As https://cdn.ca9.uscourts.gov/datastore/opinions/2022/10/05/21-55365.pdf recounts Sandra Munoz is a U.S. Citizen who sued in court to overturn a denial of an immigration visa to her spouse. District Court ruled for the U.S. government under the doctrine of consular non reviewability. The decision was appealed and the appellate court overruled the district court.

Vacating the district court s grant of summary judgment in favor of the government, and remanding, the panel held that (1) where the adjudication of a non-citizen s visa application implicates the constitutional rights of a citizen, due process requires that the government provide the citizen with timely and adequate notice of a decision that will deprive the citizen of that interest; and (2) because the government failed to provide timely notice in this case, the government was not entitled to summary judgment based on the doctrine of consular nonreviewability

The panel explained that, as set forth in Kleindienst v. Mandel, 408 U.S. 753 (1972), and Kerry v. Din, 576 U.S. 86 (2015), the doctrine of consular nonreviewability admits an exception in certain circumstances where the denial of a visa affects the fundamental rights of a U.S. citizen.

The panel concluded that, under the precedent of this circuit, Mu oz possessed a liberty interest in her husband s visa application. The panel explained that this court recognized the existence of this interest in Bustamante v. Mukasey, 531 F.3d 1059 (9th Cir. 2008), and Justice Kennedy s controlling concurrence Din declined to reach this issue. Because Mu oz asserted this protected liberty interest, the panel proceeded to evaluate whether the government provided a facially legitimate and bona fide reason for denying the visa

The opinion goes on to mentioned that the petitioner s spouse was denied the visa because of suspected affiliation with a criminal gang but took 3 years to issue the denial.

The panel also observed that the administrative provisions for review of visa applications a 30-day period in which visa denials must be submitted for internal review and a 1-year period in which reconsideration is available upon the submission of additional evidence and approvals provided contextual support for the proposition that receiving timely notice of the reason for a denial is essential for effectively challenging that denial.
By this standard, the panel concluded that the government s nearly three-year delay in providing appellants with the reason for the denial of Asencio- Cordero s visa did not meet the requirements of due process. Therefore, the panel concluded that the government was not entitled to invoke consular nonreviewability to shield its visa decision from judicial review and, as a result, the district court could look behind the government s decision on remand

https://www.uscis.gov/newsroom/alerts/uscis-extends-green-card-validity-extension-to-24-months-for-green-card-renewals

https://www.google.com/amp/s/abcnews.go.com/amp/International/wireStory/official-canada-drop-vaccine-requirement-enter-90233794

The official said that Prime Minister Justin Trudeau needs to give final sign off on it but that the government will likely be dropping the requirement as well as ending random COVID-19 testing at airports. Filling out information in the unpopular ArriveCan app will also no longer be required.

Hello everyone!

I have been reading information on this site about K1 visa since a few weeks ago.

I am a beneficiary and my gf applied the I-129F petition. My nationality is Myanmar (Burma).

From the info I found, it will take time about 13.5+ months.

I just want to know if the processing time depends upon the nationality of the beneficiary. If yes, how the potential additional time would that be for a Burmese?

Thanks to everyone and don't mind me if you might already answered it before.

says:

Can my child come to the United States to live while the visa petition is pending?

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the K3-K4 Visa page

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This is not correct per K3-K4 visa the to which the guide links:

If you are a U.S. citizen and you filed a Form I-130, Petition for Alien Relative for your foreign spouse who is abroad, you can also file a Form I-129F, Petition for Alien Fianc (e). This is the first step for your spouse and his or her children to obtain a visa to come to the United States while you wait for USCIS to make a decision on the Form I-130.

Finally https://www.uscis.gov/sites/default/files/document/forms/i-129finstr.pdf says,

Use this petition to classify:
USCIS
Form I-129F
OMB No. 1615-0001 Expires 03/31/2024
1. Your alien fianc (e) as a K-1 nonimmigrant so that he or she may enter the United States to marry you and pursue adjustment of status to lawful permanent resident; or
2. Your alien spouse as a K-3 nonimmigrant, so that he or she may enter the United States to await the availability of an immigrant visa and pursue adjustment of status to lawful permanent resident.
NOTE: A child (unmarried and under 21 years of age) of a K-1 or K-3 nonimmigrant may apply for a nonimmigrant visa to accompany or follow-to-join the K-1 or K-3 parent. You do not need to file a separate petition to classify the child as a K nonimmigrant. Children of K-1s are classified as K-2 nonimmigrants, and children of K-3s are classified as K-4 nonimmigrants.

While there might be something in INA that says what the guide says is true, USCIS doesn t seem to agree. I suggest the text I quoted fro the guide be deleted entirely.