Thread by @gsiskind

A few thoughts about Milligan v. Pompeo, the lawsuit we filed earlier this evening. First, the case is filed on behalf of 150 couples seeking K-1 fiance visas. K-1 visas are filed by US citizens on behalf of their foreign fiances/fiancees. 1

Since the beginning of the pandemic, virtually none of these cases has been approved and couples remain separated with virtually no communication. 2

This is NOT because consulates are closed. State Department workers have been working since the beginning of the pandemic and most are issuing visas. But not to these couples. Spouses of US citizens get visas BTW. 3

Some aren’t getting visas because no one’s working on the cases & they’ve been considered low priority. After we went public with our plans to file a suit, State issued a cable saying to prioritize the cases.But if the suit wasn’t filed, it will likely go back to doing nothing 4

For a large group of our plaintiffs, @travelgov is refusing to issue visas because of the travel ban proclamations for nationals of dozens of countries. These are the 14-day travel bans. In our Aker v Trump lawsuit, a judge just decared this interpretation of the law illegal. 5

The case is not about declaring the presidential proclamations illegal. We think they are, but the only one at issue in this case is the 14-day ban on entry and the remedies we’re seeking will bring the overly broad use of that authority under some control. 6

So what are we seeking?1st, to require the State Department to start move these cases. Plain and simple. 2nd, we want I-129F validity dates extended so people don’t have to start the process over again. 3rd, order that K-1s get national interest exceptions from the travel bans. 7

4th, we want people who were issued K-1s but couldn’t travel because of lockdowns to get their K-1s visas reissued. 5th, we want people who finished processing but didn’t get visas stamps to get those stamps immediately. 8

6th, we want interviews scheduled (and rescheduled) for those who had them canceled. 7th, we want any other relief needed - such as extending the validity dates of medical exams and police certificates. Finally, we want all of it done expeditiously. 9

While this suit is limited to the plaintiffs, we think a win will have positive effects for many others, both in the K-1 category and beyond. Sending the signal that there are consequences for inordinate delays in processing cases is important. 10

Years ago, USCIS was taking an incredible 2 to 3 years to work naturalization applications. An education campaign ensued & immigration lawyers filed mandamus actions en masse to force the agency to act faster. & they did. Processing times shrank dramatically across the board. 11

And if we win in getting a judge to declare the travel bans don’t bar visa issuance (like the Aker case), that will make it more likely the State Department will give up with this illegal interpretion thus helping many others. 12

More news on this case in the days ahead. Thank you to our plaintiffs who have stepped up to the plate. We’re looking forward to fighting hard on your behalf. End of thread.13