UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TANIA CHOWDHURY, et al., Plaintiffs. v. Case No. 1:21-cv-1205-RCL ANTONY BLINKEN, in his official capacity as United States Secretary of State, Defendant. MEMORANDUM OPINION Plaintiffs Tania Chowdhury and Sakif Ahmed filed a complaint and petition for writ of mandamus to compel defendant Secretary of State Antony Blinken to adjudicate Ahmed’s immigrant visa application. Compl., ECF No. 1. Plaintiffs, a married couple, allege that the delay in processing Ahmed’s immigrant visa application is unreasonable. Compl. ¶ 5. Defendant moves to dismiss for failure to state a claim on which relief can be granted, arguing that the pace of Ahmed’s application process is not unreasonable as a matter of law. Def.’s Mot., ECF No. 4. Plaintiffs opposed, ECF No. 5, and defendant replied, ECF No. 6. After reviewing these motions, the complaint, and the facts of this case, this court will GRANT defendant’s motion to dismiss on both the Administrative Procedure Act claim and a mandamus claim. I. BACKGROUND A U.S. citizen or legal permanent resident (a “petitioner”) who desires to bring his or her foreign national spouse (a “beneficiary”) to the United States must first file a Form I-130 with the United States Citizenship and Immigration Services (“USCIS”). See 8 U.S.C. § 1154; 8 C.F.R. § 204.1(a)(1). After USCIS verifies that the petitioner is a citizen or legal permanent resident and 1 that a qualifying relationship with the beneficiary exists, the petition is sent to the National Visa Center (“NVC”), the Department of State processing center. 8 C.F.R. § 204.2(a)(3). When the NVC receives a USCIS-approved petition, it must send the beneficiary a welcome letter “notifying the beneficiary of receipt of the petition and advising them what steps, if any, to take in applying for a visa.” 9 Foreign Affairs Manual (“FAM”) 504.1–2(a)(1). These steps include submitting a DS-260 form. 9 FAM 504.1(b)(2). Once the required steps are finished, the beneficiary is considered “documentarily complete” and “an IV number can be allotted (if necessary) and an [interview] appointment scheduled.” 9 FAM 504.1(b). This statutorily required interview is scheduled at an overseas consular post. 22 C.F.R.§ 42.62 (b). Plaintiff Tania Chowdhury is a permanent legal resident of the United States. Compl. ¶ 3. Seeking to bring her husband Sakif Ahmed, a national of Bangladesh, to the United States, she filed the required I-130 petition on May 10, 2019. Id. ¶ 47. USCIS approved her petition and forwarded it to the NVC. Id. ¶ 40. Chowdhury received a welcome letter from USCIS on February 26, 2020, and on March 27, 2020, plaintiffs were notified that the NVC had received the approved petition. Id. ¶¶ 40, 50. Plaintiffs promptly submitted the necessary forms and fees, including the DS-260, and on August 3, 2020, the NVC notified plaintiffs that it had received all forms necessary. Id. ¶ 51. At that point, Ahmed became documentarily complete. But since August 3, 2020, despite Chowdhury sending multiple expedition requests, no interview appointment has been set. Id. ¶¶ 51–57. Because …
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