Official Executive Order for Suspending Entry of Immigrants

[DeleteMePlease123 91]

1 hour ago, Jorgedig said:

They could definitely make it harder for B visas and VWP visitors to adjust status and thereby work though.

That'd suck big time.

[payxibka 10,047]

4 minutes ago, Diego Gutiérrez said:

I meant the issue date, just to make sure even if this EO affects those with a K1 visa, if the issue date on mine is the actual date i had the interview (March 13th) it wold make me a lot less anxious!.

 

Sadly CEAC says still "Ready for interview" which means they have not updated it, also the status on that other website where i scheduled my interview says "appointment" (apparently they have not updated it either) 

 

Thanks for the answer.

The issue date is the date issued not the interview date. 

Edited April 23, 2020 by payxibka

[SalishSea 17,970]

11 minutes ago, Spookie said:

That'd suck big time.

Not really.  They would just have to be petitioned and placed in the queue with everyone else.

[NotPennysBoat 20]

3 hours ago, Shiran said:

You keep saying that, but it is not in fact "clear" at all as it listed as Immigrant visa on DOS website and Embassies website. 

It is a non-immigrant visa because you are not immigrating on a K1. You have to Adjust Status or leave the country after 90 days (as we all know). 

Edited April 23, 2020 by NotPennysBoat

[millefleur 5,047]

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[Ryan H 3,818]

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[B&C2017 123]

5 hours ago, TVC said:

Although not specifically mentioned, it seems the under 21yo stepchildren of US citizens aren't affected by this EO.

In the language of immigration, stepchildren are considered children of the US citizen if the marriage making them the USC’s child took place before the child's 18th birthday.

[Sparkle Sparkle 914]

Read through the whole 10 pages,and I see the back and forth with K1's and my opinion is. Although K1's are NIV applications have to pass through the IV unit at the embassy/consulate because it has to be prepped for immediate follow up in the states when you file for ADJS. Immigrant visa's allow you to enter the USA already as immigrants while immigration for k1's are triggered when you apply for ADJS. I do suspect you are allowed 90 days to marry because thats about how long your follow up information can last in the system. The fact that you have to apply for AP for k1's or other categories that allow ADJS shows that K1's are not IV. My other point is that K1's are prepped by IV units but they are actually issued by NIV units. And I quote

 

"(U) K Visas:  K visas are nonimmigrant visas and therefore are treated as such for PP 9645 purposes and not subject to PP 9983.  Therefore, if a K visa applicant is subject to restrictions under PP 9645 as a nonimmigrant applicant, he/she must either qualify for an exception or waiver before a visa may be issued"

source: https://fam.state.gov/FAM/09FAM/09FAM030214.html#M302_14_10_C_1

 

PP9983 Refers to :  Countries that are banned in the previous EO

 

9 FAM 302.14-10(B)(2)  (U) Nationalities Subject to Presidential Proclamation 9983

(CT:VISA-1027;   03-12-2020)

a. (U) PP 9983’s visa restrictions and suspension of entry provisions were tailored to each country with the goals of reducing the security threat the unrestricted entry of nationals of those countries might pose and encouraging improved identity-management and information-sharing practices by the countries' governments.    Below is the list of countries of identified concern in PP 9983; however, this list may change as listed countries overcome deficiencies in their identity-management or information-sharing practices or unlisted countries become deficient:

(1) (U) Nationals of Burma:  The issuance of visas to nationals of Burma is suspended for all immigrant visas, including diversity visas, except Special Immigrants whose eligibility is based on having provided assistance to the United States Government

(2) (U) Nationals of Eritrea:  The issuance of visas to nationals of Eritrea is suspended for the all immigrant visas, including diversity visas, except Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

(3) (U) Nationals of Kyrgyzstan:  The issuance of visas to nationals of Kyrgyzstan is suspended for the all immigrant visas, including diversity visas, except Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

(4) (U) Nationals of Nigeria:  The issuance of visas to nationals of Nigeria is suspended for all immigrant visas, including diversity visas, except Special Immigrants whose eligibility is based on having provided assistance to the United States Government.

(5) (U) Nationals of Sudan:  The issuance of visas to nationals of Sudan is suspended for diversity visas

(6) (U) Nationals of Tanzania:  The issuance of visas to nationals of Tanzania is suspended for diversity visas

 

 

9645 Refers to Countries that are Exempted in the previous EO

 

9 FAM 302.14-10(B)(6)  (U) Exceptions to Presidential Proclamation 9645 

(CT:VISA-1027;   03-12-2020)

a. Unavailable.

(1)  (U) Any national who was in the United States on the applicable effective date described in 9 FAM 302.14-10(B)(3), regardless of immigration status;

(2)  Unavailable.

(3)  Unavailable.

(4)  (U) Any lawful permanent resident (LPR) of the United States, including SB-1 (returning resident) IV applicants;

(5)  Unavailable.

