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Posted
37 minutes ago, JayJayH said:

"I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental... "

 

http://www.cnn.com/2017/01/28/politics/text-of-trump-executive-order-nation-ban-refugees/

 

An LPR returning to the United States is a returning resident, it is not considered "immigrant entry" nor is it considered "nonimmigrant entry."

"Immigrant entry" of such an alien would already have occurred at the time they entered the U.S. on an immigrant visa. Specifically included in this EO are those traveling to the U.S. on immigrant visas - "immigrant entry" - But again, they would not be LPRs yet, as LPR status is given upon admission on an immigrant visa.

 

The wording is ambiguous. But it does not include LPRs.

 

DHS initially interpreted the wording to include LPRs and dual citizens. This was later retracted.

Okay... so if I put it this way..  What other type of entry is there other than non-immigrant and immigrant.... since anything that is not immigrant falls under non-immigrant...?

It says "entry" which is any time you enter.... and talks about entry for aliens (definition above)..

 

but I'm not gonna discuss it any further either... there's no point :)

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Posted
1 hour ago, verneforchat said:

I heard the opposite that some Imam said his mother died weeks ago.

 

What in the world?



Yep you're right!! Once again proving not to trust media within 48 hours of the article. The news station I have did an update saying his mother died 2 weeks before the ban!

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: AOS (apr) Country: India
Timeline
Posted (edited)
8 minutes ago, Ash.1101 said:



Yep you're right!! Once again proving not to trust media within 48 hours of the article. The news station I have did an update saying his mother died 2 weeks before the ban!

I dont care about the 48 hour rule. But i do read from different media outlets, left right, center, cheeto, whatever. Except brietbart. That is pure BS.

 

However, the Imam could be lying for all we know. or he could. 

Edited by verneforchat
Posted (edited)
29 minutes ago, verneforchat said:

AFAIK the original intent and legal language did include EO as per many news articles. It was a later clarification that mention LPR's are not included, blah blah.

 

Regardless of what the original intention was, it wasn't benign for sure.

 

But this is something to chew on: If it was not specifically clear if the order did include LPRs, why did it need two Judges to issue orders to block deportation?

If it was indeed that ambiguous, would that have needed to issue those orders?

I'd agree that no judge's order would have been needed if the EO was less ambiguous, or if it was unambiguous, it could have needed a judge's order.

I disagree with the EO overall, but I think it made it worse that it was written in such a way that no one had any clue as to how it should be implemented - including the Dept. of Homeland Security whose task it is to implement it.

 

26 minutes ago, Suss&Camm said:

Okay... so if I put it this way..  What other type of entry is there other than non-immigrant and immigrant.... since anything that is not immigrant falls under non-immigrant...?

It says "entry" which is any time you enter.... and talks about entry for aliens (definition above)..

 

but I'm not gonna discuss it any further either... there's no point :)

We can argue semantics back and forth.

 

For purposes of visas, there are two types: "immigrant" and "nonimmigrant."

 

I'd argue that "immigrant entry" is a person arriving in the United States as an intending immigrant - i.e. arriving on an immigrant visa.

I'd argue that "nonimmigrant entry" is a person arriving in the United States as an intenting nonimmigrant - i.e. arriving on a tourist or student visa.

 

For purposes of non-visa entries, there are two types: resident or citizen.

 

Whenever you return to the U.S. with a green card, you passport is stamped "ARC" - Alien Registration Card. You're not admitted as an immigrant or nonimmigrant. You're admitted as a resident, someone who has previously arrived as an intending immigrant.

 

Again, we can go back and forth debating semantics on this, because there is no clear definition of what "immigrant entry" means, neither in the EO, nor in the Immigration and Nationality Act. It's a little like arguing what "natural born citizen" means in the context of whether Ted Cruz can be president or not.

 

Whether we agree or disagree, fun discussing with you both :)

Edited by JayJayH
Filed: Timeline
Posted

https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states

 

Not sure if this link has been here posted here before.

