Looking for guidance - My fiance is on the Newest Travel Ban...now what?

[Boiler 45,486]

I have not seen any other people post abut such issues and am inclined to wait and see what actually happens, we do have a mega thread for speculation.

[dsufi 1]

You said your interview in Jan 9. Has embassy asked you to bring waiver supporting documents? I am in a similar situation but for a CR1 case and my appointment is not set yet. 

-D

[LionessDeon 2,060]

On 12/16/2017 at 3:33 AM, nykolos said:

False

 

https://www.usnews.com/news/us/articles/2017-06-30/trump-travel-ban-wont-keep-engaged-couples-apart-after-all

 

 

https://www.nytimes.com/2017/12/04/us/politics/trump-travel-ban-supreme-court.html

[Tatsi 6]

On 12/19/2017 at 8:48 AM, dsufi said:

You said your interview in Jan 9. Has embassy asked you to bring waiver supporting documents? I am in a similar situation but for a CR1 case and my appointment is not set yet. 

-D

Hello,

My husband is Syrian and we have been waiting for an interview for 7 months and nothing.

The issue is they will still process them anyway but will they issue a visa; thats a different story. I heard that in some cases they dont even consider waivers 

[Tatsi 6]

On 12/12/2017 at 8:33 AM, ags247 said:

His interview is Jan 9th.

I'm trying to remain positive - but having a hard time trying to get any answers.

He's a refugee I met while we were volunteering together and now he's finally been placed in another country but still living in a camp for refugees in his new country.... surely there must be some waiver...Anybody know what the procedure is for requesting a waiver? 

I know that you bring a waiver to an interview. My suggestion if you still can is to consult an attorney. My husband is Syrian and im in a similar situation but interview hasn't been scheduled yet

[Zohreh66 3]

Could you explain to me what is the waiver? Is it just a letter which shows our experience hardship? Or it's a form that we should apply for it

[Amir&Toni 3]

There is a waiver program to proclamation 9645 (Travel Ban 3.0) but I believe this is done at the Consul's office at the time of the interview.  My understanding is these waivers are rarely approved but I would take a lot of documentation and try as hard as you can.  

 

(c) Waivers. Notwithstanding the suspensions of and limitations on entry set forth in section 2 of this proclamation, a consular officer, or the Commissioner, United States Customs and Border Protection (CBP), or the Commissioner's designee, as appropriate, may, in their discretion, grant waivers on a case-by-case basis to permit the entry of foreign nationals for whom entry is otherwise suspended or limited if such foreign nationals demonstrate that waivers would be appropriate and consistent with subsections (i) through (iv) of this subsection. The Secretary of State and the Secretary of Homeland Security shall coordinate to adopt guidance addressing the circumstances in which waivers may be appropriate for foreign nationals seeking entry as immigrants or nonimmigrants.

(i) A waiver may be granted only if a foreign national demonstrates to the consular officer's or CBP official's satisfaction that:

(A) denying entry would cause the foreign national undue hardship;

(B) entry would not pose a threat to the national security or public safety of the United States; and

(C) entry would be in the national interest.

[BNP2 0]

On 12/11/2017 at 8:43 PM, ags247 said:

Hi all - 

My fiance is Syrian.  It's taken us almost a year to get to this point.  We have our interview coming up in just a few weeks and I'm just wondering what happens now that the travel ban is in place.

1)  He's affected by the travel ban - so what happens if they deny him a k1-visa?

2) Will they automatically deny his k1-visa since he's from Syria?

3)  Can he get a waiver?  Any ideas on how we can get a waiver??

4) If we get denied - what should we do?

Was he able to get his visa? My fiance had her interview on Oct 3rd and they put her on administrative process, I hope at least they issue some K1 Visas. 

[ags247 1]

On 12/19/2017 at 10:48 AM, dsufi said:

You said your interview in Jan 9. Has embassy asked you to bring waiver supporting documents? I am in a similar situation but for a CR1 case and my appointment is not set yet. 

-D

He had his interview but they didn't accept his documents without the official stamp so we need to figure out how to get him an "official" birth certificate and his other records.... We will try for another interview once all his documents are in.  Also, there is no waiver that "you bring with you"... we wrote an affidavit for hardship - if they agree it's a hardship THEY will issue a waiver...so we will have to wait and see what happens.

18 hours ago, BNP2 said:

Was he able to get his visa? My fiance had her interview on Oct 3rd and they put her on administrative process, I hope at least they issue some K1 Visas. 

Not yet, he had missing paperwork so we are waiting till we can get that filed. :/

[ags247 1]

On 1/12/2018 at 12:49 PM, T&T2017 said:

There is a waiver program to proclamation 9645 (Travel Ban 3.0) but I believe this is done at the Consul's office at the time of the interview.  My understanding is these waivers are rarely approved but I would take a lot of documentation and try as hard as you can.  

 

(c) Waivers. Notwithstanding the suspensions of and limitations on entry set forth in section 2 of this proclamation, a consular officer, or the Commissioner, United States Customs and Border Protection (CBP), or the Commissioner's designee, as appropriate, may, in their discretion, grant waivers on a case-by-case basis to permit the entry of foreign nationals for whom entry is otherwise suspended or limited if such foreign nationals demonstrate that waivers would be appropriate and consistent with subsections (i) through (iv) of this subsection. The Secretary of State and the Secretary of Homeland Security shall coordinate to adopt guidance addressing the circumstances in which waivers may be appropriate for foreign nationals seeking entry as immigrants or nonimmigrants.

(i) A waiver may be granted only if a foreign national demonstrates to the consular officer's or CBP official's satisfaction that:

(A) denying entry would cause the foreign national undue hardship;

(B) entry would not pose a threat to the national security or public safety of the United States; and

(C) entry would be in the national interest.

Our lawyer wrote up an affidavit of hardship...but yes, it seems that if they believe a waiver is permissible they will be the ones to issue it.

[ags247 1]

On 1/8/2018 at 12:47 PM, Zohreh66 said:

Could you explain to me what is the waiver? Is it just a letter which shows our experience hardship? Or it's a form that we should apply for it

There is no form.  My fiance wrote up a letter basically stating why it would be a hardship and our lawyer made an affidavit of it.  We will submit it once he interviews again. 

18 hours ago, BNP2 said:

Was he able to get his visa? My fiance had her interview on Oct 3rd and they put her on administrative process, I hope at least they issue some K1 Visas. 

Since October?!

What does administrative process mean??

[dsufi 1]

I was wondering what happened at the interview. We are in same situation and our interview is next week. 

[BNP2 0]

On 1/19/2018 at 11:16 AM, ags247 said:

There is no form.  My fiance wrote up a letter basically stating why it would be a hardship and our lawyer made an affidavit of it.  We will submit it once he interviews again. 

Since October?!

What does administrative process mean??

Administration Process is basically a background check that unfortunately doesn't have any specific time period for processing it can be one week or couple or months or years... Based on what is mentioned on the embassies website most of the cases get resolved in 60 days, but ours didn't !!!!

 

 

[Boiler 45,486]

How could it have a specific time period?

[Tatsi 6]

On 1/20/2018 at 9:40 AM, dsufi said:

I was wondering what happened at the interview. We are in same situation and our interview is next week. 

How did your interview go. Our CR1 is on March so hear they put Syrians on AP