Trump's Travel Ban Mega Thread

[Treasure1 236]

56 minutes ago, Mike E said:

And my prediction, at least for K-1 visas processed in Myanmar for Myanmar citizens turns out to be true.  
 

https://mm.usembassy.gov/faq-on-212f-visa-restrictions-for-burma-under-presidential-proclamation/

 

Q: Will these new restrictions affect fiancé visas or asylee and refugee following-to-join spouse and children (V92 and V93, respectively)?
A: No. The Proclamation only restricts the entry of immigrant and diversity visa applicants from the subject countries.

 

A K-1 Visa is a non-immigrant Visa.  K-1s can be removedas easily (or nearly so) as B-1s and B-2s.  So it makes sense. 

Please do you think this will apply to Nigerian K1 applicants too? 

[Mike E 11,730]

3 minutes ago, Treasure1 said:

Please do you think this will apply to Nigerian K1 applicants too? 

Each embassy should be interpreting the rules the same and so I would expect Nigerian K-1 applicants to be immune from this ban.  

[Treasure1 236]

7 minutes ago, Mike E said:

Each embassy should be interpreting the rules the same and so I would expect Nigerian K-1 applicants to be immune from this ban.  Alright,  thank you

 

8 minutes ago, Mike E said:

Each embassy should be interpreting the rules the same and so I would expect Nigerian K-1 applicants to be immune from this ban.  

Alright,  thank you

[Mike E 11,730]

On 2/17/2020 at 8:48 AM, S&Pro said:

However, that is NOT the reason the current administration gave for the ban, the reason were for security issues which makes zero sense considering ONLY immigrant visas are being banned.

Incorrect.  From the Proclamation:

 

Consistent with the January 2020 proposal, I have prioritized restricting immigrant visa travel over nonimmigrant visa travel because of the challenges of removing an individual in the United States who was admitted with an immigrant visa if, after admission to the United States, the individual is discovered to have terrorist connections, criminal ties, or misrepresented information.  
 

There is a difference in the status of immigrants versus non immigrants, and that is why I predicted (correctly) K-1s would be example. A K-1 is for many intents and purposes the lowest of the low in terms of status, at least until the K-1 marries.  And even then the status is quite tenuous,’especially after the authorized stay expires.  

[S&Pro 29]

29 minutes ago, Mike E said:

Incorrect.  From the Proclamation:

 

Consistent with the January 2020 proposal, I have prioritized restricting immigrant visa travel over nonimmigrant visa travel because of the challenges of removing an individual in the United States who was admitted with an immigrant visa if, after admission to the United States, the individual is discovered to have terrorist connections, criminal ties, or misrepresented information.  
 

There is a difference in the status of immigrants versus non immigrants, and that is why I predicted (correctly) K-1s would be example. A K-1 is for many intents and purposes the lowest of the low in terms of status, at least until the K-1 marries.  And even then the status is quite tenuous,’especially after the authorized stay expires.  

I am not sure I fully understand your statements. Are you saying that K-1 visas are exempt from the ban? That would be awesome if that was really the case, but from what I understand although it is technically a non-immigrant visa, it is treated as an immigrant visa as the purpose of it is to immigrate. However I really wish you are correct if that is what you are saying

[FutureMrsDonald 14]

On 2/1/2020 at 5:23 AM, CaylinObinna said:

So my husband's interview date is February 10th..our immigration laywer told us that in Nigerian they already do the biometrics ect the day of interview. He said that if everything goes smoothly at his interview and that if he is told he is being aproved that day(even if he does not have visa in hand by February 22nd) that means that he should be exempt from this...does anyone else know or have an opinion on this? His interview being so close. They say 7 to ten buisness days typically for the visa to actual be issued out for him to pick up. 

My fiance had his interview feb 11th for K1 and was approved. It is the 19th and no issuance yet. Did you get any clear answers to this?

[J+J 49]

Here is some additional information that might be useful, I haven't seen it linked before

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html

 

K-1 is a non-immigrant visa, so for some nationalities, including Nigeria, non-immigrant visas have "no restrictions".  Based on this it would appear to me that K-1 visas will continue to be processed in the countries listed in the link that say "no restrictions" under the non-immigrant visa category.  My attorney reached the same conclusion, so hopefully this is all correct and is the path forward for a lot of us.  

 

Good luck everybody...we will get there

[Treasure1 236]

22 minutes ago, J+J said:

Here is some additional information that might be useful, I haven't seen it linked before

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html

 

K-1 is a non-immigrant visa, so for some nationalities, including Nigeria, non-immigrant visas have "no restrictions".  Based on this it would appear to me that K-1 visas will continue to be processed in the countries listed in the link that say "no restrictions" under the non-immigrant visa category.  My attorney reached the same conclusion, so hopefully this is all correct and is the path forward for a lot of us.  

 

Good luck everybody...we will get there

Thank you so much for the positive vibes.  Let's keep our fingers crossed,  I'm positive and optimistic about this 

[LizzyGreen 110]

56 minutes ago, Treasure1 said:

Thank you so much for the positive vibes.  Let's keep our fingers crossed,  I'm positive and optimistic about this 

I think K-3 Visa will also be appropriate married applicants.

