Thread by @LilySAxelrod

1/? In a few minutes I'll be live tweeting the Department of State's open forum at the #AILA Annual Conference.

2/ Our IMMpact team is all here, not sure who else is going to live tweet. @gsiskind @immlawACHall @ckuck @jeffjoseph @jwhollis @blesjm1

3/ For DoS, David Newman Deputy Asst Legal Advisor, Office of Asst Legal Adviser for Consular Affairs & Neil Vermillion, Office Director, Field Operations, Office of Consular Affairs. These folks have provided interesting declarations in response to some of our lawsuits...

4/ Vermillion: "We are absolutely focused on taking advantages of the challenges of recent years to emerge with processes that are hopefully more innovative, user friendly, quicker... we welcome your feedback"

5/ Examples of current projects: collab w DHS to expand interview waiver for NIV applicants. Sending staff to posts overseas, funding new positions to build staff back up. Reduced NVC backlog by 25% since last summer. Mexico has reduced backlog by 40%.

6/ Vermillion says they have also "expanded remote visa processing here in Washington" -- interesting, we keep suggesting this when we sue for delays at specific consulates. Why not more of this?

7/ "Pent up demand and backlogs... there's no magic that will cure everything in the next few days... appreciate AILA's patience as we wait to reduce the backlogs" (some of us obviously are feeling a bit less patient)

8/ Vermillion says he valued AILA's policy brief from last year and implemented some of AILA's suggestions, incl expanding visa waiver to some first-time applicants & reauthorizing NIV waiver. You can find that doc here: aila.org/advo-media/ail…

9/ AILA: what about visa renewals within the US? This used to be possible, why not now?
Vermillion: we're expanding capacity in DC processing interview waiver cases, helping the posts remotely. We understand interest in domestic revalidation. "We are actively exploring...

10/ Vermillion: "We are actively exploring [domestic revalidation] here in Washington. It will take time" because it would require setting up essentially a new consular section. This is potentially huge news - applicants wouldn't have to risk getting stuck abroad to renew visas!

11/ For the attorneys, AILA reminds us that their most recent liaison Q&As with DoS are posted -- did anybody get the doc number?

12/ Vermillion: "we leave it up to each post to decide their own security circumstances and applicant pool" to decide whether / how much to waive interviews but "we do encourage them to use that authority as much as possible" - estimate up to 30% of NIV could be w/o interview.

13/ AILA doc #22060801 is the doc for the most recent DoS Q&A!

14/ Next AILA questions are about the visa bulletin. WRT rollover from family-based to employment-based this year -- more FB visas in first half of FY2022 than in all of FY2021, which means less rollover into EB for 2023. All the more reason to push USCIS to adjudicate EB AOS!!

15/ (As folks may know, we're accepting plaintiffs for another lawsuit to push USCIS to use all the employment based visa numbers this year and/or hold some visa numbers over into FY2023 -- immpactlitigation.com/employment-bas… )

16/ AILA: we liked the Chat with Charlie Youtube event, helpful for us and our clients to understand what is coming down the road. Any plans to share more info publicly about PD and VB?
Vermillion: Read the whole VB, not just the charts. Will continue social media engagement...

17/ Vermillion ctd: "With Charlie [Oppenheim] retiring, we are continuing to evaluate" what's the best way to share info with the public. Very frustrating non-answer. Charlie has been retired for months and supposedly had a great team. Why aren't they ready for transparency?

18/ I missed something here about E visas... but laughter around me seems to suggest we got a non-answer.

19/ EB-5 reauthorization! Are DoS & USCIS allowing upgrades / reclassifications of prior regional centers to rural setasides?
Newman: Grandfathered petitions will be adjudicated under the law in force at the time of filing. (that's a "no")

20/ Is the NVC sending grandfathered RC and non-RC cases on to the consular posts?
Newman: Yes.

21/ AILA: NVC asks for things that they already have, or things that aren't relevant. Hard to communicate w them. We recently got written Q&A with NVC, again refer to AILA docs. DoS says Ukraine & Afghanistan is pulling a lot of resources on top of existing backlog.

22/ AILA doc 22060703 is the NVC Q&A referred to in last tweet!
NVC's telephone inquiry system suspended - AILA confirmed that this is temporary and they hope to get up and running ASAP. So in the meantime, how do we navigate NVC issues?

