K-1 Lawsuit has been filed in federal court today

[supportdesk 42]

The tl;dr is this suit challenges a) the lack of K-1 visa issuance and b) the 14 day ban for K-1 holders from "banned" countries.

 

The full press release is at https://www.dropbox.com/s/coja278monm8ofe/K-1 Lawsuit Press Release.pdf?dl=0 with a few more details. I don't have a copy of the suit at this time.

 

This is all the news/information I have to share for now!

[In4theJourney 171]

Yayyyy!!! 

[imsan 41]

Great news!!

[supportdesk 42]

I can't seem to edit my first post. Here are the case details for those who want to follow along at home(this is in PACER).

Case number is 1:20-cv-02631
Suit name is MILLIGAN et al v. KALUTKIEWICZ et al

 

[elkski 28]

Cool

[imsan 41]

I think it won't help majority of K1s since this is not class-action lawsuit. 

[Ní hUisce 24]

4 hours ago, supportdesk said:

I can't seem to edit my first post. Here are the case details for those who want to follow along at home(this is in PACER).

Case number is 1:20-cv-02631
Suit name is MILLIGAN et al v. KALUTKIEWICZ et al

 

Suit name is Milligan et al V. Pompeo et al. The PACER efiling got messed up a bit. It put two plaintiffs against each other 😅

[HRQX 4,145]

7 hours ago, supportdesk said:

I don't have a copy of the suit at this time.

A tweet thread by Greg Siskind lists the 8 main complaints: https://twitter.com/gsiskind/status/1306790853269172224

The following complaint seems futile since they didn't list the CDC and it's Director as a Defendant: "we want any other relief needed - such as extending the validity dates of medical exams." 42 CFR § 34.3(i) is very clear: "All medical examinations shall be carried out in accordance with such technical instructions for physicians conducting the medical examination of aliens as may be issued by the Director [of the CDC]. Copies of such technical instructions are available upon request to the Director [of the CDC], Division of Global Migration and Quarantine, Mailstop E03, HHS/CDC, Atlanta GA 30333." The CDC Director is the one that can blanket extend immigration medical results.

Edited September 18, 2020 by HRQX

[imsan 41]

41 minutes ago, HRQX said:

A tweet thread by Greg Siskind lists the 8 main complaints: https://twitter.com/gsiskind/status/1306790853269172224

The following complaint seems futile since they didn't list the CDC and it's Director as a Defendant: "we want any other relief needed - such as extending the validity dates of medical exams." 42 CFR § 34.3(i) is very clear: "All medical examinations shall be carried out in accordance with such technical instructions for physicians conducting the medical examination of aliens as may be issued by the Director [of the CDC]. Copies of such technical instructions are available upon request to the Director [of the CDC], Division of Global Migration and Quarantine, Mailstop E03, HHS/CDC, Atlanta GA 30333." The CDC Director is the one that can blanket extend immigration medical results.

Yes but this is a minor issue. I think majority of applicants would gladly redo medical if they can interview. 

[Crazy Cat 39,227]

***Moved from K-1 Process and Procedures to US Immigration News and Discussion area*****

[Crazy Cat 39,227]

I wonder why this case wasn't filed 3 months ago.  

[Ní hUisce 24]

16 minutes ago, Lucky Cat said:

I wonder why this case wasn't filed 3 months ago.  

It took a lot of time and effort to get the amount of plaintiffs required on board. I think plaintiffs were patient enough during the summer but with mine and others' medicals running out and no end in sight there was soon a matter of urgency to file. 

[supportdesk 42]

6 minutes ago, Ní hUisce said:

It took a lot of time and effort to get the amount of plaintiffs required on board. I think plaintiffs were patient enough during the summer but with mine and others' medicals running out and no end in sight there was soon a matter of urgency to file. 

I'm pretty sure it was a combination of this and the case building on other recent successful visa lawsuits as part of its basis

[Crazy Cat 39,227]

 

7 minutes ago, supportdesk said:

I'm pretty sure it was a combination of this and the case building on other recent successful visa lawsuits as part of its basis

What successful lawsuits?  The DV cases?  

Edit:  I am asking because I haven't kept up with developments as closely as most of you....

Edited September 18, 2020 by Lucky Cat

[supportdesk 42]

8 minutes ago, Lucky Cat said:

 

What successful lawsuits?  The DV cases?  

Edit:  I am asking because I haven't kept up with developments as closely as most of you....

Yes, findings and decisions from that case were incorporated into this suit.