EXCLUSIVE: Nigerian politician, who wants to ‘japa’, sues US government for visa denial

In June 2023, Abubakar Giza, a Nigerian politician planning to relocate to the United States with his family, sued the US government following a prolonged wait for a final decision on the temporary denial of his visa application. However, court records obtained by PREMIUM TIMES reveal that on 27 August, a US District Court in Washington DC, dismissed the suit.

Mr Giza, a notable member of the ruling All Progressives Congress (APC) in Nasarawa State, North-central Nigeria, had his EB-5 visa application temporarily refused and further subjected to an administrative process.

The EB-5 visa programme allows non-citizens to migrate to the US by investing substantial capital in a new commercial enterprise that creates at least 10 full-time jobs.

Angered by the US government’s action, Mr Giza filed a lawsuit against Secretary of State Antony Blinken and US Consul General to Nigeria Will Stevens in their official capacities. The suit challenged the decision of the US Consulate General in Lagos to refuse his application and place his family’s applications on “administrative processing” for months.

However, District Judge Christopher Cooper dismissed Mr Giza’s case, citing failure to prove that the administrative processing was delayed unreasonably.

According to the district court, administrative processing generally means that additional information is needed before a consular officer can determine whether an applicant is qualified for the visa for which he or she has applied.

Background

Open-source details show that Giza, who holds the traditional title, Chiroman Giza in Giza, Keana Local Government Area of Nasarawa State, ventured into politics after retiring as a federal civil servant.

Recently, various interest groups have started promoting him to run for governor of Nasarawa State, in 2027.

In 2015, Mr GIza filed a Form I-526 petition with the United States Citizenship and Immigration Services (USCIS) to be classified as an “approved investor” eligible for an EB-5 visa.

This visa category is available to individuals who make a significant capital investment in a new commercial enterprise that “will benefit the United States economy by creating full-time employment for not fewer than 10 US citizens, nationals or certain other residents.

In June 2022, the USCIS approved USCIS approved the Gizas’ Form I-526 petition and forwarded the family’s visa applications covering Mr Giza, his wife, Kande, and their children – Abba, Zainab, and S.A.G – to the State Department’s National Visa Centre for processing. The documents were sent to the United States Consulate General in Lagos for further processing.

In February 2023, the entire family appeared before the consulate in Lagos for an interview. The two eldest children of the family, Abba and Zainab, both studied and worked in the United States at Texas Southern University, where the youngest child, S.A.G., was admitted. Abba and Zainab flew to Nigeria from the US for an interview on 15 February 2023 in Lagos.

The interviewing officer collected the Gizas’ passports and reportedly said their applications “would be approved” and their visas issued “within four weeks.”

However, in the judgement, the court cited a record saying Mr Giza was “informed of the refusal of his application on 15 February 2023”—the day of the interview. It noted further that on 20 March 2023, the visa officer placed Mr Giza’s visa application in administrative processing.

The family stated in court that “their visa requests are predicated on Mr Giza’s investments in the United States, and their applications also cannot proceed until he is judged eligible for a visa.”

Angered by his visa refusal and the protracted administrative process for his family’s visas, Mr Giza approached the US court in June, stating that the State Department had “unlawfully delayed final adjudication of the applications” and asking the court to order the government to act more swiftly.

The Gizas said they had not received any requests for further documentation since their interview and had been informed by the consulate in Lagos that it did not “know the exact time frame as to when” any visa would be issued.

They also said the government had unreasonably delayed processing their applications in violation of the Administrative Procedure Act.

US government calls for dismissal

However, the US government’s defendants requested that the court dismiss the matter for lack of subject matter jurisdiction and failure to state a claim. The government added that Mr Giza was informed of the “refusal status” on the day of the interview and the subsequent decision to place him on “administrative processing” on 20 March 2023.

Regarding the long delay of the administrative processing, the government argued that the process was not unreasonably delayed and that if the court were to grant the request, the family would be placed ahead of others waiting on the “administrative processing” list.

“A court need not accept inferences drawn by the plaintiff that are unsupported by facts alleged in the complaint, nor must the court accept a plaintiff’s legal conclusions as true,” the government said, adding that courts are barred from reviewing consular decisions because of “non-reviewability.”

Judge’s decision on ‘non-reviewability’ claim

However, Judge Christopher Cooper dismissed the government’s argument, stating that since the Gizas’ applications had been placed on “administrative processing,” the court could still decide if there were “unreasonable delays.”

“When the government simply declines to provide a decision in the manner provided by Congress, it is not exercising its prerogative to grant or deny applications but failing to act at all. Because the government has not yet decided on the Gizas’ application, the doctrine of consular non-reviewability poses no bar to the court’s power,” Mr Cooper said.

“Plaintiffs in administrative processing have not received final word on their visa applications—as evidenced, here, by the fact that the consulate is holding onto the Gizas’ passports as it continues to assess their eligibility. The Gizas, like others stuck in administrative processing, are therefore not asking for a reevaluation of any determination. They are merely requesting that the government comply with its duties under the INA by rendering a final decision on their applications in a timely manner,” the judge added.

Judge’s decision on ‘unreasonable delay’ claim

However, Mr Cooper dismissed the plaintiffs’ argument that the US government had unreasonably “delayed” the application process, thus affecting the Gizas’ educational progression and job prospects.

The court’s decision on the issue of unreasonable delay was the pivotal finding that led to the suit’s overall failure.

Mr Cooper ruled that the 17-month delay was within the acceptable threshold, adding that the US Congress has not prescribed a statutory deadline for addressing “administrative processing.”

“Courts have generally found that immigration delays in excess of five, six, [or] seven years are unreasonable, while those between three to five years are often not unreasonable. The seventeen-month delay in processing the Gizas’ petitions since their interview in February 2023 falls comfortably within the range that courts in this district have held not to be unreasonable,” he said.

Mr Cooper also said that granting the Gizas’ request would “necessarily mean additional delays for other applicants—many of whom undoubtedly face similar circumstances.”

“While understanding of the Gizas’ frustration as they wait for final word on their visas, the court is also mindful that many others face similarly difficult circumstances as they await adjudication of their visa applications,” Mr Cooper said.

The judge, therefore, dismissed Mr Giza’s case.

Affluent people, older generations join japa rush

The term “Japa,” derived from the Yoruba expression meaning “run away,” has evolved into a popular Nigerian slang representing the pursuit of economic migration or the search for greener pastures.

This phenomenon has become particularly prevalent among young people, who view Western countries like the U.S., Canada, and the UK as lands of opportunity. Many explore various pathways to achieve this aspiration.

However, the migration trend is no longer limited to the youth, as older generations also consider this option.

The allure of Western countries like the US, Canada, the UK, and others as greener pastures remains popular among mostly young people, with many exploring varied routes to actualise the aspiration. Older generations are also increasingly embracing migration options in Nigeria.

Despite the significant financial costs and risks involved, the desire to leave Nigeria persists, contributing to a substantial “brain drain” in critical sectors such as healthcare and education.

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For many Nigerians, asylum, academic pursuits, and professional pathways are the most common routes to migration. Meanwhile, individuals like Mr Giza and other politically exposed persons can access more expensive, exclusive options.

As Nigeria’s public schools and hospitals struggle with inadequate funding and the pervasive state of insecurity, many politically connected and affluent individuals seek refuge in developed nations. Whether through permanent migration by joining the “Japa” movement or through temporary stays as circumstances dictate, they find solace in the stability and opportunities offered abroad.