Trump's Travel Ban Mega Thread

[SorrowL 138]

Just now, Patricia Owuh said:

I've heard the waivers everyone is talking about will be very difficult to get and costly. Three different immigration lawyers have said this.

Difficult and costly yes, but theoretically a method. Not a method for everyone, but for some. 

[Kayboy 9]

Has anyone received their visas since the announcement of the ban? Seems all the people that has gone for interview are still pending.. 

[Kayboy 9]

1 hour ago, SorrowL said:

Has anyone received their visas since the announcement of the ban? Seems all the people that has gone for interview are still pending.. 

 

[SorrowL 138]

17 minutes ago, Kayboy said:

Has anyone received their visas since the announcement of the ban? Seems all the people that has gone for interview are still pending.. 

The most recent CR/IR1 and K1 visa received dates are:

January 29th, 2020 - CR/IR1

January 24th, 2020 - K1

 

Do note that these are dates provided by other users in their timeline. Some people do not have a timeline on the site, also not everyone at the Nigerian consulate uses this site. It also does not reflect "visa issuance" dates, but the dates people actually GOT their visa in their hand. 

[Kayboy 9]

1 minute ago, SorrowL said:

Oh ok.. thanks sir

 

[FPope 64]

5 hours ago, Kayboy said:

Has anyone received their visas since the announcement of the ban? Seems all the people that has gone for interview are still pending.. 

Yes people have been getting visas. Check the thread for "case complete to interview march 2020." You will see lagos is still issuing visa as of today. The ban does not affect those with interviews before feb 22. So embassy would still proceed as normal until then. In my view, the issue is there wont be interview as from feb 22. What i dont know is what will happen to those whose interview dates are feb 24.

[Alimanu 77]

6 hours ago, Kayboy said:

Has anyone received their visas since the announcement of the ban? Seems all the people that has gone for interview are still pending.. 

YES, I know someone that aced his interview today 6/2/2020... so the visa is there if you have a genuine case.

Edited February 7, 2020 by Alimanu

[FPope 64]

Has anyone spoken to NVC since the announcement about how the ban impacts cases? I was thinking nvc would update their website with some FAQS. I had a chat with one of the advisers in the nigeria presidency today. He said govt is seriously working with US to resolve the issue and we should be hopeful but i always find it difficult to believe people in govt. 

[Mrs Akintomide 100]

1 hour ago, FPope said:

Has anyone spoken to NVC since the announcement about how the ban impacts cases? I was thinking nvc would update their website with some FAQS. I had a chat with one of the advisers in the nigeria presidency today. He said govt is seriously working with US to resolve the issue and we should be hopeful but i always find it difficult to believe people in govt. 

Although I didn't call NVC but I have called US Embassy in Lagos, Nigeria three times already and they said there is no new information about the ban, also they are still issuing visa for people with interview dates. She also said there will be an update on ustraveldocs.com/ng for people from Nigeria when they receive a new information about the Ban.

Edited February 7, 2020 by Mrs Akintomide

[FPope 64]

26 minutes ago, Mrs Akintomide said:

Although I didn't call NVC but I have called US Embassy in Lagos, Nigeria three times already and they said there is no new information about the ban, also they are still issuing visa for people with interview dates. She also said there will be an update on ustraveldocs.com/ng for people from Nigeria when they receive a new information about the Ban.

Okay thanks. The only prayer on my lips is for nigeria and US to resolve this issue before feb 22. Just maybe we may be removed from the list before it commences. It looks impossible but I know God answers prayers.

[FPope 64]

Guys, i found this link below about FAQs for the previously banned countries on NVC website. When i scrolled down on the page, i found a part that said applicants should proceed with nvc processing and a consular officer would determine if the applicant is qualified for a waiver. It also said there is no application form for a waiver, it's purely at the discretion of the CO based on the information provided to them by the applicant during the interview.

The part i dont get is does it mean nvc will continue to schedule interview despite the ban?

If a CO does not think an applicant who would have been approved for a visa (if there was no ban) is qualified for a waiver, does that mean the visa will be refused or it would be left pending till whenever the ban is lifted?

It doesn't make sense to me if it is refused. In my view, not scheduling interview at all makes more sense because the truth is only few exceptional cases would qualify for a waiver. If they keep scheduling interview and people dont qualify for waiver it means all the time, money and emotional stress invested into the process has come to a complete waste and the only route in my view would be to start all over again when the ban is lifted.

Guys please take a look at the link maybe i am the one not understanding the points there.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/june_26_supreme_court_decision_on_presidential_proclamation9645.html

Edited February 7, 2020 by FPope

[geowrian 22,337]

3 minutes ago, FPope said:

Guys, i found this link below about FAQs for the previously banned countries on NVC website. When i scrolled down on the page, i found a part that said applicants should proceed with nvc processing and a consular officer would determine if the applicant is qualified for a waiver. It also said there is no application form for a waiver, it's purely at the discretion of the CO based on the information provided to them by the applicant during the interview.