(6)  (U) Any national who has a document other than a visa – such as a transportation letter, an appropriate boarding foil, or an advance parole document – valid on the applicable effective date described in 9 FAM 302.14-10(B)(3) for that national or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission;

(7)  (U) Any dual national of a country designated under PP 9645 or PP 9983 when traveling on a passport issued by a non-designated country;

(8)  Unavailable.

(9)  (U) Any national who has been granted asylum; any refugee who has already been admitted to the United States or who has been approved for resettlement in the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.  This does not apply to applicants who were granted Temporary Protected Status (TPS).

b. Unavailable.

c.  Unavailable. 

d. (U) Derivative Family Members:  A derivative family member may only benefit from an exception if he or she individually meets the conditions of an exception.  If family members are traveling together and do not all benefit from an exception, you should consider that factor in evaluating the applicants’ waiver qualifications.

 

****To my understanding and according to all language used in the EO, for now K1's are exempted. What will follow after the  the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, reviews "nonimmigrant programs" might include K1's

 

Edited April 23, 2020 by Sparkle Sparkle

[vinzer 76]

This is really just unfortunate for those affected by the order. Not all immigrants are seeking to take jobs. In my case, I would have been coming in still employed with my current employer (we do work remotely even before the crisis), so it's not as if I'd be coming in to compete with other US citizens for work, it's really more of just changing who I pay taxes to. But it is what it is, and I'll just see if the government actually lifts the order in 60 days, but I have my own suspicions it would be extended well into Trump's next term (assuming he wins in November). The economic fallout from COVID-19 is vast, and two months is a very small amount of time to make a call that the economy has recovered enough to resume immigration application processing.

 

That said, I'm happy for those who were able to get exempted from the EO. Don't waste the opportunity given to you. 😄

 

P.S. Apologies if this sort of reactionary post is not allowed in this thread. The original megathread got closed, so I figured reactions should go into this one. I did my best to keep this post civil.

[techworker42 1]

As a LPR who is currently sponsoring my spouse, I am devastated and disgusted.

 

So much time waiting already because of unknown delays and now this... makes me feel to want to jump off a bridge.

 

Does anyone know what happens to an I-130 that was approved? Is it basically gone and we have to start again from scratch, or does it remain active and the embassy/NVC part is on hold for a spouse outside the country?

[Pavli 4]

5 hours ago, Mr & Mrs T said:

Hi guys , 
 

so , I married to a USC , we are both currently living in France .

i received my IR1 visa back in March so question : 

are we ok ?
with the ban on Schengen area , are we gonna be allow ?

we would like to leave as soon as the French lockdown is finish ( may 11th) 

 

if I remember ( please correct me if I am wrong ) the travel ban exempts usc and their spouse too ? 
 

thanks for any answer 🙏😊

Since you're the spouse of a US citizen (right?) the Schengen travel ban doesn't apply to you. That means you're free to enter the country.

[designguy 1,179]

2 hours ago, KP23 said:

Response from US Bangkok Embassy:

Quote

Dear Sir/Madam:

 

Thank you for your email.

 

If your fiance's K visa had been issued before the new Presidential Proclamation took effect today, she can still use her valid K visa for travel to the United States.  

 

Please note that the US Customs and Border Protection will make determination regarding visa holders' entry to the United States.  Please visit their website for more information: https://www.cbp.gov/travel

 

Regards,

Immigrant Visa Unit

U.S. Embassy Bangkok

 

It seems even the embassy's themselves are confused. From the wording in this response it makes it seem as had K1 been issued after the proclamation then it would be invalid.

 

I guess we wont know 100% for sure until some of these embassy's and consulates open up or State issues some clarity. Based on precedent it would seem K-1s would not be covered, but then the language is left broad enough for them to interpret as they see fit

 

 

 

 

[geowrian 22,337]

10 minutes ago, designguy said:

It seems even the embassy's themselves are confused. From the wording in this response it makes it seem as had K1 been issued after the proclamation then it would be invalid.

 

I guess we wont know 100% for sure until some of these embassy's and consulates open up or State issues some clarity. Based on precedent it would seem K-1s would not be covered, but then the language is left broad enough for them to interpret as they see fit

They probably don't have specific clarity on that part yet, but it's easier to just note that an already-issued visa makes the question moot.

 

Although I would note that the response is still incorrect....it says "before...took effect today". The EO is not in effect until 11:59 PM today.

[Boring Life 20]

5 hours ago, J&S12 said:

So if the embassy (London) opens back up on May 3rd as stated, and we are allowed to book our K-1 interview, does that mean K-1's are exempt?

How do you know consulate  will open on 3rd May?

[geowrian 22,337]

AFAIK, there is no stated timeline for visa services to resume. London specifically says "We will resume routine visa services as soon as possible but are unable to provide a specific date at this time." (https://uk.usembassy.gov/visas/immigrant-visas/).

There is a May 3rd date set for USCIS to resume in-person interviews, assuming the suspension does not get extended (seems likely IMO).