Official Executive Order for Suspending Entry of Immigrants

[JBF 116]

19 minutes ago, Pocket&Wolf said:

Hey everyone.

I emailed my embassy (South Africa) this morning:

 

 

To which they replied:

 

Not sure if this will be the case for other embassies or not.

 

All the best, everyone. Strength to you.

I truly believe this must be wrong. They’re probably unsure or mistaken. I’ve only heard lawyers and other sources saying that k1 visas are not affected. 

Edited April 23, 2020 by Reyess

[Arck 4]

10 minutes ago, Pocket&Wolf said:

Hey everyone.

I emailed my embassy (South Africa) this morning:

 

 

To which they replied:

 

Not sure if this will be the case for other embassies or not.

 

All the best, everyone. Strength to you.

It depends if their interpretation comes from the state department order/interpretation or individual one,, because the EO don't mention K1 nor NIV category

[Nicolaszz 10]

Is it possible to go to the US as a tourist and file for adjustment of status if you don't want to wait till the ban gets removed?

[Just Paul 4,595]

1 minute ago, Nicolaszz said:

Is it possible to go to the US as a tourist and file for adjustment of status if you don't want to wait till the ban gets removed?

No entering the US on a B2 with the intent to adjust is fraud.

[Nicolaszz 10]

Just now, Paul & Mary said:

No entering the US on a B2 with the intent to adjust is fraud.

Oh makes sense

[Isoversa 8]

1 hour ago, Arck said:

I will advice not conflate the two between family visa and employer sponsored visas. The exemption listed on the EO, should refer to immigrant visas through employment category.. but it wouldn't make sense to put an exemption for medical workers on K1 while it's a Non immigrant and not even listed on EO ( They may issue another EO for Non Immigrant visas as notated on the last paragraph of this EO) 

It has been pointed out that Sec 2 b (ii) is not particularly clear on this. While it is important not to conflate the two (Family-Based vs Employment-Based), the issue in this case would be that the EO does not clearly define it as such. It could have been worded as "on an employment-based immigrant visa" but it is not. Which is why some of us think it may include both. Further, Sec 2 b (iii) mentions "EB-4" , so there may be a reason as not to just directly call it as "EB immigration visa" on Sec b (ii) or so. But it's all speculation at this point, until the Embassies open and adjudicate cases again, we don't have an answer for now.

I do agree that K1, as an NIV, is currently not in the scope of the EO. 

[os306 103]

4 hours ago, drtraveler said:

Hi everyone!  My story short: my fiancé (USC) sent K1 visa doc in the mid-December. We got our NOA2 on 30th of March.  I am medical doctor working in my country and being in the middle of nostrification of my medical diploma (to work in USA as MD) I was supposed to take part in Match program for residency in USA this year,  I still need to do a practise exam that is only performed in US (I have my term on 2nd of September in Phili and need to be there to do that). The timeframe with K1 visas PAUSED - confused with EO?? But as in the EO is written that the all physician and the health workers are exempt? How do you think where should we apply our case as the same time we are K1 visa waiters (not sure if they proceed them)  and I am physician (exempt).

PS we get through this together   

Hi,

If I understood your message correctly, I believe the only situation in which you would be exempt is if you were applying for a J1 physician exchange visa with a DS-2019. However, because you have not yet gone through the Match, you don't have a sponsor for this visa. You would also be exempt if you were applying for an H1B visa as a physician, but you would need to have: 1) completed USMLE Step 3 and 2) successfully matched into a residency program to be eligible for this visa. 

Edited April 23, 2020 by os306

[Crazy Cat 41,853]

11 hours ago, tahm said:

In my opinion, K-1s are gonna be affected because they're a tricky Non-Immigrant visa because you do have the intent of immigrating. I think they're gonna delay the issue of k1s. But I could be wrong.

They were not affected by the previous travel restrictions which affected immigrant visas......why now?

[Nicolaszz 10]

How long do y'all except this ban to last?

[Just Paul 4,595]

5 minutes ago, Nicolaszz said:

How long do y'all except this ban to last?

$64,000 dollar question.   No one here has a clue.

[pialia 0]

Since K Visas are not always listed as Non-Immigrant Visas I tried to find an official declaration and I found this: 

 

https://fam.state.gov/FAM/09FAM/09FAM040201.html
 

What do you think?

[Dashinka 24,497]

8 minutes ago, Lucky Cat said:

They were not affected by the previous travel restrictions which affected immigrant visas......why now?

I agree.  Someone being issued a K1 today would be at least six months before they could even get an EAD through AOS.

 

What was interesting is the other dual intent employment based visas like L1, O1, and H1B.  I think H1Bs are already fully subscribed this year, so not sure how this EO would impact those, but the L1 and O1 which are also technically NIV do allow for dual intent.

[Isoversa 8]

4 hours ago, drtraveler said:

Hi everyone!  My story short: my fiancé (USC) sent K1 visa doc in the mid-December. We got our NOA2 on 30th of March.  I am medical doctor working in my country and being in the middle of nostrification of my medical diploma (to work in USA as MD) I was supposed to take part in Match program for residency in USA this year,  I still need to do a practise exam that is only performed in US (I have my term on 2nd of September in Phili and need to be there to do that). The timeframe with K1 visas PAUSED - confused with EO?? But as in the EO is written that the all physician and the health workers are exempt? How do you think where should we apply our case as the same time we are K1 visa waiters (not sure if they proceed them)  and I am physician (exempt).

PS we get through this together   

The way I understand your case, is, you're only qualified for a K-1. You are asking if there are any other options or additional pathways/categories you may apply to. I think you are confused with the EO regarding exemptions for health professionals. These so called exemptions are applicable to those you have previously applied in the EB (EB-2 or EB-3) categories (and possibly the FB (F1-F4 categories). The EO is saying, their cases may proceed, and if granted, are exempted from the ban. So unless you have previously qualified for this categories, the K1 is your option for now, as, the EB and FB categories will take significantly longer. 

 

To take the USMLE (probably Step 2CS) in your case, there are non-immigrant visas that can be granted as "single-entry" visa for that. 

[Just Paul 4,595]

6 minutes ago, pialia said:

Since K Visas are not always listed as Non-Immigrant Visas I tried to find an official declaration and I found this: 

 

https://fam.state.gov/FAM/09FAM/09FAM040201.html
 

What do you think?

Visual Clue -  when the immigrant visa is printed is says IMMIGRANT VISA on it and a K1 does not have that printed

Edited April 23, 2020 by Paul & Mary

[Dashinka 24,497]

3 minutes ago, pialia said:

Since K Visas are not always listed as Non-Immigrant Visas I tried to find an official declaration and I found this: 

 

https://fam.state.gov/FAM/09FAM/09FAM040201.html
 

What do you think?

As the link (hyperlink missing) shows, the K1 is an NIV which is why it requires the DS160 at the consulate stage.  Now consulates do treat them as IVs at that stage due to the dual intent, but they are NIVs.