Yes, all correct.

 

3 minutes ago, FPope said:

The part i dont get is does it mean nvc will continue to schedule interview despite the ban?

Yes, they should. The visa process does not stop....it is an inadmissability for the visa.

3 minutes ago, FPope said:

If a CO does not think an applicant who would have been approved for a visa (if there was no ban) is qualified for a waiver, does that mean the visa will be refused or it would be left pending till whenever the ban is lifted?

If the CO recommends a waiver, they will submit one and await a response.

If the CO does not recommend a waiver, the visa will be refused due to the inadmissibility. The petition will generally remain at the consulate for a year before being sent back. After some time (2 years I think?) the I-130 will be destroyed per retention and disposal policies.

If the inadmissibility no longer applies while the consulate has the petition (i.e. the ban no longer applies), they will be able to issue the visa. Another medical or other documents may be needed if they have expired by then.

 

3 minutes ago, FPope said:

It doesn't make sense to me if it is refused. In my view, not scheduling interview at all makes more sense because the truth is only few exceptional cases would qualify for a waiver. If they keep scheduling interview and people dont qualify for waiver it means all the time, money and emotional stress invested into the process has come to a complete waste and the only route in my view would be to start all over again when the ban is lifted.

They won't know who qualifies for the waiver until they do the interview, determine that you are otherwise eligible for the visa, then decide to recommend a waiver or not. They do not know who they will recommend beforehand...they may have an idea, but they won't make a decision until at least the interview.

Every waiver recommendation is on a case by case basis - there is no blanket coverage for a class of aliens.

They won't know who will actually get the waiver approved until it is actually approved. They submit the waiver and await a response...it is not adjudicated at the consulate.

[FPope 64]

8 minutes ago, geowrian said:

Yes, all correct.

 

Yes, they should. The visa process does not stop....it is an inadmissability for the visa.

If the CO recommends a waiver, they will submit one and await a response.

If the CO does not recommend a waiver, the visa will be refused due to the inadmissibility. The petition will generally remain at the consulate for a year before being sent back. After some time (2 years I think?) the I-130 will be destroyed per retention and disposal policies.

If the inadmissibility no longer applies while the consulate has the petition (i.e. the ban no longer applies), they will be able to issue the visa. Another medical or other documents may be needed if they have expired by then.

 

They won't know who qualifies for the waiver until they do the interview, determine that you are otherwise eligible for the visa, then decide to recommend a waiver or not. They do not know who they will recommend beforehand...they may have an idea, but they won't make a decision until at least the interview.

Every waiver recommendation is on a case by case basis - there is no blanket coverage for a class of aliens.

They won't know who will actually get the waiver approved until it is actually approved. They submit the waiver and await a response...it is not adjudicated at the consulate.

Thanks a lot for responding. Just to be clear,  are you saying if a person is refused based on the ban, the petition remains at the embassy for about a year. If during this period, the ban is lifted, the person then be contacted by the embassy so can be given visa or does the refusal put an end to the whole process?

[geowrian 22,337]

5 minutes ago, FPope said:

Thanks a lot for responding. Just to be clear,  are you saying if a person is refused based on the ban, the petition remains at the embassy for about a year. If during this period, the ban is lifted, the person then be contacted by the embassy so can be given visa or does the refusal put an end to the whole process?

The petition should remain at the consulate for a year, unless determined invalid. This proclamation is a visa inadmissibility...it does not impact the validity of the petition. So it should remain there.

I'll see if I can find something in the FAM to confirm, but that's my understanding of the timeline they hold an I-130.

If the ban is lifted, the inadmissibility should no longer apply and therefore the refusal will be overcome (assuming no other issues discovered, obviously).

 

Edit: It appears that it would fall under this: https://fam.state.gov/fam/09FAM/09FAM050413.html

Edited February 7, 2020 by geowrian

[FPope 64]

6 minutes ago, geowrian said:

The petition should remain at the consulate for a year, unless determined invalid. This proclamation is a visa inadmissibility...it does not impact the validity of the petition. So it should remain there.

I'll see if I can find something in the FAM to confirm, but that's my understanding of the timeline they hold an I-130.

If the ban is lifted, the inadmissibility should no longer apply and therefore the refusal will be overcome (assuming no other issues discovered, obviously).

 

Edit: It appears that it would fall under this: https://fam.state.gov/fam/09FAM/09FAM050413.html

Wow. This is even more difficult and more depressing. I would have felt better if no interview is schedules at all until ban is lifted. Those waiver requirements are tough to meet. Thanks so much for taking time to explain the points. I wish all of us caught in this ugly situation all the best.