Official Executive Order for Suspending Entry of Immigrants

[Ramin Khan 0]

I have a F4-1 immigrant visa that was issued on 3rd March, 2020 it's still valid right now, and expires on 5th of May. Will I be able to enter the States now? It says that it does not affect anyone with a valid US Visa. Please help I'm so confused.

[Commish10 427]

So, no more petition?

[payxibka 10,047]

22 minutes ago, Ramin Khan said:

I have a F4-1 immigrant visa that was issued on 3rd March, 2020 it's still valid right now, and expires on 5th of May. Will I be able to enter the States now? It says that it does not affect anyone with a valid US Visa. Please help I'm so confused.

No reason to be confused your visa is in hand

[GMDub 8]

I got this answer about K1s from a lawyer in the federal govt , for what it's worth right now....

 

Based on what we are reading, non-immigrants are not impacted.  A K-1 is a non-immigrant visa, but it is not clear since it does represent immigrant intent.   Best bet is to keep scanning the internet for updates on this topic.  My guess is that it will end up being a Consular official’s call. 

[RD7712 143]

44 minutes ago, Ela S. said:

FYI Canada has 4x the cases Mexico does and the travel restrictions imposed at the land border are in place until May 19. I’m sure whatever new measures taken will be decided then. I doubt he will impose tighter restrictions on Mexico alone before May 19. Then again nobody knows anything for sure. I understand this is risky but it’s either this or being separated for many more months and having to pay for a new medical and visa.

I will look into Mexico. Thanks.

[Ela G. 389]

Just now, RD7712 said:

I will look into Mexico. Thanks.

If anyone finds any new info or restrictions let us know

[nykolos 711]

For filers awaiting on K1 applications and other non immigrant visas, this EO does not effect them and processing continues both at USCIS and NVC..  And by the time your file reaches the Embassy, let's hope this Covid cr*p will be over with by then.

 

 

[wcooper 2]

Chad Wolf, the Acting Secretary of the Department of Homeland Security tweeted that immigration issues will be discussed tonight on Fox News.  I responded with some of the concerns from this thread regarding conflicting responses from the various embassies regarding handling of the K-1 Visa in response to yesterday's executive order.  Retweeting my replies will cause them to bubble to the top and could cause them to be more noticeable to Martha MacCallum, the Fox News reporter who will be handling this story.

 

 

[geowrian 22,337]

28 minutes ago, GMDub said:

My guess is that it will end up being a Consular official’s call. 

This part I disagree with. I highly doubt individual COs will get to determine if a visa class (not an individual) is subject to an EO or not. This is not a discretionary item - either a visa class is or is not subject to it.

Typically what happens is the DOS reviews the EO and implements a policy. That policy is then published in the FAM. In the interim, a memo or other guidance is issued to the consulates.

Given that routine visa services are suspended right now already, they have the time to actually review the EO and do all of the above before any CO actually has to make a decision w/o that guidance.

Edited April 23, 2020 by geowrian

[GMDub 8]

3 minutes ago, geowrian said:

This part I disagree with. I highly doubt individual COs will get to determine if a visa class (not an individual) is subject to an EO or not. This is not a discretionary item - either a visa class is or is not subject to it.

Typically what happens is the DOS reviews the EO and implements a policy. That policy is then published in the FAM. In the interim, a memo or other guidance is issued to the consulates.

Given that routine visa services are suspended right now already, they have the time to actually review the EO and do all of the above before any CO actually has to make a decision w/o that guidance.

What you're saying makes perfect sense to me! Thank you!!

[Quarknase 1,072]

8 minutes ago, wcooper said:

Chad Wolf, the Acting Secretary of the Department of Homeland Security tweeted that immigration issues will be discussed tonight on Fox News.  I responded with some of the concerns from this thread regarding conflicting responses from the various embassies regarding handling of the K-1 Visa in response to yesterday's executive order.  Retweeting my replies will cause them to bubble to the top and could cause them to be more noticeable to Martha MacCallum, the Fox News reporter who will be handling this story.

 

 

I hope they'll discuss LPR spouses as well. We do our part for the economy, pay taxes to fund government, military and such, but get excluded from re-uniting with our spouses...

[igrant 28]

So does this presidential proclamation effect parents of USC or not? I went through the proclamation and it doesn't state whether parents of USC are effected or not. It states only about spouse and child categories.  Nothing mentioned about parents. 

[geowrian 22,337]

4 minutes ago, igrant said:

So does this presidential proclamation effect parents of USC or not? I went through the proclamation and it doesn't state whether parents of USC are effected or not. It states only about spouse and child categories.  Nothing mentioned about parents. 

It mentions all immigrants are impacted, then lists exceptions. Parents are not listed under the exceptions. Ergo parents are banned by it.

[DeleteMePlease123 91]

Posting this again for visibility:

 

Who does this affect?

• Immigrants applying for a green card from an embassy abroad for the following immigrant categories:
  • DV
  • All EB except EB-5 and EB2 (NIW only)
  • F1, F2A, F2B, F3, F4
  • Parents of US citizens (but not spouse/child)

What does this NOT affect?

• Nonimmigrant visas of any kind (F-1, J-1, B, etc)
• Nonimmigrant work visas (H, TN, etc)

Who does this NOT affect?

• Anyone who's in the US at the date of the order, i.e. including existing Adjustment of Status applicants
• Anyone who already has a valid immigrant visa
• Anyone entering to work in healthcare/medical research, and their spouse/children
• EB-5 and EB2 (NIW only)
• Spouse and minor (under 21) child of USC

[Brookeandluuk 7]

If I understand correctly; if I am able to travel to the US on my current valid K1 visa, can I than file for AOS the same as usual? Or does this EO block me from filing for AOS?