K Visa Processing Update

[Boiler 45,663]

https://travel.state.gov/content/travel/en/News/visas-news/k-visa-processing-update.html

 

K Visa Processing Update

Last Updated: November 25, 2020

On November 19, 2020, the U.S. District Court for the District of Columbia enjoined the government from suspending K-1 fiancée visa adjudications for the named plaintiffs in Milligan v. Pompeo due to the regional COVID-related Presidential Proclamations (P.P.s) 9984, 9992, 9993, 9996, and 10041.  These COVID-related regional proclamations suspend entry into the United States of aliens who have been physically present in the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, or Brazil in the 14-day period prior to their entry or attempted entry into the United States.  K-1 visa applicants who are named plaintiffs in Milligan v. Pompeo and subject to a regional proclamation should contact their nearest Embassy or Consulate for guidance on scheduling a visa interview.  While such applicants may, pursuant to the court order, be scheduled for a visa interview even though they are subject to a COVID-related regional proclamation, the court order does not require that plaintiffs be given special priority ahead of other K visa applicants who have requested interviews or who already have been scheduled for interviews.  Even if issued visas, K-1 plaintiff applicants remain subject to the regional P.P.s and, unless able to meet the criteria for an exception, are barred from entering the United States if they have been present in a country covered by a regional P.P. in the 14 days prior to entry.   

K visa applicants who are not plaintiffs in Milligan v. Pompeo and who are not subject to COVID-related regional proclamations will continue to have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance. 

The resumption of routine visa services, prioritized after services to U.S. citizens, is occurring on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities.  U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March and will continue to do so as they are able.  As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.  Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer.

[Boiler 45,663]

 

My take is that K1's will be processed as per normal in most cases but there is still the requirement to quarantine prior to entry.

Edited November 27, 2020 by Boiler

[Crazy Cat 41,981]

55 minutes ago, Boiler said:

 

My take is that K1's will be processed as per normal in most cases but there is still the requirement to quarantine prior to entry.

Does the ruling affect all K-1s or just the plantiffs?

[Boiler 45,663]

7 minutes ago, Lucky Cat said:

Does the ruling affect all K-1s or just the plantiffs?

Not exactly made clear, well you could reasonably read it either way, sounds to me that they will also be processed.

[Mihaela Plesa 8]

This statement "K visa applicants who are not plaintiffs in Milligan v. Pompeo and who are not subject to COVID-related regional proclamations will continue to have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance."  makes it sound like the court order is only helping people who are not plaintiffs in the lawsuit.  Their existing phased resumption of visa services is that they do not process K1 visas until further notice.  

I wonder if it's possible to join the list of plaintiffs somehow?  

[Boiler 45,663]

1 minute ago, Mihaela Plesa said:

This statement "K visa applicants who are not plaintiffs in Milligan v. Pompeo and who are not subject to COVID-related regional proclamations will continue to have their applications prioritized and processed in accordance with existing phased resumption of visa services guidance."  makes it sound like the court order is only helping people who are not plaintiffs in the lawsuit.  Their existing phased resumption of visa services is that they do not process K1 visas until further notice.  

I wonder if it's possible to join the list of plaintiffs somehow?  

You could well be correct, well this case has been decided, so unless they follow through what will happen, more cases, so I expect they will follow these plaintiffs.

[imsan 41]

It helps plaintiffs only. Time for another lawsuit. This is just hopeless at this point.

[A&D25612 32]

I read it both ways so I'm just as confused as I was since the beginning

[YueQian 22]

I don’t think it even guarantees anything for the plaintiffs.

 

 “contact their nearest Embassy or Consulate for guidance on scheduling a visa interview.”

 

Doesn’t sound reassuring, nothing about how consulates should handle it, they could just continue to give the same “guidance” - unable to resume services and we don’t know when blah blah 

 

[Mihaela Plesa 8]

53 minutes ago, YueQian said:

I don’t think it even guarantees anything for the plaintiffs.

 

 “contact their nearest Embassy or Consulate for guidance on scheduling a visa interview.”

 

Doesn’t sound reassuring, nothing about how consulates should handle it, they could just continue to give the same “guidance” - unable to resume services and we don’t know when blah blah 

 

The Embassy in Brussels had told me that they are waiting on guidance on how to implement the new court order. This order gives no guidance whatsoever for non-plaintiffs in this case.

[Mihaela Plesa 8]

2 hours ago, Boiler said:

You could well be correct, well this case has been decided, so unless they follow through what will happen, more cases, so I expect they will follow these plaintiffs.

Also, the actual court order for this case states that they scheduled a status hearing on Dec 3.  

 

https://www.immigrationissues.com/wp-content/uploads/2020/11/Order.pdf 

 

 

[eggybreadb78 57]

 

The first guy is who you wanna follow for information on the court case, he's amazing - and you'll see him link other lawyers as well. I attached a couple of his recent posts on the case. Unfortunately, it does not mean anything for non plaintiffs according to the replies to the lawyers involved.  One thing I took from their posts and their replies is that there is still hope with potential upcoming lawsuits etc - as they are not done fighting for people and their loved ones.

Edited November 27, 2020 by eggybreadb78