Immigration Suspension Executive Order - MEGA THREAD

[JonSeattle 202]

1 minute ago, juancarlos said:

K1 is an immigrant visa, isn't it?

"The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. "

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#1

[Sweetdreaming 397]

Just now, juancarlos said:

K1 is an immigrant visa, isn't it?

no it only allows someone into the country to get married, they can then leave the country if they wanted. Most after marriage then adjust this non immigrant status through AOS.

[Dashinka 24,494]

1 minute ago, ashley_ann said:

Sorry I know everyone is going nuts and we are all trying to understand. 
 

There seems to be some grey area between us being banned and exempt if we are in fact NIVs. 
 

Do you think it would be worth an email to a consulate to get clarification? 

NIVs like a K1 fill out the DS160, not the DS260, then they have to come get married before they can even consider applying for a GC/EAD through AOS.  Any K1 issued when the consulates reopen would be 6 or more months before they can work legally.  I realize it is not plainly worded I the EO, but a K1 is a non immigrant visa.

[Louis61404 133]

3 minutes ago, Lil bear said:

But not parent   IR5 not included in exemption. 

Correct.  They fall under the ban.

[geowrian 22,337]

4 minutes ago, Mikepeter said:

So if my Dad has visa in hand outside the US, he is ok to enter ?! 

Yes. Existing visas are not impacted.

3 minutes ago, Lil bear said:

But not parent   IR5 not included in exemption. 

Correct.

1 minute ago, mandsophia said:

this EO mentions nothing about removal of conditions for current LPRs or naturalization, i assume these are not subject to the ban?

Correct.

[juancarlos 126]

You guys are right. My mistake

[vince4492 1]

Alright, so now the next question is - say youre exempt. Does this cancel out the Schengen travel ban (if you're coming from the schengen area)?

As in, can one travel to the U.S (if youre exempt as per the new EO) despite being from the Schengen Area? 

[Sweetdreaming 397]

Just now, ayestaci said:

I feel like we need a FAQ, lol, just jumping in to see if I can help people before they get lost in a sea of replies.

 

— If you already have a visa, regardless of what kind, you can enter. The visa has been issued. No takebacks.

 

— If you're the spouse of a United States citizen, the application can continue, the order does not affect you. Same for children under 21 of United States citizens. 

 

— Children over 21 are subject to the ban, regardless of if they're the child of a citizen or legal permanent resident.

 

**unless you have the visa as in point 1, i think ?

 

— Spouses and other immediate relatives of legal permanent residents are NOT exempt. You are subject to the ban/delay if the person waiting for you in the US (or with you outside of it) is not a citizen, but a legal permanent resident.

 

— If you are already in the United States adjusting status, it does not apply to you. You are fine.

 

(I think I got the gist of the questions but sorry if something is wrong, will happily edit.)

 

 

 

[Dashinka 24,494]

1 minute ago, Unlockable said:

Now that the Executive Order has been signed, there may be something in place by the team to list the details. Give us time to gather the details as we want it to be as accurate as possible and to discuss how it will be on the forum.

Look for @geowrian’s summary a few pages back.  A good place to start.

[MattyUKtoUS 242]

So in the case that your visa type is exempt and you were due to get a green card through that visa - CR1 in this case. There will be no ban on new green cards being issued? 

 

Thanks in advance for anyone who can clear that specific question.

 

Matt

[Dashinka 24,494]

Just now, vince4492 said:

Alright, so now the next question is - say youre exempt. Does this cancel out the Schengen travel ban (if you're coming from the schengen area)?

As in, can one travel to the U.S (if youre exempt as per the new EO) despite being from the Schengen Area? 

No, travel restrictions are a separate issue.

[mandsophia 160]

1 minute ago, skjourney said:

 

and permanent residents themselves are not subject to the ban 

[GregandNatty 195]

1 minute ago, Dashinka said:

Look for @geowrian’s summary a few pages back.  A good place to start.

 

Yeah that is a great summary.  Should be pinned at the top end of this thread.   This treat has grown by like 20 pages inside of 30 minutes. 

[Mikepeter 21]

1 minute ago, geowrian said:

Yes. Existing visas are not impacted.

Correct.

Correct.

I am just little confused my dad had visa IR5 so he is ok or he is banned ?! 
Sorry but i am totally  confused.

[ashley_ann 179]

1 minute ago, Dashinka said:

NIVs like a K1 fill out the DS160, not the DS260, then they have to come get married before they can even consider applying for a GC/EAD through AOS.  Any K1 issued when the consulates reopen would be 6 or more months before they can work legally.  I realize it is not plainly worded I the EO, but a K1 is a non immigrant visa.

Thank you for providing some clarity, you’re right it’s not written very well in EO.