1. Govt has completed the IT "updates" so they will be ready to process reserved visas in Gomez/Goh/Rai/Goodluck/Filazapovich IF APPEALS are SUCCESSFUL ....
2. As we all suspected the updates were minor. It appears that it involved the ability to re-upload DV cases from prior years and be able to differentiate between "active" (meaning #DV2022) and "inactive" (#DV2021 and #DV2020). Running of the script at posts will take minutes.
Jul 19, 2022 • 13 tweets • 4 min read
I got 3 DMs/emails <5 min from #DV2022 asking to "confirm that the 55K cap could be exceeded" NO it can't.
I suppose either there was some group misunderstanding on social media or some of the DV YouTube 'experts' is striking again.
A short #DV2022 🧵
The DV statutory cap is established by the statute and is 55K (minus adjustments for NACARA) per year. There are no roll-overs and no special stash @TravelGov can reach into to grant more than the 54850 (I think is the #) DV visas allowed for FY 2022.
Apr 30, 2021 • 4 tweets • 3 min read
Since DOS is trying to do everything in its power to destroy #DV2021, we will open round 2 of our "Problem Consulates" litigation to add additional plaintiffs to our Nepal v DOS pending case. If you are interested, fill the Eligibility Questionnaire: forms.office.com/Pages/Response…
Nepal v DOS is a lawsuit challenging DOS denial of meaningful participation in the #DV2021 at select over-burdened consulates [statutory claims] combined with equitable claims to preserve visa eligibility beyond 30 Sept.
Apr 30, 2021 • 9 tweets • 3 min read
BREAKING: The bad news #DV2021 Friday continues!
State Department has posted a new public-facing "explanation of prioritization of visa processing" and sure enough #DV2021 is in the last tier!
travel.state.gov/content/travel…
Here are the tiers:
Tier One: IR intercountry adoption visas, age-out cases (SQ and SI for Afghan/Iraq
Tier Two: Immediate relative; fiancé(e); returning resident visas
Tier Three: Family preference immigrant visas
Tier Four: All other including employment & diversity visas
Apr 29, 2021 • 5 tweets • 1 min read
NEW: Ok! I’m mystified by the 9th Circuit’s new Appellate Case Management System (ACMS) for immigration petition for review. This will be mandatory for any PFR filed on or after 1 May 2021. What is the point?
For post 5-1 PFR filing in ACMS is mandatory but only for (and available) for attorneys.
Apr 29, 2021 • 4 tweets • 2 min read
BREAKING: Niz-Chavez is out! “A notice to appear sufficient to trigger the IIRIRA’s stop-time rule is a single document containing all the information about an individ- ual’s removal hearing specified in §1229(a)(1).“ Boom.dot.com!
BREAKING: Ok #Noban tweeps, DOS has completed the review of the processes affected by the revocation of the #MuslimBan (PP9645 & 9983). Here is the half-a*s path forward
1/ If your immigrant visa (IV) was refused on or after 20 Jan '20 due #MuslimBan *YOU MAY* seek re-adjudication without resubmitting DS260 or paying any additional fees, provided the underlying visa petitions remain valid. You'll get priority adjudication. AWSOME news!
Mar 7, 2021 • 29 tweets • 6 min read
I have been delaying reading the #FOIA case from SCOTUS from 3-4. So nothing like spending your Sunday morning reading a decision you know is going to f*ck up a lot of your pending litigation & heck! Admin law practice as a whole, right? Well I did and shiiish a 🧵
Here is the link to the FWS v Sierra Club case supremecourt.gov/opinions/20pdf…
and yes! it is all about exemption 5 & specifically the deliberative process privilege. If you’ve done any immigration related FOIA, this is your “b5” stamped on blackouts on ~ 85% of the docs you received.
Mar 7, 2021 • 6 tweets • 2 min read
The Senate passed the $1.9 trillion #AmericanRescuePlan but with very few provisions applicable to mixed-status families and undocumented non-citizens. Yes, the appalling Ted Cruz amendment was defeated but little headway appears to have been made to provide relief to the ...
... hundreds of thousands of undocumented essential workers who since day one of the pandemic have kept us fed and provided for. This is a shameful failure.
This bill is a monster but it seems like the "premium assistance credit" for ACA bene were limited yet again to
Mar 5, 2021 • 9 tweets • 3 min read
Wow! The latest report from Govt on Immigrant Visa backlog as of 2-8-2021, courtesy of @ckuck.
* 188,390 documentarily qualified (DQ) applicants in immediate relative IV categories
* 284,614 DQ applicants in family preference IV categories awaiting appointments.
Now, these numbers include only documentary qualified applicants and ONLY in the IR and family priority categories. It does not include the EB and DV cases. Adding the cases in the pipeline at NVC that are not yet DQed, we are looking at ~1Million cases!
