K1 Visas are NOT exempted from the April 2020 immigration suspension

[Chrissyb455 37]

I am broken-hearted right now...

I emailed my local US Embassy asking for clarification regarding the K1 visa and the ban president trump enforced..

they replied with the following:

K1 visas are not exempted from the Presidential Proclamation and therefore can not be processed or issued until such time as the proclamation and any further extensions are expired.

 

We do not currently know when the Consular Section will be able to resume providing routine services.  Please refer to our website for updated information.  

However, we will contact you to reschedule your K1 appointment once we are able to do so and once allowed under the Presidential Proclamation.  

 

 

Sincerely,   

  

Immigrant Visa Unit   

U.S. Embassy Kingston 

[NoMansLand2020 298]

12 minutes ago, Chrissyb455 said:

I am broken-hearted right now...

I emailed my local US Embassy asking for clarification regarding the K1 visa and the ban president trump enforced..

they replied with the following:

K1 visas are not exempted from the Presidential Proclamation and therefore can not be processed or issued until such time as the proclamation and any further extensions are expired.

 

We do not currently know when the Consular Section will be able to resume providing routine services.  Please refer to our website for updated information.  

However, we will contact you to reschedule your K1 appointment once we are able to do so and once allowed under the Presidential Proclamation.  

 

 

Sincerely,   

  

Immigrant Visa Unit   

U.S. Embassy Kingston 

They gave you incorrect information. The suspension is for individuals attempting to enter the US as immigrants (green card holders) 

Edited April 29, 2020 by Solaris81

[Babu Frik 1,162]

3 minutes ago, Solaris81 said:

They gave you incorrect information. The suspension is for individuals attempting to enter the US as immigrants (green card holders) 

That won't stop them from not processing them if that's their stance.

[In4theJourney 171]

👀

[Greenbaum 12,259]

The man who has the gold makes the rules. 

Edited April 29, 2020 by Greenbaum

[Chrissyb455 37]

3 hours ago, Greenbaum said:

The man who has the gold makes the rules. 

@Greenbaum Are you suggesting that the embassy will determine if we’re exempted or not?

Do you have any suggestion on how to proceed?

[NoMansLand2020 298]

7 hours ago, Babu Frik said:

That won't stop them from not processing them if that's their stance.

If course it will. It's a matter of legality. This EO is only interpreted one way. Embassies nor any other entity can make decisions based on their own interpretation. 

[Greenbaum 12,259]

40 minutes ago, Solaris81 said:

If course it will. It's a matter of legality. This EO is only interpreted one way. Embassies nor any other entity can make decisions based on their own interpretation. 

They just did. 

[Greenbaum 12,259]

3 hours ago, Chrissyb455 said:

@Greenbaum Are you suggesting that the embassy will determine if we’re exempted or not?

Do you have any suggestion on how to proceed?

They will determine if they will interview your or not and has no bearing on any EO until someone corrects them. In the meantime. "the man with the gold makes the rule". 

[Wouter 141]

From the EO:

"Sec. 3.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation."

 

Even though K-1 is technically not an exception of section 2(b) it does indicate the consular officer is considered to have authority over the decision making.

Edited April 30, 2020 by Wouter

[Greenbaum 12,259]

3 minutes ago, Wouter said:

From the EO:

"Sec. 3.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation."

Here is the problem as I see it. Someone who answered the email is not fully vetted in the EO. Their answer is not coming from the EO but someone who has not interrupted the EO. So, you can populate any part of the EO but if the embassy states this is the way it will be then this is the way it will be. 

 

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

[Chrissyb455 37]

It seems to me like we’ll have to get an immigration lawyer involved to clear up this confusion and to determine what will happen once the Embassy reopens.

 

[geowrian 22,337]

I expect this to be clarified in the FAM (or at least memos from DOS to the COs) before the consulates reopen. It won't be piecemeal where one CO or consulate treats it one way and another a different way.

I think the OP just got a response from somebody who wasn't sure and winged it. It didn't even quote a section of the INA or EO.

Time will tell.

[EmpressDee 35]

54 minutes ago, Chrissyb455 said:

It seems to me like we’ll have to get an immigration lawyer involved to clear up this confusion and to determine what will happen once the Embassy reopens.

 

If you can get a free consultation, go for it. Get free advise about the EO an how it affects your K1 Visa. But, allow some time for the dust to settle. I'm sure there will be more information with clarification on what the EO means in regards to the different Visas. 

 

[SalishSea 17,801]

2 hours ago, Chrissyb455 said:

It seems to me like we’ll have to get an immigration lawyer involved to clear up this confusion and to determine what will happen once the Embassy reopens.

 

Lawyers cannot influence embassy decisions in any way.