysia, brought the action to compel a decision on their immigrant visa applications.

After they sued, consular officers refused the applications under Section 212(f) of the Immigration and Nationality Act pursuant to Proclamation 10998, which suspends the entry of Iranian nationals into the United States.

The plaintiffs amended their petition to challenge the refusals and to add their newborn daughter, E.N.K., as a plaintiff.

The defendants moved to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).

Judge Sparkle L. Sooknanan granted the defendants’ motion and dismissed the case.

The court stated it is sympathetic to the plaintiffs’ claims and recognizes the harms caused by systemic delays in the visa-adjudication system.

Khaboshan filed a Form I-140 petition seeking classification as an EB-2 immigrant with a national interest waiver in August 2022.

The consular officer refused their applications under Section 221(g) and placed them in administrative processing.