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ResourcesVisa & Immigration LawVisa NewsK-1 Visas: Court Dismisses Case Regarding Slow Processing

K-1 Visas: Court Dismisses Case Regarding Slow Processing

Transcript of the above video:

As the title of this video suggests, we are discussing K-1 Fiancé Visas. These are visas for fiancé’s of American citizens. We handle a number of these cases here in our office here in Bangkok but this is a more generalized video. 

What we are talking about here is there was a court case filed some time ago. Basically, it was a court case against the US Government trying to get the courts to go ahead and compel the Government to go ahead and start processing K-1 Visas; move things along essentially. This is one of those videos that is a 'good news, bad news’ video; I will get into that here in a minute. Quoting directly from Law360, that is law360.com, the article is titled: DC Judge Tosses Suit Over Slow Processing of Fiancé Visas. Quoting directly: "A DC Federal Judge on Thursday threw out a lawsuit challenging the US Department of State over the slow processing of K-1 Fiancé visas during the Coronavirus pandemic. Agreeing with the Government that the case is now moot because the Agency had recently issued a "National Interest" exemption to aid the applicants." and I will get into that in a minute. Quoting further: "Government lawyers told the US District Judge James E. Boasberg in May that the suit filed by more than 150 US citizens and the foreign partners they intend to marry, warrants dismissal because Secretary of State Anthony J. Blinken had exempted all K-1 Visa applicants from a Trump Administration Executive Order restricting non-citizens entry into the US during the COVID-19 pandemic." 

I say this is kind of 'good news, bad news' because the people that filed it, and really hats off to those folks, they did every other K-1 applicant a service essentially by filing but they really didn't get anything out of this. It was deemed moot and now they are just processing along as it nothing happened. However, the upshot was in my opinion, it compelled the Government rather than go through the process of being adjudicated to be in the wrong, the Government just as noted here “Secretary of State Anthony J. Blinken had exempted all K-1 Visa applicants from a Trump Administration Executive Order restricting non-citizens entry into the US during the COVID-19 pandemic". So long story short, what Trump did has now been reversed. K-1 cases are considered in the national interest if you will and they are now exempt from that order and they are going to go ahead and move things along. So while the people actually in the case didn't really get a lot of satisfaction I would say, they did help K-1 applicants overall by filing and pushing this out there. So like I said, I think they deserve a little tip of the hat. Anybody that is currently filing and processing a K-1 should be grateful to these folks that went ahead and filed this case and although it didn't end up with a great deal of satisfaction for them directly on an individual level, it has been a benefit to basically everybody that just wants due process to be considered and to be applied when processing a case for a K-1 Visa for a fiancée of an American citizen to go to the United States.