Travel Ban and IR1

[salhasl 113]

Given the current travel ban pursuant to Proclamation 9645, I am just trying to get some information about anyone who has applied for a waiver and received an approval?

 

Here are some cases 

http://www.aila.org/infonet/applying-for-a-waiver-pursuant-to-presidential

 

But I dont know if anyone has actually gotten a waiver?

As per

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Indefinite_Entry_Bar_Under_Executive_Order/

 

 

(iv) Case-by-case waivers may not be granted categorically, but may be appropriate, subject to the limitations, conditions, and requirements set forth under subsection (i) of this subsection and the guidance issued under subsection (ii) of this subsection, in individual circumstances such as the following:

(D) the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship;

 

My question is, has anyone gotten a waiver pursuant to this exception? 

 

[Crazy Cat 42,582]

2 minutes ago, salhasl said:

Given the current travel ban pursuant to Proclamation 9645, I am just trying to get some information about anyone who has applied for a waiver and received an approval?

 

Here are some cases 

http://www.aila.org/infonet/applying-for-a-waiver-pursuant-to-presidential

 

But I dont know if anyone has actually gotten a waiver?

As per

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Indefinite_Entry_Bar_Under_Executive_Order/

 

 

(iv) Case-by-case waivers may not be granted categorically, but may be appropriate, subject to the limitations, conditions, and requirements set forth under subsection (i) of this subsection and the guidance issued under subsection (ii) of this subsection, in individual circumstances such as the following:

(D) the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship;

 

My question is, has anyone gotten a waiver pursuant to this exception? 

 

Waivers are extremely rare as explained here: https://www.reuters.com/article/us-usa-immigration-travelban-exclusive/exclusive-visa-waivers-rarely-granted-under-trumps-latest-u-s-travel-ban-data-idUSKCN1GI2DW

[salhasl 113]

I realize that - I have read that article, it does say they are very rare. But I am trying to figure out statistics for waivers by visa class. I would think it would be rare overall, but for K1/IR1/CR1 it would be higher? Especially IR/CR? Anyone able to find this number? 

[Boiler 46,283]

So few have been issued statistical analysis would be meaningless.

[Jorge V 195]

I don't remember where but a few weeks ago I read an article that published the number that had been approved. Unfortunately I don't remember the exact number but it was crazy low. Like less than 25. Out of tens of thousands. I agree with the above comment that any sort of analysis is meaningless since the approval rate is effectively 0.

[salhasl 113]

I dont think there were 10s of thousands. The total number of visas was 8400 and 100 waivers. But I think out of 8400 IR1/CR1s would be very low to begin with. So if there were 100 IR1/CR1 and 20 got waived, that still a positive sign. More importantly, I am not sure if the CR1/IR1 waivers were denied (end of the road) for the cases filed, or just pending processing? BEcuase when the report came out 2 were approved and later on they updated the number to 100. So is it likely that more waivers are coming?

 

I would assume IR1/CR1 would have a higher waiver approval rate than others, I am just looking if anyone has hard numbers on IR1/CR1 waiver approval/denial rates.

[salhasl 113]

Im a little confused - wouldnt denying a waiver that meets the below criteria:

(D) the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship;

Be a grounds for a lawyer to be able to challenge this denial?  

Edited April 6, 2018 by salhasl

[Boiler 46,283]

You need ti read it in full.

[salhasl 113]

I have.

 

Let me rephrase the question - does anyone here know of a *Single* waiver approval for IR1/CR1? 

[Boiler 46,283]

Nope

[kris&me 572]

WASHINGTON/NEW YORK (Reuters) - In the first weeks after President Donald Trump’s latest travel ban was implemented on Dec. 8, around 100 waivers were granted to thousands of applicants for U.S. visas from the eight countries subject to its restrictions, according to State Department data provided to Reuters.

[salhasl 113]

Just now, kris&me said:

WASHINGTON/NEW YORK (Reuters) - In the first weeks after President Donald Trump’s latest travel ban was implemented on Dec. 8, around 100 waivers were granted to thousands of applicants for U.S. visas from the eight countries subject to its restrictions, according to State Department data provided to Reuters.

I am aware - I am just looking for some specifics around what these waivers were for? Were these CR1/IR1 waivers? I would assume spouses and children would be ideal candidates for waivers. 

 

 

 

[kris&me 572]

The best i can find out

Waivers may be appropriate in the following circumstances where an applicant:

• Has previously been admitted to the United States for a continuous period of long-term activity, is outside the United States on the effective date of the proclamation, seeks to reenter the United States to resume that activity, and the denial of reentry would impair that activity;
• Has previously established significant contacts with the United States but is outside the United States on the effective date of the proclamation for work, study, or other lawful activity;
• Seeks to enter the United States for significant business or professional obligations and the denial of entry would impair those obligations;
• Seeks to enter the United States to visit or reside with a close family member who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid non-immigrant visa, and the denial of entry would cause undue hardship;
• Is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;
• Has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee) and the employee can document that he or she has provided faithful and valuable service to the United States Government; or
• Is traveling as a United States Government-sponsored exchange visitor.

 

 

[David & Diana R 1,005]

2 hours ago, salhasl said:

I am aware - I am just looking for some specifics around what these waivers were for? Were these CR1/IR1 waivers? I would assume spouses and children would be ideal candidates for waivers. 

 

 

 

With all due respect...you apparently have all the answers already and are only being argumentative with people who are trying to help you.. I am confused.

[salhasl 113]

24 minutes ago, David & Zoila said:

With all due respect...you apparently have all the answers already and are only being argumentative with people who are trying to help you.. I am confused.

Just asking if there is anyone anywhere who has actually gotten or knows anyone who has gotten a waiver approved and a IR1/CR1 visa. Out of the 100 waivers was there anyone on a CR1/IR1?

 

Trying to keep the query as concise as possible. Not being argumentative. We are all frustrated.