White House Petition to Add Executive Order Exception for Immediate Family Members and Fiances

[ram1009 43]

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

 

Here is the full text of the EO.  I post it here because it will answer many of the questions being asked about the effect of the EO.  If there's a better place or another place let me know or feel free to move  it yourself.

[April M 28]

On 4/22/2020 at 6:16 AM, Harjot kaur said:

Can I sign this and my Husband too..??? I am a green card holder. Living in US..! Waiting for my spouse..?

please help me..?

I heard that it would be best to read the whole thing and get a clear idea of what it states. Family I think states differently. And that might not include ones that already have their documents in. Go read and understand more, I know I have to now too.  

[April M 28]

On 4/22/2020 at 10:08 AM, DianaT said:

Same situation, here!!!

I don't think so 

[Harjot kaur 3]

6 minutes ago, April M said:

I don't think so 

😭

[April M 28]

1 hour ago, April M said:

I heard that it would be best to read the whole thing and get a clear idea of what it states. Family I think states differently. And that might not include ones that already have their documents in. Go read and understand more, I know I have to now too.  

Here is the link and tells everyone who is an exception to the proclamation:

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

 

[April M 28]

2 hours ago, April M said:

I don't think so 

Here is the link and tells everyone who is an exception to the proclamation:

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

 

3 hours ago, April M said:

I heard that it would be best to read the whole thing and get a clear idea of what it states. Family I think states differently. And that might not include ones that already have their documents in. Go read and understand more, I know I have to now too.  

Here is the link and tells everyone who is an exception to the proclamation:

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

 

[vkrishn 97]

I might have missed this so trying to get the clarity. The petition does not explicitly say whether parents  of USC (IR-5)who are supposed to be Immediate relatives per USCIS but part of EO are included as part of this petition as well. Can someone please confirm? 

Edited April 26, 2020 by vkrishn

[April M 28]

10 hours ago, vkrishn said:

I might have missed this so trying to get the clarity. The petition does not explicitly say whether parents  of USC (IR-5)who are supposed to be Immediate relatives per USCIS but part of EO are included as part of this petition as well. Can someone please confirm? 

For the most part it only last for 60days starting from April 23, 2020 so that is all it is and he might put in place a different one later but may not be need if we are doing ok. I don't think it affects anyone that would course human hardship of any kind as I can see. It's only to provide open work for Americans . It clearly states that the person working on the case at USCIS or Embassy has the last say but needs to stay within the guide lines. That is what bothers me the most because each person can be biased depending on many variables of circumstances. That could or could not affect each case depending on the person in charge. That's why we need lawyers in some cases. I would like to believe that every human being can be fair and just but that's not always how it is. Just in my opinion alone I think that the case you are talking about is fine. I think we all have to wait to some extent in light of the circumstances at this particular time. but I'm sure there's somebody more qualified to answer your question that has more information. 

[vkrishn 97]

25 minutes ago, April M said:

For the most part it only last for 60days starting from April 23, 2020 so that is all it is and he might put in place a different one later but may not be need if we are doing ok. I don't think it affects anyone that would course human hardship of any kind as I can see. It's only to provide open work for Americans . It clearly states that the person working on the case at USCIS or Embassy has the last say but needs to stay within the guide lines. That is what bothers me the most because each person can be biased depending on many variables of circumstances. That could or could not affect each case depending on the person in charge. That's why we need lawyers in some cases. I would like to believe that every human being can be fair and just but that's not always how it is. Just in my opinion alone I think that the case you are talking about is fine. I think we all have to wait to some extent in light of the circumstances at this particular time. but I'm sure there's somebody more qualified to answer your question that has more information. 

Thanks.  It still did not answer my question about the change.org petition and what does it cover. I see fiance seems to be covered but did not say about spouse of LPR and parents of USC explicitly. 

 

On this, "It's only to provide open work for Americans", this EO doesn't really do much with respect to that. If the EO had covered H-1 and H-4 EAD (where a person with H-4 EAD can work at even a Target store) then an argument can be made it takes away job from americans. But banning parents of USC and spouse and children of LPR with this EO makes no sense and if avoiding the COVID-19 spread is the case then no one should be allowed to enter in to the country for 60 days (other than nurses and doctors or health care professionals). 

 

In my opinion this EO is a bunch of BS. 

[geowrian 22,337]

2 hours ago, April M said:

It clearly states that the person working on the case at USCIS or Embassy has the last say but needs to stay within the guide lines.

Where does it state that?

[April M 28]

4 hours ago, geowrian said:

Where does it state that?

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

[geowrian 22,337]

2 minutes ago, April M said:

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

Can you point me at a section? I am not seeing where it says they are guidelines, or that USCIS or the consulate can make exceptions to INA 212(f) orders.

[April M 28]

6 hours ago, vkrishn said:

Thanks.  It still did not answer my question about the change.org petition and what does it cover. I see fiance seems to be covered but did not say about spouse of LPR and parents of USC explicitly. 

 

On this, "It's only to provide open work for Americans", this EO doesn't really do much with respect to that. If the EO had covered H-1 and H-4 EAD (where a person with H-4 EAD can work at even a Target store) then an argument can be made it takes away job from americans. But banning parents of USC and spouse and children of LPR with this EO makes no sense and if avoiding the COVID-19 spread is the case then no one should be allowed to enter in to the country for 60 days (other than nurses and doctors or health care professionals). 

 

In my opinion this EO is a bunch of BS. 

To some degree I totally agree with you. 

[April M 28]

2 minutes ago, geowrian said:

Can you point me at a section? I am not seeing where it says they are guidelines, or that USCIS or the consulate can make exceptions to INA 212(f) orders.

Well I would have to underline it to show you but section two it states the exception, those all are the exception to the proclamation. I think in Section 3 it's where it talks about the consulate and who's on the casing what they can do.

[geowrian 22,337]

1 minute ago, April M said:

Well I would have to underline it to show you but section two it states the exception, those all are the exception to the proclamation. I think in Section 3 it's where it talks about the consulate and who's on the casing what they can do.

Yup, section 2 lists the exceptions.

Section 3 states that the CO (nothing to do with USCIS) will determine eligibility for an exception. DHS (almost certainly just CBP specifically here) will work with DOS to enforce compliance (i.e. so improperly issued visas and such can still be a basis for denial of entry, just generally so CBP knows the rules around visas during this period).

I would just reiterate that these are not guidelines. These are orders. The COs are determining if one meets the requirements for an exception. It does not grant them the ability to expand or restrict those exceptions.

 

Anyway, the question was asked about parents of a USC (IR-5 category). There is nothing in the EO that could be construed as an exception to that category.

It's possible a lawsuit may be filed resulting in an injection to grant such an exception - based upon the equities of the situation and low likelihood of taking jobs - or to provide a means for a waiver. But that is not a CO's decision to make. It's simply not a "well maybe some will and some won't because of a bias."