Official Executive Order for Suspending Entry of Immigrants

[optimistic23 49]

3 minutes ago, payxibka said:

Doesn't answer the k1 question, but only answers the question that it doesn't affect previous issued visas

Exactly personally this is what i wanted to know but others who are still in process might need to inquire from their embassies or wait until there’s an official explanation. Good luck 

[SalishSea 17,818]

2 hours ago, Quarknase said:

I have a question on this specific part, if anyone can help me understand. I am LPR sponsoring my husband (F2A Category, not excempt from ban), who is a health care worker (Clinical Lab Scientist, also has B-Pharm). Is it worth inquiring about an exemption so he can work here since health care workers are desperately needed? If yes, who would we inquire with? (We're at NVC stage)

Oops, already addressed, sorry.  Just getting caught up here.

Edited April 23, 2020 by Jorgedig

[imsan 41]

37 minutes ago, Shiran said:

I am well aware that under the hood K-1 and K-3s are non-immigrant visas. What is less clear to me if how EO will be interpreted. Because I do not see clarity of it being non-immigrant. Logically it should be exempt for multiple reason, being non-immgrant is one, being very similar to spousal visa is another but in practice, I can easily see it being swept with other immigrant visas as there was no specific exception for it. 

K1 is clearly nonimmigrant visa and the person receiving it has to leave if not married to the citizen within 90 days of entry into US. Per the wording of this EO, it's guaranteed to be treated just like any other NIV.

[SalishSea 17,818]

16 minutes ago, payxibka said:

Actually it has been reported its been under consideration for weeks.   

Hence the lack of a Visa Bulletin.....?

[millefleur 5,046]

**Two non-contributory derailing posts and one reply removed**

 

VJ Moderation

Edited April 23, 2020 by millefleur

[Jade13 7]

2 hours ago, Spookie said:

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

So those of us that are about to file AOS are okay?  

[SalishSea 17,818]

3 minutes ago, Jade13 said:

So those of us that are about to file AOS are okay?  

Yes, if in the US.  Your profile doesn't specify a visa category.

[geowrian 22,337]

4 minutes ago, Jorgedig said:

I may be wrong, but I think if you are trying to get him admitted with that exemption, he would need a different visa category, i.e tied to his profession.  Maybe @geowrian would know for sure.

The exception only says "any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;"

 

My reading is that it is not limited to a specific visa class - it applies to any immigrant visa. There is no immigrant visa specifically for physicians, nurses, or "other healthcare professional". They generally fall under EB-2 or EB-3, but those categories are not specifically restricted to medical professionals.

Could it be read as only applying to employment-based immigrant visas in those professions? I guess. But the wording of the exception as a whole looks to me like it was designed not to refer to a visa category.

[SalishSea 17,818]

42 minutes ago, imsan said:

I think it's just designed to stop DV lottery and Chain Migration. If so, this will be extended for few more years.

Depends on what happens in November.

[SalishSea 17,818]

1 minute ago, geowrian said:

The exception only says "any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;"

 

My reading is that it is not limited to a specific visa class - it applies to any immigrant visa. There is no immigrant visa specifically for physicians, nurses, or "other healthcare professional". They generally fall under EB-2 or EB-3, but those categories are not specifically restricted to medical professionals.

Could it be read as only applying to employment-based immigrant visas in those professions? I guess. But the wording of the exception as a whole looks to me like it was designed not to refer to a visa category.

Makes sense.  I only wondered because if someone enters as spouse of an LPR and for whatever reason, fails to work in that job category, it would defy the purpose of that exemption.

[JeanneAdil 6,491]

2 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 🙏😊

you recd visa the 13th of March and could have flown out till the 17th when they closed the airport

and yes,  you are USC and married to USC, so,  as soon as the air space is open again,  fly!

your case falls under b 1V   (iv)    any alien who is the spouse of a United States citizen;  (exempt from the suspension)

and congratulations

 

20 minutes ago, jackanddeona said:

Why would cr1 and ir1 cases be affected if they are exempt?

exempt  read section b  IV

[geowrian 22,337]

1 minute ago, Jorgedig said:

Makes sense.  I only wondered because if someone enters as spouse of an LPR and for whatever reason, fails to work in that job category, it would defy the purpose of that exemption.

True. But I also think that would be quite a minority case (60 day suspension, F2A spouse in medical field, and doesn't plan to work in that field in which they would presumably already be working in before getting the visa).

[Jade13 7]

10 minutes ago, Jorgedig said:

Yes, if in the US.  Your profile doesn't specify a visa category.

Yes,  I am in the US and married to a US citizen  from a B2 visa .

[SalishSea 17,818]

1 hour ago, INF said:

I cannot see him banning tourism so B1/B2 are safe. There are many non immigrant visas like TN1 and H1B visas he can ban if his goal truly is to protect the US citizen’s jobs.

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

[Isoversa 8]

4 minutes ago, geowrian said:

My reading is that it is not limited to a specific visa class - it applies to any immigrant visa. There is no immigrant visa specifically for physicians, nurses, or "other healthcare professional". They generally fall under EB-2 or EB-3, but those categories are not specifically restricted to medical professionals.

Could it be read as only applying to employment-based immigrant visas in those professions? I guess. But the wording of the exception as a whole looks to me like it was designed not to refer to a visa category.

It does seem to be worded not to be limiting. Does this mean the visa bulletin will still advance in this case? If it would advance then I definitely see it as evidence that the exception for medical professionals does not refer to a specific visa category. So far the bulletin has not been out though.