May 5, 2025, 6:08 p.m.
A U.S. citizen is stuck in Iran with her 3-year-old child, separated from her husband and parents, while the Trump administration vets the toddler for national security concerns.
The family has now filed a lawsuit in a federal court in Los Angeles because the Iranian-born boy, whose mother is a U.S. citizen and whose father is a U.S. resident and green-card holder, has been asked to submit information to the U.S. government about his past employment history and whether he has spent time in jail.
The parents want their child, who was born in Iran because his mother traveled to the country during the COVID-19 pandemic and was unable to leave for health reasons, to obtain a visa to travel to the United States so he can join his father. Hesam Khorami, the child’s father, must remain in the U.S. to maintain his status as a legal permanent resident and cannot visit his wife and son in Iran.
The family has been in limbo since March, when the child’s case was placed in administrative processing for national security vetting. Khorami said he was shocked when he learned that his family couldn’t join him immediately in the U.S. Now, his wife and child are alone in Iran, a country that often restricts women from participating in everyday public life without a male guardian.
“We went through the questions that they asked us, and they asked, ‘Where have you worked, where have you traveled, who is your wife, and have you spent time in jail?’ None of the questions apply to a 3-year-old,” Khorami told National Journal. “They are alone. It’s a different world over there. You can’t live without a man in Tehran. My wife is in a difficult situation right now. My child cries every night. My 3-year-old son asks why I left them.”
The case is unfolding as the Trump administration makes it increasingly difficult for people to enter and exit the United States.
In its first 100 days in office, the Trump administration has pursued a policy of increased border enforcement and mass deportations, removing foreigners from the country, often without due process. The administration has revoked the visas of thousands of foreign students—many of whom are from Middle Eastern countries—and halted nearly all refugee admissions.
Under Trump, U.S. Citizenship and Immigration Services has also faced staff cuts that could exacerbate immigration backlogs and has stopped processing some green-card applications. On Monday, the Trump administration announced it would offer $1,000 to foreigners who choose to depart the country voluntarily.
However, the case of a child being asked to fill out supplemental questions for visa applicants, known as a DS-5535 form, is unusual. The State Department uses these forms to gather additional details about visa applicants, often focusing on the past 15 years of travel history and other personal information. Fewer than 0.5 percent of visa applicants worldwide must complete these forms. Lawyers representing the family argue that the information requested by the Trump administration is irrelevant to a 3-year-old who spends his days watching animated television programs such as Bluey and Peppa Pig.
“They sent all the information back, and still, no visa,” said Curtis Morrison, a lawyer representing the family. The case is now going through the courts, and District Judge Percy Anderson was assigned to it last week.
Rabea Kruegel, an immigration advocate and paralegal who assisted an Afghan family whose 17-month-old child was asked to complete a DS-5535 form in 2023, said it’s often unclear why a visa applicant is flagged for national security reasons. Court testimony by a State Department employee in the Bureau of Consular Affairs suggests that visa applicants are flagged to submit a DS-5535 because of concerns over links to terrorism.
“From my understanding, the consular officer doesn’t even make that decision. It’s the system," Kruegel said. “When they want to move to approve a case, if there’s a red light next to the name, then they’re required to hand out the DS-5535 and hand the responses for vetting to Washington.”
The family Kruegel worked with in 2023 returned the document with many of the questions left blank.
“They ended up submitting basically an empty form. It asks for 15 years of travel history and professional experience. Of course, an infant doesn’t have that,” Kruegel said, adding that the child eventually obtained a visa.
A State Department spokesperson, speaking on background, did not respond to questions about the number of children typically asked to submit a DS-5535 form each year. The spokesperson declined to comment on the child’s case, noting that "visa records are confidential under U.S. law.”
“Every prospective traveler to the United States undergoes extensive interagency security vetting,” the State Department spokesperson said. “Prohibiting entry to the United States by those who might pose a threat to U.S. national security is key to protecting U.S. citizens at home. We do not issue a visa until an applicant has demonstrated to the satisfaction of the consular officer adjudicating the case that he or she is eligible to receive a visa under U.S. law.
“The term ‘administrative processing’ refers to various additional steps taken, including interagency security vetting, to establish an applicant’s eligibility for a visa. In some cases, the applicant will be asked to complete form DS-5535, Supplemental Questions for Visa Applicants,” the spokesperson added. “This work is critical to determine whether an applicant poses a risk to the safety and security of the United States, and consular officers will take the time necessary to complete this vetting in every case.”
Khorami and his wife contacted their representative in Congress, Rep. Brad Sherman of California, who contacted the State Department on their behalf. The congressman received a letter from the U.S. embassy in Turkey, seen by National Journal, that claimed the consular officer in charge of issuing the child’s visa “concluded that the beneficiary had not established eligibility for the visa as additional administrative processing was required.”
“We have noted your office's interest. Unfortunately, we are unable to predict how long administrative processing will take for a given case. This process normally takes many months to complete,” the letter to Sherman reads.
Khorami argues that his wife, who studied psychology at California State University and previously worked as a supervisor in a kindergarten, has suffered economic setbacks because of the delay.
“This is not fair to my wife. She did great in the U.S. She went to university. She worked here. She is so talented and wants to come back here and work, but she’s lost job offers,” Khorami said. “We lost lots of money because she couldn’t work over there. She has lots of things to do here, but she can’t come back because she can’t leave my son alone.”