 

2 things I would like to pont out, is yes according to CBP LPR are affected however  as of Feb 1st, since EO is signed only 2 LPRs were denied entry. One with criminal record, the other one requested to return to Canada.

 

And EO does not affect the processing of N-400 naturalization applications as it was mentioned here earlier.

 

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

The link seems to have been posted more than once already, and the point about the denied LPRs has been brought up.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted

Hi fellow VJ members

I am British  but I was born in Iran (not that it makes a slight bit of difference but we actually fled from Iran for the fear of prosecution from the Iranian government many years  ago. I have applied for a CR1 as my hubby is a US citizen. Our case was completed at NVC on the 24th of Jan. We are so upset by this situation. Does anyone know where I can get any info?  I just want to know if our application is still being processed ?

I have emailed politicians here in the UK, the foreign office, the us embassy in London, ACLU in the US. I called the NVC and they have no clue. 

Filed: K-1 Visa Country: Turkey
Timeline
Posted

Does anyone know how the EO impacts those applications underway (i.e. those not yet issued a visa). We have applied for my fiance's K-1 (he is Syrian living in Turkey) and were told to schedule an interview, but of course, everything is on hold now. I saw (admittedly on Twitter) that someone had posted, "Most visa categories require US petitioners. Those petitioners HAVE STANDING TO SUE IN US COURTS when their beneficiaries are blocked." Anyone have any experience or knowledge of this and how it might apply to existing applications?

 

Best wishes to all.

Posted
5 hours ago, Medz70084 said:

Hi fellow VJ members

I am British  but I was born in Iran (not that it makes a slight bit of difference but we actually fled from Iran for the fear of prosecution from the Iranian government many years  ago. I have applied for a CR1 as my hubby is a US citizen. Our case was completed at NVC on the 24th of Jan. We are so upset by this situation. Does anyone know where I can get any info?  I just want to know if our application is still being processed ?

I have emailed politicians here in the UK, the foreign office, the us embassy in London, ACLU in the US. I called the NVC and they have no clue. 

If you're a UK citizen, you should be fine.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Filed: AOS (apr) Country: India
Timeline
Posted
1 minute ago, Marco&Bettina said:

If you're a UK citizen, you should be fine.

There was somewhere in this thread or the speculation thread that had a post about Iranian born people have Iranian citizenship?

Is that true? And that they get to hold both Iranian Citizenship and dual citizenship of another country?

 

Posted
5 minutes ago, verneforchat said:

There was somewhere in this thread or the speculation thread that had a post about Iranian born people have Iranian citizenship?

Is that true? And that they get to hold both Iranian Citizenship and dual citizenship of another country?

 

I can't confirm but I recall reading that somewhere too. I believe they were Iranian/Canadian Citizenship and allowed entry.

ROC Timeline!

Service Center : California Service Center

NOA2017-09-01

Biometrics : 2017-09-28

ROC Approved 2019-01-17

 

AOS Timeline!

Marriage : 2015-01-10

AOS/EAD/AP NOA : 2015-01-20

Biometrics : 2015-02-17

EAD/AP Approved : 2015-03-17

NPIW : 2015-06-11

AOS Approved : 2015-11-24

 

K-1 Visa Timeline!

Service Center : Texas Service Center

Transferred? No

Consulate : Frankfurt, Germany

I-129F NOA1 : 2014-03-11

I-129F NOA2 : 2014-08-12

Consulate Received : 2014-09-15

Interview Date : 2014-11-13

Interview Result : Approved

Visa Received : 2014-11-15

US Entry : 2014-12-31

Filed: Other Country: Canada
Timeline
Posted
1 minute ago, Marco&Bettina said:

I can't confirm but I recall reading that somewhere too. I believe they were Iranian/Canadian Citizenship and allowed entry.

Reportedly yes: http://www.theglobeandmail.com/news/world/us-politics/trump-immigration-ban-canada/article33822491/

Posted

After searching the news and departments (DHS,USCIS,BORDER CONTROL, NVC) every hour for the last 3 days this is the first piece of evidence I have found. Hoping others like me can breath a little.

IMG_0689.PNG

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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