Official Executive Order for Suspending Entry of Immigrants

[SalishSea 17,970]

5 minutes ago, Jade13 said:

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

You are fine then.  I would still try to get the AOS paperwork submitted straight away if you haven't already.

[Jade13 7]

2 minutes ago, Jorgedig said:

You are fine then.  I would still try to get the AOS paperwork submitted straight away if you haven't already.

Thank you,  I can sleep tonight.  Getting my AOS off on Monday morning first thing 

[geowrian 22,337]

3 minutes ago, Isoversa said:

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. 

The "normal" process when there is a ban like this is that all processing up through the interview is the same. The difference is the visa will be refused if you are subject to the ban.

If the ban ends afterwards and the case is still otherwise active, the visa can then be issued, assuming one is still eligible for it (including no documents are expired like the medical).

 

That said, I have no clue if or how the consulates will prioritize interviews. They may or may not schedule interviews for people who are presumably ineligible. They have not done this with the other bans in recent years, but this is something they do have the ability to do.

[Kaykay2019 5]

2 hours ago, jaysaldi said:

So they are suspending the issuance of K1 fiance visas, right? Or is that a nonimmigrant visa?

 

K1’s are safe. 

[Madufor Uzoma A 10]

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 🙏😊

(i)    are outside the United States on the effective date of this proclamation;

(ii)   do not have an immigrant visa that is valid on the effective date of this proclamation? So you are good to go from what you said you have a valid visa

[Isoversa 8]

3 minutes ago, geowrian said:

The "normal" process when there is a ban like this is that all processing up through the interview is the same. The difference is the visa will be refused if you are subject to the ban.

If the ban ends afterwards and the case is still otherwise active, the visa can then be issued, assuming one is still eligible for it (including no documents are expired like the medical).

 

That said, I have no clue if or how the consulates will prioritize interviews. They may or may not schedule interviews for people who are presumably ineligible. They have not done this with the other bans in recent years, but this is something they do have the ability to do.

That's good to know, I wasn't aware how they are processing with bans in place. Now it makes sense that Sec 3 (a) mentions that the CO would make that determination for the exemption.

[goldhex 21]

I really can't tell how this affects K1s currently not in the US considering there is an exception for spouses within the EO and when a K1 applies for AoS they are the spouse of a USC.

 

Or for K1s currently outside the US will they just no longer issue visas until the end of the ban considering the EO "will apply to foreign nationals seeking a green card who are outside the United States at the time of the order"?

 

How do other people interpret it?

[Heart12 4]

2 hours ago, INF said:

It excludes US citizens parents. Only spouse and children under 21 are allowed.

How about my case. Im 19 years old. Can i travel to US i already have an immigrant visa(EW-5). My parent are NOT citizens but they are Permanent Residence. Can everyone travel if they already issued visa not matter its type?

[nykolos 711]

1 hour ago, NatashaK1 said:

If it was an immigrant visa there won’t be any need to adjust status. The K1 visa only allows you to enter the US to get married. You can leave and adjust your status or you can stay in the US to adjust your status. Immigrant visa holders enter as immigrants, K1 visa holders do not enter the US as immigrants. 

Spot on  

 

And adjust of status takes approximately 8-14 months, which already restricts non immigrants from working during that time.

 

[payxibka 10,047]

2 minutes ago, Heart12 said:

How about my case. Im 19 years old. Can i travel to US i already have an immigrant visa(EW-5). My parent are NOT citizens but they are Permanent Residence. Can everyone travel if they already issued visa not matter its type?

Doesn't matter about your parents.   You are in possession of a Visa 

[Heart12 4]

2 hours ago, givionte said:

Great post by not_an_immi_lawyer over on Reddit that really breaks it down clearly who is affected or not...

 

 

The big question mark will be K-1 visa's.

Do you mean all types of visa on hand can travel? Even my parents are no USC?

[Heart12 4]

1 minute ago, payxibka said:

Doesn't matter about your parents.   You are in possession of a Visa 

Thank you. So I can travel? Im so stress right now cant sleep. 

[KP23 28]

Email from our immigration laywer: 

 

Quote

 

I agree with you that this new executive action does not apply to X as she holds a nonimmigrant visa. 

 

This of course is all very new so I cannot tell you that I’ve had a client travel and be ok, but based on my reading, she should be able to travel to the US with the K1 visa.  

 

Looks good. 

[PatLuvO 284]

2 minutes ago, Heart12 said:

Do you mean all types of visa on hand can travel? Even my parents are no USC?

You have a visa you are ok to travel.

[Heart12 4]

Just now, PatLuvO said:

You have a visa you are ok to travel.

Thank you.