Immigration Suspension Executive Order - MEGA THREAD

[Thekingandqueen 1]

 

 

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President Trump's Executive Order on Suspension of Immigration

BACKGROUND   Last night, President Trump tweeted that he will suspend US immigration. In light of our analysis below, we don’t think it is going to be really that bad but let's see.

Last night, the entire US immigrant community’s hearts sank in dark of the following statement by President Trump.    “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!   The news was reported in the following sources with hearsay duration for suspension from 60 days to 120 days and possible exemption for H-2 seasonal workers and healthcare workers. Some singled out family members of US citizens.       https://www.washingtonpost.com/immigration/coronavirus-trump-suspend-immigration/2020/04/21/464e2440-838d-11ea-ae26-989cfce1c7c7_story.html   https://www.cnn.com/2020/04/20/politics/donald-trump-immigration-halt-coronavirus/index.html   https://thehill.com/homenews/administration/493939-trump-vow-suspend-immigration-leaves-key-questions-unanswered   https://www.wsj.com/articles/trump-order-would-temporarily-bar-family-members-of-u-s-citizens-foreign-workers-from-immigrating-11587504410   The executive order may be officially released tomorrow (4/22/2020). Overall, it is not going to be that bad unless the order does not make any sense for what it purports to do.   First, since the wording is “suspension” and the 60-day or 120-day duration in the news, it will make whatever measure a moratorium rather than termination. Basically, it will be temporary.     Second, if the purpose of the executive order is to save jobs for US citizens and existing US permanent residents, then the measure must be presumably effective during the suspension period.   What categories of immigrant visa or benefits and what particular benefits, if not suspended, would make the otherwise new immigrants take jobs during the short 60 or 120 day period?   The answer is only 1) those who have employment based I-140 or I-526 approvals whose priority dates have just become current and can file adjustment of status or have consular interviews scheduled in the next few months 2) those who have employment based I-140 or I-526 approvals from a country not subject to visa backlog and ready to file adjustment of status or have consular interview scheduled in the next few months 3) immediate relatives of US citizens (never have backlogs) 4) immediate relatives of US permanent resident (those who currently do not have backlogs) 5) newly selected H-1B applicants in fiscal year 2020 and any other new non-immigrant visa except H-2 and health care 6) Asylum seekers, U Visa, VAWA currently applying for Employment Authorizations Documents.   First, please pay attention to the President’s wording “into”. As with all previous Islam ban and travel ban, those bans have been bans “into” the border. In our jargon, the ban has been on the consular processing, but not adjustment of status. The Islam travel ban does not apply to adjustment of status and never displaces those currently legally residing in US. Therefore, we anticipate and at least hope that the order may only affect those that have consular processing interviews in the next few months (but most consulates won’t open until June 2020 anyway).    Second, even we assume that the executive order will affect those adjusting status or changing status in the US, we still think 1) the executive order will not displace existing jobs in terms of terminating currently valid H-1B or suspending H-1B extension applications because doing so hurt the already weakened economy. The news about re-validating LCA for H-1B seems to be in line with this surmise. 2) the order will not affect immigration applicants from visa backlogged countries because doing so has no real economic impact as they are backlogged already. In another word, there is no point for the USCIS to suspend receiving the I-140 applications, especially with the $700 application fee. Doing so will only hurt USCIS in the suspension period and does not help US citizens get jobs.   Therefore, what to do?    1)    For the five categories above, file the AOS application as soon as possible and hopefully before the executive order effective date and then pray.   2)    For those with visa backlogs, start working with your attorney to prepare for a stellar immigration petition and file as soon as possible.    3)    Always apply for your status extension as early as possible (6 months in advance) whatever your status is, even you think you are inches away from getting permanent residency.    Let's wait and see.

Washington D.C. | Los Angeles

This newsletter is for information only and can not be relied upon before official attorney client relationship is established. For additional questions, please contact us at the following. We represent immigrants from our offices in Washington DC and Los Angeles. If you need professional attorney's assistance, please contact us at info@usa-immigration-law.com or call 301-761-1617 or 626-219-7885.

[nykolos 711]

Not much optimism in this thread, try thinking positive and avoid raising your blood pressure and that of your beneficiary.... but the uncertainty is driving you crazy and you want peace of mind right? well you're not going to get it, at least not until the details of the EO come out, So again, think the best case scenario, not the worst, Relax, take a couple shots of Tequila and watch re-runs of Gilligan's Island, it works for me  

 

[Andres1987 13]

5 minutes ago, nykolos said:

Not much optimism in this thread, try thinking positive and avoid raising your blood pressure and that of your beneficiary.... but the uncertainty is driving you crazy and you want peace of mind right? well you're not going to get it, at least not until the details of the EO come out, So again, think the best case scenario, not the worst, Relax, take a couple shots of Tequila and watch re-runs of Gilligan's Island, it works for me  

 

It's a bit difficult to relax right now, at least for me, my Visa expires next month on the 25th, I've been stuck here due to quarantine and airport closure so I've been unable to travel even with ticket in hand, and I'm afraid the embassy will tell me 'too bad, so sad' when trying to get a new visa after it expires thanks to all this, I'm a huge mess right now.

