I've finished reviewing the documents provided by the government in the visa ban litigation. Here are some of the things I spotted. 1
The govt provided us a number of cables from Washington to consular posts. A March 20th cable directed posts to suspend all visa services. Posts have been permitted all along to continue handling national interest and emergency cases. 2
Paid visa fees remain valid for a year. 3
Despite assumptions that local officers were given autonomy in making national interest exception determinations, it is clear from a 4/25 memo and later ones that these all had to be cleared by Washington. 4
The 4/25 memo also notes that K-1s are not included in the 4/22 ban. More on this in a bit. 5
Plans to resume visa services were being developed according to a 4/28 memo. Priorities -
- Protecting DOS personnel
- Processing capacity at posts and the Visa Office
- Conditions in the US
- Economic considerations (not defined). 6
- Protecting DOS personnel
- Processing capacity at posts and the Visa Office
- Conditions in the US
- Economic considerations (not defined). 6
Under the 4/22 IV ban, only IV applicants that met an exception to the Proclamation and are in a "mission critical category" should be adjudicated and only after DC higher ups approved. NVC continued working on age-out cases. 221(g) cases could continue to be worked. 7
There's a 6/12 cable that says spouses/minor children of US citizens are "mission critical." Doesn't include those considered under 21 because of Child Status Protection Act. 8
A memo from 6/30 discusses the new nonimmigrant ban. There's some news in this memo. Confirms that if someone was outside the US on 6/24 with a valid visa and then that visa expired, they are subject to the ban. That's contrary to the plain language of the proclamation IMHO. 9
There's some stuff about exceptions for food supply workers. Doesn't include restaurant workers and only applies to H-2B. Other categories would have to meet the harder national interest exceptions. 10
In this 6/30 memo reference is made to people with approved I-797s being allowed to reenter as national interest exceptions. Yet it took 6 weeks for this to become public. Why? 11
