Official Executive Order for Suspending Entry of Immigrants

[gsb1953 2]

Can anybody in the group guide me. I had my IR5 visa approved in India was was to expire on 29th March 2020. Since my wife I had already gone on IR5 , I booked my ticket for 17th March so as to wind up all issues here as I was the only one of my family here. But on 15th my flight got cancelled as it was through UK. I contacted the US consulate in India for extension of visa . They stated that there is no such provision but there is a provision for reissue of the Visa when the circumstances are beyond control of the individual but one has to pay the immigration fee and provide some documents , and then visit the consulate. And since now all routine work of consulate has been suspended, I should contact them once the consulate opens.

Then came the executive order that bans issue of visa to parents. I do not know whether they will consider it a old case or include it under ban.

Any guidance will be highly appreciated.

[geowrian 22,337]

4 hours ago, gsb1953 said:

Can anybody in the group guide me. I had my IR5 visa approved in India was was to expire on 29th March 2020. Since my wife I had already gone on IR5 , I booked my ticket for 17th March so as to wind up all issues here as I was the only one of my family here. But on 15th my flight got cancelled as it was through UK. I contacted the US consulate in India for extension of visa . They stated that there is no such provision but there is a provision for reissue of the Visa when the circumstances are beyond control of the individual but one has to pay the immigration fee and provide some documents , and then visit the consulate. And since now all routine work of consulate has been suspended, I should contact them once the consulate opens.

Then came the executive order that bans issue of visa to parents. I do not know whether they will consider it a old case or include it under ban.

Any guidance will be highly appreciated.

Correct - there is no extension but there is a re-issue possible.

Unfortunately, to be re-issued the visa you must be determined eligible for it again. Under INA 212(f), this EO would seem to apply as an inadmissible now. It's a new visa.

That said, it's impossible to verify that they will actually follow this until they reopen. But I'm sorry to say that - to me at least - it seems she would fall under this ban.

[gsb1953 2]

Crossed fingers . Can only be sure when the Embassy opens.It can be interpreted either way.

[geowrian 22,337]

4 minutes ago, gsb1953 said:

Crossed fingers . Can only be sure when the Embassy opens.It can be interpreted either way.

I had to go back and read the EO wording to check something. It says:

Quote

Sec. 2.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:

...

(ii)   do not have an immigrant visa that is valid on the effective date of this proclamation; and

Technically she had an immigrant visa valid on that date, even if it's not thew same one she uses.

[gsb1953 2]

The visa was valid till 29th March but EO came on 22nd April , so the interpretation can be the visa was not valid on day of EO.

[geowrian 22,337]

7 minutes ago, gsb1953 said:

The visa was valid till 29th March but EO came on 22nd April , so the interpretation can be the visa was not valid on day of EO.

Ah, my misunderstanding. I thought it overlapped, in which case that would be an exception.

[snnan 0]

So I have filed I-130 for my father (im US Citizen) IR5 category back in December 2019. I-130 is approved on May 7th. NVC case ID was created on May 9th. Does anyone suggest waiting considering no Immigrant visa is issued as of now or you recommend filing the NVC files as soon as possible and wait until they assign an interview date?

[ohohoho 28]

Looks like they are going to extend this indefinitely 

 

https://www.nytimes.com/2020/05/13/us/politics/trump-coronavirus-border-restrictions.html

[geowrian 22,337]

29 minutes ago, ohohoho said:

Looks like they are going to extend this indefinitely 

 

https://www.nytimes.com/2020/05/13/us/politics/trump-coronavirus-border-restrictions.html

That's with regards to the Canada/Mexico borders. It's not the EO covered by this thread.

[ohohoho 28]

2 minutes ago, geowrian said:

That's with regards to the Canada/Mexico borders. It's not the EO covered by this thread.

Yes, but if they keep extending that one, on the grounds of the virus still not being under control, why would they ease up the others? 

[sl1pstream 551]

4 hours ago, ohohoho said:

Yes, but if they keep extending that one, on the grounds of the virus still not being under control, why would they ease up the others? 

They wouldn't. They'd extend every ban and the suspension of routine visa services indefinitely, which means at least until the end of a possible second term, if he gets one.

 

Everyone abroad who hasn't already been issued a visa would have to start over, if it takes until 2025, because your application will expire before then.

 

They wouldn't even let tourists in, because if they're issuing tourism visas, they might as well issue K1s and others. If you've got family abroad, get used to them not visiting for a while. It'd basically be the end of the Visa Waiver program too, because why give people waivers if they're not issuing those visas in the first place?

Edited May 14, 2020 by sl1pstream

[geowrian 22,337]

8 hours ago, ohohoho said:

Yes, but if they keep extending that one, on the grounds of the virus still not being under control, why would they ease up the others? 

They may or may not extend this EO as well. But that is completely separate from the article posted.

The suggestion in the article is the border closure there is targeted to prevent asylum claims. If one accepts that premise, then it is fundamentally different than that of this EO.

 

3 hours ago, sl1pstream said:

They wouldn't even let tourists in, because if they're issuing tourism visas, they might as well issue K1s and others.

I'm not buying that they will deny tourists indefinitely. That alone would kill more jobs than this entire EO could possibly ever deem to "save". Both businesses and public support are not in favor of denying tourists that long.

[NatashaK1 158]

3 hours ago, sl1pstream said:

They wouldn't. They'd extend every ban and the suspension of routine visa services indefinitely, which means at least until the end of a possible second term, if he gets one.

 

Everyone abroad who hasn't already been issued a visa would have to start over, if it takes until 2025, because your application will expire before then.

 

They wouldn't even let tourists in, because if they're issuing tourism visas, they might as well issue K1s and others. If you've got family abroad, get used to them not visiting for a while. It'd basically be the end of the Visa Waiver program too, because why give people waivers if they're not issuing those visas in the first place?

I disagree! I don’t even see how it’s possible to not issue a tourist visa or allow tourists in anymore. I also don’t see how this will last till 2025 and people will have to start over again. Suspend routine visa services indefinitely? Meaning those working at the embassy will loose their jobs( aren’t they trying to save jobs) LOL Make it make sense! 

[Crazy Cat 41,290]

1 minute ago, NatashaK1 said:

I also don’t see how this will last till 2025 and people will have to start over again.

I think he/she meant suspensions could last until Trump leaves office (if he wins re-election).

[NatashaK1 158]

7 minutes ago, Lucky Cat said:

I think he/she meant suspensions could last until Trump leaves office (if he wins re-election).

So if the suspension lasts till Trump leaves office (let’s say in 2025) does that mean people will still be allowed to file petitions with USCIS and when the petition gets to the consulate stage it will just sit there. 

Edited May 14, 2020 by NatashaK1