23/ DoS acknowledges long processing time at NVC. NVC timeframes page is updated weekly: travel.state.gov/content/travel…
Make sure your clients are prepared and submit their fees and documents. (LOL that's a non answer to why is NVC so incompetent... blame the applicants)

24/ How long to send a documentarily qualified case from NVC to post?
Vermillion: it varies by post. Some host countries have COVID restrictions still eg China. Some are through their backlog, some... not so much.

25/ AILA: public inquiry form has issues too. Can NVC confirm time frame we can expect responses? Is another submission the best way to follow up with "Attn PI Supervisor"?
Time frame Q is on website (#23) updated weekly. If no answer, resubmit w "Attn PI Supervisor" in Q box.

26/ AILA: best way to request expedite?
Vermillion: yes, use the [e-mail] if case is at NVC (not USCIS or post). NVC if approving expedite, they connect to the post to see if they can accept the file. If file already at post, contact the post.

27/ I misstated! Vermillion clarifies: NVC does NOT adjudicate the expedite request. They forward it to the post.

28/ The mailing addresses are offsite facilities to process mail for NVC. Please follow the instructions for whether to mail or email.

29/ Q: For extremely urgent cases, if no response from expedite request email, what recourse?
Vermillion: patience, please (BOO!). NVC looks at requests in order received, don't submit multiple emails to the expedite address before 30 days.

30/ -that was a total non-answer. Very frustrating.

Q: How about IV processing priorities?
Newman: DoS has given posts discretion to set their priorities. Tiered prioritization was rescinded in Nov 2021. IRs and Ks are prioritized by Congress, as well as seasonal workers.

31/ -nice to see DoS acknowledging that Congress specifies IRs and Ks are to be completed quickly. We refer to this when we file mandamus / APA delay actions and seem to hit a wall...

32/ Q: in general do you try to process Security Advisory Opinions on first-in-first-out (FIFO)?
Newman: it depends, DoS role is to analyze and collect info, so some cases we get available info quickly, sometimes not. It's not FIFO.

33/ Q: is there a plan by other agencies to work on long-pending SAOs?
Newman: "We are in regular consultation with our partners."

34/
Q: Any plans to streamline SAO going forward?
A: "We are always trying to find ways to make the process more efficient. There are particular ideas that are being pursued which we hope will have an effect in a matter of months" (non-answer of course because national sec)

35/ Q: how does an attorney check in on a long-pending SAO?
A: ask the post.
Q: How about other admin processing delays?
A: Vermillion refuses to give any helpful info or timelines...

36/ Q: delays in PIMS & KCC. Wtf is going on?
Vermillion: Digitization coordination between DoS and USCIS and contractors is improving, the contractors are doing well, "it's a long chain and it's hard to figure out where along the chain there may be breakdowns"

37/ Vermillion ctd: says KCC-->consular processing is "well within the bounds of normal" (which AILA folks just told him is not happening...)

38/ Q: What actually IS the process for KCC-> consulate?
Vermillion: petition approved, sent to KCC, uploaded to PIMS, DoS can then access it from anywhere.

39/ Vermillion ctd: sometimes a post has a question about what's going on in PIMS but we ask them and they respond next day. Unclear exactly what issue he's referring to.

40/ DoS "equity action plan" just announced. Any comment on update to interpretation on INA esp WRT reproductive technology?

41/ Newman: DoS just published updated interpretation - children born abroad to parents married at birth will be USC at time of birth if one parent is USC if genetic OR gestational tie to at least one parent. No longer requires genetic/gestational tie to the USC parent.

42/ This is great news for queer families and/or others who use surrogacy and/or gamete donation.
More good news: selected gender on passport (M, F, X) does NOT have to match the gender on your citizenship documentation (natz app, birth certificate)

43/ Lots of applause in the room for this news.

44/ Q: In countries w persecution of LGBTQ folks, would DoS consider allowing folks to put only an initial instead of a given name on a visa to minimize danger of revealing gender of their petitioner?
A: We understand concern and will consider that.

45/ Panel over. Lots of bs but also lots of helpful info here. Heading off with Immpact team to accept our lovely award -- we're being recognized for our contribution to immigration litigation this year.