Official Executive Order for Suspending Entry of Immigrants

[Ela G. 389]

I just don’t understand why they wouldn’t process K1 visas if they’re supposedly exempt from the EO

[Ela G. 389]

42 minutes ago, Ela S. said:

I asked the US embassy in Spain if they would be issuing new K1 visas in June (which is when mine expires) and this is the response I got:

 

 

I asked them why is that other US embassies are still processing K1s and this is what they replied. 

 

So I guess what they meant by the Presidential Proclamation 9994 is the EU, UK, Ireland, China and Iran travel ban?

 

 

[Crazy Cat 41,288]

9 minutes ago, Ela S. said:

I just don’t understand why they wouldn’t process K1 visas if they’re supposedly exempt from the EO

The previous travel restriction and the latest EO are separate entities.  A person could be exempt from the latest EO, but affected by the previous travel restriction.

[RD7712 143]

39 minutes ago, AlekR88 said:

Good morning everyone! Fiancé successfully made it through Toronto customs this morning with his K1 visa. He says the customs officer first said they were not accepting that visa, but they were corrected by another officer and he ultimately was accepted. From there sounds like it was a smooth, normal process. I am sure he was the first visa through since the executive order took effect so there was probably some learning this morning. 

Congratulations!! Did your fiance traveled from another country and transited through Toronto? Does Toronto have a USA immigration post there?

[Ela G. 389]

Just now, Lucky Cat said:

The previous travel restriction and the latest EO are separate entities.  A person could be exempt from the latest EO, but affected by the previous travel restriction.

Yes you’re correct. I think that’s what I understood on the last email I got from the US embassy here in Spain. The reason why US embassies outside Europe are still processing K1s is because the EU has the travel ban imposed, and K1s are not exempted.

[sl1pstream 551]

5 minutes ago, Ela S. said:

*snip*

The one hope I have about the travel ban is the effect on airlines, I don't think it's going to last through the summer once the airline industry starts pressuring them.

[Isoversa 8]

1 minute ago, Ela S. said:

Yes you’re correct. I think that’s what I understood on the last email I got from the US embassy here in Spain. The reason why US embassies outside Europe are still processing K1s is because the EU has the travel ban imposed, and K1s are not exempted.

That's most likely the case, as the European bans are tied to the outbreak thus mentioning PP 9994. 

[Kay & Evan 60]

13 minutes ago, Ela S. said:

wait did they tell you they were going to keep processing K-1’s? I forgot and can’t find your post now

I asked them if the K1 is excluded from the executive order and they responded that due to the travel ban I cannot travel to the US. Then I responded with a link to the executive order signed Wednesday and said “My question is for when the travel ban is lifted. Is the immigration to the US with the K1 visa banned in the below executive order? It is not clear to me“ To which they responded “K1 visas are included in the exeptions for the new Presidential Proclamation, so we will be able to issue K1 visas.” 
then I told them that I do have a K1 at hand and if they mean I can use it to travel once the ban is lifted and they haven’t responded so far. 

I am Greek so I also emailed the consulate in Athens saying that I have a valid K1 at hand and want to know if I can travel once travel ban is lifted and they responded just now with the below:

“

Thank you for your April 23, 2020 e-mail.  We would like to inform  you that on April 22, President Trump signed a proclamation suspending entry into the United States of certain immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.  The proclamation is effective at 11:59 p.m. EDT on April 23 and expires in 60 days, unless continued by the President.  U.S. citizens, lawful permanent residents, and those holding valid immigrant visas on the effective date of the Proclamation, are not subject to the proclamation.  No valid visas will be revoked under this Proclamation.  Routine visas services have been suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services for applicants who are not subject to this presidential proclamation. The full text of the presidential proclamation is available on the White House website at:  https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

 

https://travel.state.gov/content/travel/en/News/visas-news/Proclamation-Suspending-Entry-of-Immigrants-Who-Present-Risk-to-the-US-labor-market.html#ExternalPopup ”

[Treasure1 237]

51 minutes ago, ECCK said:

I just emailed them and explained my situation, and i attached a letter from his command supporting our request for an emergency interview. There’s no harm in trying. 

That’s great news. Thanks for reporting back!

Thank you,  we'll do an email to them once the lockdown in Nigeria is relaxed. Please who's meant to send the email, the petitioner or the beneficiary? 

Edited April 24, 2020 by Treasure1

[Kay & Evan 60]

1 minute ago, Reyess said:

The reason why this happens is because those workers that reply to emails DO NOT KNOW anything. That’s the reality. They’re giving ridiculous answers, but every single reliable lawyer has confirmed that K1s are non-immigrant. And that’s it. Don’t worry about it. 

You are right. Only reason I’m trying to get a straight answer from the embassy is that I’m thinking I could use it if I was not allowed to travel or enter the US (provided the travel ban is lifted) and have proof the embassy clearly told me I can.

[JBF 116]

Just now, Kay & Evan said:

You are right. Only reason I’m trying to get a straight answer from the embassy is that I’m thinking I could use it if I was not allowed to travel or enter the US (provided the travel ban is lifted) and have proof the embassy clearly told me I can.

It makes sense. I was just quoting your previous post because I know that lots of people are nervous about it, and rightly so. I really hope you can get that answer and I wish you guys the best! 

[Crazy Cat 41,288]

1 minute ago, Kay & Evan said:

Only reason I’m trying to get a straight answer from the embassy is that I’m thinking I could use it if I was not allowed to travel or enter the US (provided the travel ban is lifted) and have proof the embassy clearly told me I can.

It seems pretty clear, to me,  that K-1 visas are not affected by the latest EO.  It is a non-immigrant visas.  Be aware that CBP at POE has final say regarding any non-citizen's entry into the US.....not any consulate.

[AlekR88 20]

26 minutes ago, RD7712 said:

Congratulations!! Did your fiance traveled from another country and transited through Toronto? Does Toronto have a USA immigration post there?

He is a Canadian and yes, there is a USA immigration customs post there - so luckily we knew without him having to journey too far. We felt confident with the comments in this board, but still had some hesitation. All worked out though! Marrying Monday so we can apply for AOS ASAP..

[Ela G. 389]

3 minutes ago, AlekR88 said:

He is a Canadian and yes, there is a USA immigration customs post there - so luckily we knew without him having to journey too far. We felt confident with the comments in this board, but still had some hesitation. All worked out though! Marrying Monday so we can apply for AOS ASAP..

Wait did he travel through land or air?

[sl1pstream 551]

31 minutes ago, Lucky Cat said:

It seems pretty clear, to me,  that K-1 visas are not affected by the latest EO.  It is a non-immigrant visas.  Be aware that CBP at POE has final say regarding any non-citizen's entry into the US.....not any consulate.

Eh...

  

1 hour ago, sl1pstream said:

There needs to be a clear answer on this. Right now we're all just guessing, based on the fact that it's technically not an immigrant visa, even though the DOS website lists it with the other immigrant visas, it's being processed by the immigrant visa unit and it's a visa with eventual immigrant intent. It's kind of ridiculous that not a single immigration lawyer has actually gone after this and are all pretty sure that it's a non-immigrant visa. If the intent of the EO is to limit immigration, it'll include every type of visa they can include.

I also don't see why the travel ban is a reason not to process them. You could, theoretically, still fly to a country that isn't under the ban, stay there for two weeks and then enter the US using your visa.

Edited April 24, 2020 by sl1pstream