 

How best can we get a waiver?

 

My husband takes care of his sick parents right now and my mom isn't working in the usa at the moment. My hubby is struggling right now to pay the Bill's for himself and his parents and take care of me.

 

Is this a good reason for undue hardship to a USC? And what documents will be required of me to support my claims

 

Thanks 

Edited February 19, 2020 by Angel4love

[LizzyGreen 110]

2 hours ago, FutureMrsDonald said:

My fiance had his interview feb 11th for K1 and was approved. It is the 19th and no issuance yet. Did you get any clear answers to this?

He will be eligible to travel. I went on the website to read today. The proclamation does not affect those with a valid visa.

 

Consular officers will not be granting visa after the 21st of February 2020, to immigrant except you are eligible for a waiver.

[Justxxxx 56]

I

[geowrian 22,336]

I've had a few conversations with both wise VJ members and some professionals.

The expectation from the vast majority of them is that the ban will impact K-1s. But nobody is certain until either DOS clarifies their stance or people are actually issued or refused the visas under that provision.

 

The wording in the proclamation does only say immigrant visas. A K-1 is a non-immigrant visa. So it makes sense that it does not apply if strictly interpreted.

At the same time, I would also refer to the previous proclamation that SCOTUS ruled on. See the full text here: https://www.whitehouse.gov/presidential-actions/presidential-proclamation-enhancing-vetting-capabilities-processes-detecting-attempted-entry-united-states-terrorists-public-safety-threats/.

This only says immigrants as well, but has actually been applied to K-1s as well.

 

Chad: "The entry into the United States of nationals of Chad, as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is hereby suspended."

Libya: "The entry into the United States of nationals of Libya, as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is hereby suspended."

Yemen: "The entry into the United States of nationals of Yemen as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is hereby suspended."

 

A strict reading of the above also implies that K-1 visas are not impacted. But the reality is they were.

 

For future reference, the DOS has actually provided a fairly handy summary of the restrictions:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html?wcmmode=disabled

 

Edit: I saw a reference to K-3s. The issue here is that the petitions to proceed with a K-3 almost never make it to the consulate int he first place. And the travel ban doesn't impact petitions, so I'm doubtful USCIS or NVC will change their processes to allow them to make it that far. They have not thus far with the existing bans.

Edited February 20, 2020 by geowrian

[J+J 49]

1 hour ago, geowrian said:

The expectation from the vast majority of them is that the ban will impact K-1s. But nobody is certain until either DOS clarifies their stance or people are actually issued or refused the visas under that provision.

I take your point that nobody can be certain, but the evidence in the link that you posted (and I posted earlier) pretty clearly reads that the expanded ban does NOT impact non-immigrant visas, compared to the original proclamation that pretty clearly read that it DID impact non-immigrant visas. 

 

Additionally not sure if you saw my earlier post (this thread moves quickly) regarding the Myanmar embassies interpretation of the proclamation and their intent to process K-1's.  I haven't been able to find how other embassies have declared they will respond, and to your point, we won't know for sure until a few days from now...but everything I have read indicates this ban is not quite the same as the previous.  

 

I suppose we will all see very soon.

[geowrian 22,336]

40 minutes ago, J+J said:

I take your point that nobody can be certain, but the evidence in the link that you posted (and I posted earlier) pretty clearly reads that the expanded ban does NOT impact non-immigrant visas, compared to the original proclamation that pretty clearly read that it DID impact non-immigrant visas. 

I'm not sure we are on the same page. How exactly does:

"No restrictions under PP 9645 or PP 9983"

vs

"No B-1, B-2, and B-1/B-2 visas"

 

Imply that there is a material difference between them for K visas? The former implies no restrictions. The latter implies no restrictions except for B visas. The lack of anything denoting K visas would imply that K visas are treated equally.

 

(And I did just now see your post with the link. I had not seen it prior to posting, sorry).

 

Quote

Additionally not sure if you saw my earlier post (this thread moves quickly) regarding the Myanmar embassies interpretation of the proclamation and their intent to process K-1's.  I haven't been able to find how other embassies have declared they will respond, and to your point, we won't know for sure until a few days from now...but everything I have read indicates this ban is not quite the same as the previous.  

Yup, I did. I discussed it with a couple members earlier today, actually.

It does say K-1s won't be impacted for Myanmar. I'm not doubting that in the least. It is in conflict with prior determinations.

 

Quote

I suppose we will all see very soon.

Exactly. I do not know how it will be treated. I just think some people are getting ahead of themselves and setting things up for a possible huge heartache.

It's better, IMHO, to expect the worst. Planning is good for positive events, but crucial for negative ones.

Edited February 20, 2020 by geowrian

[J+J 49]

8 minutes ago, geowrian said:

It's better, IMHO, to expect the worst. Planning is good for positive events, but crucial for negative ones.

I agree.  So on that note, based on the current ambiguity, are embassies free to give out K-1 visas until the DOS explicitly clarifies to not approve K-1s?  Will it vary by embassy?