Called CBP officer.. What?!?

[Nicolaszz 10]

I called the CBP to make sure that I can enter the US.. I'm an immigrant visa holder who is an immediate relative of a US resident... He said that I shouldn't travel to the US through europe because I'll have to wait 14 days in another country. That's.. wrong, right? Shouldn't I be excluded according to Ban?

[Crazy Cat 41,844]

The immigrant visa EO and the travel restrictions are two separate entities.......it is possible to be excluded from the visa executive order (EO), yet affected by the Covid-19 travel restrictions (14 day quarantine outside the US).......

Edited May 19, 2020 by Lucky Cat

[Nicolaszz 10]

1 minute ago, Lucky Cat said:

The immigrant visa EO and the travel restrictions are two separate entities.......it is possible to be excluded from the visa executive order (EO), yet affected by the Covid-19 travel restrictions.......

Not what I Meant.. https://www.dhs.gov/news/2020/03/17/fact-sheet-dhs-notice-arrival-restrictions-china-iran-and-certain-countries-europe

According to the DHS and the proclamation, the restrictions shouldn't apply to me...

[Crazy Cat 41,844]

Just now, Nicolaszz said:

Not what I Meant.. https://www.dhs.gov/news/2020/03/17/fact-sheet-dhs-notice-arrival-restrictions-china-iran-and-certain-countries-europe

According to the DHS and the proclamation, the restrictions shouldn't apply to me...

I think it depends through which countries you would transit.....

[Nicolaszz 10]

Just now, Lucky Cat said:

I think it depends through which countries you would transit.....

It says that immediate relatives of us residents are not affected tho?

[Crazy Cat 41,844]

1 minute ago, Nicolaszz said:

It says that immediate relatives of us residents are not affected tho?

I see.......I guess if the airline allows you to board, you're OK......good luck..

[Nicolaszz 10]

Just now, Lucky Cat said:

I see.......I guess if the airline allows you to board, you're OK......good luck..

are the ....... on purpose?.....

[Crazy Cat 41,844]

1 minute ago, Nicolaszz said:

are the ....... on purpose?.....

They don't mean anything other than a pause in my thinking...😄

[payxibka 10,045]

9 minutes ago, Nicolaszz said:

Not what I Meant.. https://www.dhs.gov/news/2020/03/17/fact-sheet-dhs-notice-arrival-restrictions-china-iran-and-certain-countries-europe

According to the DHS and the proclamation, the restrictions shouldn't apply to me...

If they apply to USCs and LPRs,  they certainly apply to you 

[Nicolaszz 10]

6 minutes ago, payxibka said:

If they apply to USCs and LPRs,  they certainly apply to you 

It doesn't say that they apply to USCs and LPRs?

[payxibka 10,045]

• American citizens, legal permanent residents, and their immediate families who are arriving from impacted area must travel through one of 13 airports where DHS has established enhanced entry screening capabilities.
• All American citizens, legal permanent residents, and their immediate families who are returning from the impacted area must self-quarantine for 14 days after their arrival.

[Nicolaszz 10]

Just now, payxibka said:

• American citizens, legal permanent residents, and their immediate families who are arriving from impacted area must travel through one of 13 airports where DHS has established enhanced entry screening capabilities.
• All American citizens, legal permanent residents, and their immediate families who are returning from the impacted area must self-quarantine for 14 days after their arrival.

Yeah, I'm an immediate family member. I was asking whether it's true that they would refuse me entry.

[geowrian 22,337]

Your profile shows FB-4. Is that correct? This is for siblings of a US citizen.

If so, you are not considered an "immediate relative" in terms of US immigration. Immediate relatives get IR or CR visas, not FB visas.

 

The actual exceptions in the EOs list a child (unmarried, under-21) sibling as an exception, but not married or 21+ siblings. I'm not sure if this applies to you or not.

That fact sheet in the prior link says "immediate family" but the EOs define what that actually means:

https://www.federalregister.gov/documents/2020/03/16/2020-05578/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of

Quote

Sec. 2. Scope of Suspension and Limitation on Entry.

(a) Section 1 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any alien who is the spouse of a U.S. citizen or lawful permanent resident;

(iii) any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

(iv) any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

(v) any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi) any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

(vii) any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;

(viii) any alien

 

Edited May 19, 2020 by geowrian

[Nicolaszz 10]

15 minutes ago, geowrian said:

Your profile shows FB-4. Is that correct? This is for siblings of a US citizen.

If so, you are not considered an "immediate relative" in terms of US immigration. Immediate relatives get IR or CR visas, not FB visas.

 

The actual exceptions in the EOs list a child (unmarried, under-21) sibling as an exception, but not married or 21+ siblings. I'm not sure if this applies to you or not.

That fact sheet in the prior link says "immediate family" but the EOs define what that actually means:

https://www.federalregister.gov/documents/2020/03/16/2020-05578/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of

 

Yeah, we (my mom and my brother and I) received an F4 visa from my uncle, but my mom and brother already went to the US, so they're already permanent residents. I couldn't go because I was finishing my school year. So they are technically permanent residents. Only I'm not. Doesn't that mean I am allowed to enter? I called the CBP anyway and they told me I can enter, cause my mom is an LPR. I didn't tell them my visa is an F4 visa though.

[geowrian 22,337]

1 minute ago, Nicolaszz said:

Yeah, we (my mom and my brother and I) received an F4 visa from my uncle, but my mom and brother already went to the US, so they're already permanent residents. I couldn't go because I was finishing my school year. So they are technically permanent residents. Only I'm not. Doesn't that mean I am allowed to enter? I called the CBP anyway and they told me I can enter, cause my mom is an LPR. I didn't tell them my visa is an F4 visa though.

The item in bold would be the exception for you.

Quote

(v) any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

So you should be fine.