[millefleur 5,043]

**Further derailing threads removed. If you want to debate about news sources and what news sources are trustworthy and which aren't, please go to the CEHST forum**

 

VJ Moderation

[Dashinka 24,108]

23 minutes ago, Andres1987 said:

It's a bit difficult to relax right now, at least for me, my Visa expires next month on the 25th, I've been stuck here due to quarantine and airport closure so I've been unable to travel even with ticket in hand, and I'm afraid the embassy will tell me 'too bad, so sad' when trying to get a new visa after it expires thanks to all this, I'm a huge mess right now.

The whole Covid19 pandemic has pretty much turned immigration on its head.  If you go back to the regional forum for China you will see similar threads from back in late January where folks were dealing with expiring visas and travel restrictions.  It appears the details of the EO are still not known, so we still have to wait and see what will be impacted.

[Andres1987 13]

2 minutes ago, Dashinka said:

The whole Covid19 pandemic has pretty much turned immigration on its head.  If you go back to the regional forum for China you will see similar threads from back in late January where folks were dealing with expiring visas and travel restrictions.  It appears the details of the EO are still not known, so we still have to wait and see what will be impacted.

Crossing fingers it will allow flexibility, I'm heading over to the US Embassy tomorrow even though my Visa hasn't expired yet as they're still open, I had contacted them about 2 weeks ago and said they could reissue one for $325, they didn't give details asides that I should write a letter explaining why I couldn't travel and bring it with me along with my passport, printed email and sealed visa packet, wish me luck.

[nykolos 711]

39 minutes ago, Andres1987 said:

It's a bit difficult to relax right now, at least for me, my Visa expires next month on the 25th, I've been stuck here due to quarantine and airport closure so I've been unable to travel even with ticket in hand, and I'm afraid the embassy will tell me 'too bad, so sad' when trying to get a new visa after it expires thanks to all this, I'm a huge mess right now.

Keep in mind that it's by no fault of your own and you're not alone in this situation.. Worst case, the Embassy will remedy the situation for Visa holders,  I don't see them kicking you to the curb, Just make sure to save all your flight information as proof.. And if you haven't already, call the Airline and inquire about your flight, also inquire about your re-booking alternatives... I myself have a flight booked out of the US to the Philippines in late May, PAL is on schedule to resume flights to the US on May 1st, and I'm sure many others are too, hopefully yours will be included.   

[LeoUSA 57]

So guys what do we know now regarding exemptions? Will the spouses of US citizens be exempted? Im reading everywhere and Its just messy 😕

 

 

[Raizee 93]

I am based in Dubai and i have my K1 approved visa stamped on my passport, i am unable to fly due to COVID travel restrictions, my visa is expiring end of June.

 

Just now i have contacted the US embassy and they told me  that they have not received any official information on the new ordinance, but she asked me to drop an email to support and they will get back to me if the Visa extension is possible due to the current situation. 

 

Got visa after 13 months long process and now this stupid situation... ohh God save us  

Edited April 22, 2020 by Raizee

[Ieeeeeees 38]

6 minutes ago, LeoUSA said:

So guys what do we know now regarding exemptions? Will the spouses of US citizens be exempted? Im reading everywhere and Its just messy 😕

 

 

Everything that's being posted right now is just speculation. Unfortunately, we'll all have to wait until the official EO is released.

Edited April 22, 2020 by Ieeeeeees
add

[Jojojijo 1]

3 minutes ago, Ieeeeeees said:

Everything that's being posted right now is just speculation. Unfortunately, we'll all have to wait until the official EO is released.

Everywhere only us citizens having considerations,lpr also needed,F2a is long process around 3-3.5 years compare to ir1 or ir1’s 1 year,and no one talking about F2a category,it is very sad and such a long long journey end

[stephanie918 46]

9 minutes ago, Raizee said:

I am based in Dubai and i have my K1 approved visa stamped on my passport, i am unable to fly due to COVID travel restrictions, my visa is expiring end of June.

 

Just now i have contacted the US embassy and they told me  that they have not received any official information on the new ordinance, but she asked me to drop an email to support and they will get back to me if the Visa extension is possible due to the current situation. 

 

Got visa after 13 months long process and now this stupid situation... ohh God save us  

keep us updated

[Raizee 93]

8 minutes ago, stephanie918 said:

keep us updated

Surely i will, 

i will wait till tomorrow before sending the email to see if some further details come out for EO.

 

I dont want they give us useless information just to get rid of my email  

 

[Lskifghj 53]

On 4/21/2020 at 3:27 AM, jasonlzak said:

If the point is to slow down the spread of the virus and you are outside the US, you will be definitely subjected to this policy. My condolence to the folks that got their visa but can't travel due to international flights lockdown, this pandemic could last for years hence this EO will. If you got visa and can travel to the US, book a flight ASAP.

 

 

 

 

How can you book a flight if there is a flight ban that trump put on almost all countries?

[0NI 112]

I wonder how this will affect K1 filers.