Trump's published Immigration policies MEGATHREAD

[NJ515 73]

I've skimmed through this post, and it's unclear after reading so many vague thoughts, but does anyone know if they are approving K-1 visas if the fiance is from Syria? Proof of a bona fide relationship is solid for us.

[Hypnos 6,576]

Not right now, no.

[Amir&Toni 3]

23 hours ago, NJ515 said:

I've skimmed through this post, and it's unclear after reading so many vague thoughts, but does anyone know if they are approving K-1 visas if the fiance is from Syria? Proof of a bona fide relationship is solid for us.

They are not approving fiance or spouse visas for most of the travel ban countries unless you are able to obtain a waiver at the time of the interview.  I believe these waivers are very hard to get based on the requirements per the proclamation.  The supreme court is hearing the case April 25th and expected to make a decision by June.  I'm praying for a good outcome.  

[NJ515 73]

22 minutes ago, T&T2017 said:

They are not approving fiance or spouse visas for most of the travel ban countries unless you are able to obtain a waiver at the time of the interview.  I believe these waivers are very hard to get based on the requirements per the proclamation.  The supreme court is hearing the case April 25th and expected to make a decision by June.  I'm praying for a good outcome.  

Do you know what qualifies someone for a waiver? It's so ambiguous when you read it.  Show hardship, don't be a threat to US National Security (lol), and be in the interest of the USA to enter the country. That makes no practical sense how to determine if we qualify or not.

 

The NVC just shipped our documents to Frankfurt... we feel like we're just being rushed towards the denial.  

[Amir&Toni 3]

46 minutes ago, NJ515 said:

Do you know what qualifies someone for a waiver? It's so ambiguous when you read it.  Show hardship, don't be a threat to US National Security (lol), and be in the interest of the USA to enter the country. That makes no practical sense how to determine if we qualify or not.

 

The NVC just shipped our documents to Frankfurt... we feel like we're just being rushed towards the denial.  

Below is the actually verbiage per the proclamation, but it is very vague.  

 

As specified in the Proclamation, consular officers may issue a visa based on a listed waiver category to nationals of countries identified in the PP on a case-by-case basis, when they determine: that issuance is in the national interest, the applicant poses no national security or public safety threat to the United States, and denial of the visa would cause undue hardship. There is no separate application for a waiver. An individual who seeks to travel to the United States should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for a waiver.

 

Undue hardship is very hard to prove but attached is a list from an immigration attorney of example arguments that could be made if you wanted to write your own waiver letter.  You would want to include evidence to back up your arguments.  

Waiver Advice.pdf

Edited February 27, 2018 by T&T2017

[NJ515 73]

8 minutes ago, T&T2017 said:

Below is the actually verbiage per the proclamation, but it is very vague.  

 

As specified in the Proclamation, consular officers may issue a visa based on a listed waiver category to nationals of countries identified in the PP on a case-by-case basis, when they determine: that issuance is in the national interest, the applicant poses no national security or public safety threat to the United States, and denial of the visa would cause undue hardship. There is no separate application for a waiver. An individual who seeks to travel to the United States should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for a waiver.

 

Undue hardship is very hard to prove but attached is a list from an immigration attorney of example arguments that could be made if you wanted to write your own waiver letter.  You would want to include evidence to back up your arguments.  

Waiver Advice.pdf

Hi, thanks for the reply. It seems like I'm having an issue accessing this PDF file. Does it work for you? I really look forward to seeing what the example arguments can be.

[Amir&Toni 3]

12 minutes ago, NJ515 said:

Hi, thanks for the reply. It seems like I'm having an issue accessing this PDF file. Does it work for you? I really look forward to seeing what the example arguments can be.

Try this one

Waiver Advice.doc

[NJ515 73]

According to Reuters, it appears as if attempts to get a waiver under the travel ban are next to impossible...

 

https://www.reuters.com/article/us-usa-immigration-travelban-exclusive/exclusive-visa-waivers-rarely-granted-under-trumps-latest-u-s-travel-ban-data-idUSKCN1GI2DW

[kishik 0]

Hey VJ members,

 

I'm trying to correctly interpret travel ban v3 as it pertains to the 5 Muslim countries and K-1 visas. I've tried reading the whole thread but I'm still not 100% clear. So can someone who has been through it and knows for certain confirm my understanding:

 

In the table on the state department's site, if a country is designated only as "No B-1, B-2, and B-1/B-2 visas" does that mean that K-1 visas are not banned right now?

https://travel.state.gov/content/travel/en/us-visas/immigrate/important-announcement.html

 

Or is that table outdated now? Because Sec.7.b.i of the order seems to indicate that the above table is superseded and so at this current time does that mean k-1 visas are also banned for the 5 Muslim countries mentioned in Sec.7.b.i?

https://www.whitehouse.gov/presidential-actions/presidential-proclamation-enhancing-vetting-capabilities-processes-detecting-attempted-entry-united-states-terrorists-public-safety-threats/

Quote

(b) The restrictions and limitations established in section 2 of this proclamation are effective at 12:01 a.m. eastern daylight time on October 18, 2017, for all other persons subject to this proclamation, including nationals of:
(i) Iran, Libya, Syria, Yemen, and Somalia who have a credible claim of a bona fide relationship with a person or entity in the United States; and

 

Finally, IR-1/CR-1 are banned outright since they are 'immigrant' class visas, right?

 

Thanks for your help.

 

[Boiler 45,525]

K1's are considered Immigrant Visa's for such purposes.

[kishik 0]

19 minutes ago, Boiler said:

K1's are considered Immigrant Visa's for such purposes.

Thanks, but K-1's are nonimmigrant visa class according to the state department? https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html Hence I assume they fall under the non-immigrant visa column of the EO table...

[Boiler 45,525]

They are NIV's but for most purposes they are treated as IV's.

[TBoneTX 45,304]

The above is correct.  The K-1 is a "hybrid" visa -- a nonimmigrant visa with immigrant intent.  This is why K-1 applicants are always interviewed in the Immigrant Visa units at the consulates.

[kishik 0]

I ended up finding a better condensed summary on the latest ban here https://www.visalawyerblog.com/2017/12/11/latest-travel-ban-3-0/ that also takes into account Sec.7.b.i -- which the table at travel.state.gov doesn't reflect. So that answers my questions; thanks.

[Tar999 13]

What was the verdict on the new policy for permanent residents using tax credits for health insurance?