Milligan Vs. Pompeo Ruling

[Calimay 8]

Just curious if people have been keeping up with this case...looks like the judge issued a ruling on this on 11/19. Embassies can no longer use the presidential proclamation as the reason for not issuing K1s. Just wanted to see if anyone has contacted the NVC about this yet. Would be nice if we could all share any updates we get from them  (apologies if someone else already started a thread on this) 

[thisisnotnormal 12]

Most consulates just say no without explanation anyway. I feel like whoever replies to you through us travel docs is just like an operator like someone you get when you ring your phone company or bank and they don’t know what they are talking about.

 

Someone probably just thought it was a good excuse and started copy and pasting it and now there is a big court case over it and they need to find a new excuse. 

 

The Sydney consulate just says “we aren’t processing right now and we don’t know when” and there is nothing you can do about it. Sydney basically has 0 restrictions and 0 cases for 2 weeks now. They are at full operations and just refusing to process K1 without an expedite request. 
 

I suppose the benefit will be that it may put heat on the consulates to stop messing everyone around.
 

Unexplained non processing of visas is a nasty unofficial way of having as little people come into the country as possible via stopping family visas. It’s vague and unexplained because it wouldn’t sit with the public if they announced it’s just so they have 0 risk instead of 0.01. 

Edited November 22, 2020 by thisisnotnormal

[sl1pstream 551]

It specifically says that they're enjoined from relying on the proclamations to suspend adjudication for proclamation plaintiffs. Are you a plaintiff?

Edited November 23, 2020 by sl1pstream

[dangime 12]

Preliminary Injunction

 

Basically it's not a complete case yet. The bar for preliminary injunctions is pretty high, since it's not a full case.  To have any success at that level is an embarrassment for the agencies involved, but probably does nothing official to move things around. They need to come up with a new excuse for their actions is about all this amounts to. Of course the case can continue, and the whole thing may point to things changing behind the scenes since us peasants are getting restless. 

[Ryan H 3,812]

Moved from K1 Process & Procedures to Immigration News and Discussion.

[Carlos&Gen 37]

11 hours ago, sl1pstream said:

It specifically says that they're enjoined from relying on the proclamations to suspend adjudication for proclamation plaintiffs. Are you a plaintiff?

It's not a class action lawsuit. However a judge ruling non issuing K1 because of a travel ban to be ilegal, Will affect all K1s. There's no way of comply with the law just for plaintiffs. That's not going to happen

[sl1pstream 551]

24 minutes ago, Carlos&Gen said:

It's not a class action lawsuit. However a judge ruling non issuing K1 because of a travel ban to be ilegal, Will affect all K1s. There's no way of comply with the law just for plaintiffs. That's not going to happen

Yes, because clearly they've been so great at complying with the law before this.

[Carlos&Gen 37]

4 minutes ago, sl1pstream said:

Yes, because clearly they've been so great at complying with the law before this.

That's a total different discussion

[JeanneAdil 6,491]

If I was trying for a K1 visa,  i certainly would not site this case

Telling any US government agency they have to do something is a good way to get them to say No as a denial is an action

I would have spent all this money on flights to a neutral country and fee for spouse visa (as many embassies have started to process them)

lawyer and court cost with no guarantee of the outcome at interview is a big waste of good money

Edited November 23, 2020 by JeanneAdil

[A&D25612 32]

I have contacted my embassy regarding it. No email response as of yet but today they updated their page saying this:

[Gatekeeper 35]

1 hour ago, A&D25612 said:

I have contacted my embassy regarding it. No email response as of yet but today they updated their page saying this:

Thanks for the info. This means that the court order info is starting to be cascaded down to embassies.

Edited November 23, 2020 by Gatekeeper
Corrected spelling mistake

[R1CH1991 247]

I'm not a K1 case but I really hope they start to process K1 cases soon. The priority should be to reunite fiances now especially considering it has been suspended for such a length of time. If it's safe enough for flights to continue, with social distancing, regular testing and isolation periods it should be facilitated!

[sl1pstream 551]

4 hours ago, Carlos&Gen said:

That's a total different discussion

No. It's not. They used the proclamations before, they can still use them for non-plaintiffs if they want to be jerks about it and fight it out in the courts like they did with a bunch of other immigration lawsuits. It's the exact same thing. This isn't a totally different discussion because you feel like it.

[Carlos&Gen 37]

1 minute ago, sl1pstream said:

No. It's not. They used the proclamations before, they can still use them for non-plaintiffs if they want to be jerks about it and fight it out in the courts like they did with a bunch of other immigration lawsuits. It's the exact same thing. This isn't a totally different discussion because you feel like it.

I'm afraid you didn't understand my point. If there is a federal judge telling you that it's ilegal, there's no way you can still use that excuse as a discrimination tool. 

 

Find another one? Sure.

 

But the law it's the law and there wouldn't be any interpretation after a judge speaks.

 

Period.

 

[sl1pstream 551]

On 11/23/2020 at 10:14 AM, Carlos&Gen said:

I'm afraid you didn't understand my point. If there is a federal judge telling you that it's ilegal, there's no way you can still use that excuse as a discrimination tool. 

 

Find another one? Sure.

 

But the law it's the law and there wouldn't be any interpretation after a judge speaks.

 

Period.

 

There shouldn't be but they still managed to do so in the DV case. I can see them pulling the same junk here.

For some reason ####### is censored, what the hell? That's not even an expletive.

Edited November 27, 2020 by Ryan H
Reason for edit: to remove alternate spelling of profanity