JFC!
Mar 4, 2021 • 5 tweets • 2 min read
#PP10014 is gone and the period for DOS to review & adjust any implementation, guidance, etc arising from the awful #entryban was supposed to have been completed. I have not seen anything specific posted but KCC has made some improvements - MOSTLY SYMBOLIC- but 🧵
... to show good faith they have processed some #DV2021 cases and interviews may be coming for as early as April but the number of interviews will be minuscule. It appears that the shift has been made to process family-based backlog and clear the deck for those cases.
Feb 11, 2021 • 11 tweets • 2 min read
Ooof. 1st Cir finds that in civil action, "warrantless electronic device searches are essential to the border search exception's purpose of ensuring that the exec branch can adequately protect the border" and no prb cause needed to search ED at border ... media.ca1.uscourts.gov/pdf.opinions/2…
Although after Riley, crim cases have gone this direction, this was a civil w USC & LPR plaintiffs and covered "basic" & "advanced" searches under the CBP search guidances.
Feb 11, 2021 • 5 tweets • 2 min read
OMG! President Biden has now TERMINATED the national emergency decl on the southern border, clearing the way for the repeal of CDC Title 42 expulsion order.
Somehow the Title 42 order and the #entrybans were seen by the Admin as a “package”. Let’s get rid of both TODAY, @POTUS!!!
Feb 11, 2021 • 4 tweets • 2 min read
Whoooo. 1st "blanket" NIE for the EU COVID-19 entry bans: "those applicants who are found to be otherwise qualified for an F-1 or M-1 visa will automatically be considered for a national interest exception to travel." travel.state.gov/content/travel…
This could be encouraging, #noban tweeps!!! All that @TravelGov need to do is POST one of these bloody notices and #DV2020VisaHolders with valid visas will have their dreams turn to reality!
Let's do this, DOS!
Feb 10, 2021 • 22 tweets • 4 min read
Ok #NoBan and #DV2020VisaHolders tweeps, the status conference in the Gomez case is about to start in 5 min.
Just got in on the call so, unless I get booted out will live tweet>>>> 🧵
This status hrg was prompted by yesterday's DCC order, more on that here:
BREAKING: DC Circuit just sent the Gomez Appeal back to the district court to determine whether "interim relief" is due and whether Government intends to "enforce" PP10014. #noban
The order specifically references the R28j letters which were regarding the expiring/expired #DV2020 visas. Govt argued that nothing was done after judge Mehta invited parties in Gomez to address the issue. Now District Court is sending it to the court to decide the issue.
Feb 9, 2021 • 4 tweets • 1 min read
MPI report: “Just over 250,000 immigrant visas were granted abroad in FY 2020, compared to 459,000 in FY 2019 (notably similar to the 463,000 granted a decade earlier, in FY 2009).”
We have the #s: immigrant visa issuance abroad declined 35% between February and March 2020, and 94 percent between March and April, when U.S. consulates closed because of the pandemic.
Nov 12, 2020 • 16 tweets • 2 min read
The first witness is a Maricopa County Election official who supervises the election process.
So something got F*cked up on the public line so I'm out. Bummer! this was was like the best background work music ever.
Nov 12, 2020 • 11 tweets • 2 min read
Ok! I just dialed in on Trump's Az election lawsuit hearing before judge Kiley & you know things are not going well when the Judge is asking counsel 4 Trump Inc:
You're telling me that some of the web solicited declarations you submitted, you yourself determined that are false?
Judge: "The ones that you submitted you simply could not prove that are false, is that correct? How is that a reliable process of gathering evidence?
Trump Inc atty: But judge the residual exception is a good one and apply, they could have seen the "green button".
Nov 11, 2020 • 7 tweets • 3 min read
.@camiloreports on Biden's sweeping reversal of Trump's immigration agenda. As previously reported fist order of business seems to be:
* reinstate in full #DACA
* end the Muslim Ban (Travel Ban 3.0)
* 100 days freeze of deportation
(continues)
cbsnews.com/news/biden-imm… via
* reinstatement of the J Johnson "priority for removal" with a twist to "cur collateral arrests"
* increase the refugee admission cap to 125,000
* withdraw from ACA
* reinstate the Central American Minor Reunification program
even though #JoeBiden is now the president-elect the PP10053 and PP10014 entry ban remains in effect until the end of the year! Please, please do not attempt to use visas annotated "subject to PP10014" before January!
The likelihood that you will be able to board a plane a minuscule and even if you somehow managed it, you risk having an overzealous CBP ofc canceling the visa and putting you on the next flight back! Even worst you risk a 235b expedited order of removal.
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