Trump To Suspend H-1B and Other Visas Until End Of Year

[retheem 564]

Anything outside of IRI/CR1 is pretty micj suspended until 2021. K1...thats a grey area. That's why people need to vote this punk out in November. He is playing russian roulette with people's lives

[StaGor 26]

12 minutes ago, Paul & Mary said:

No they are IR-5.   The ban applies to them.    Only spouses, children and children being adopted are excluded from the "Immigrant" ban.   Nothing there has changed.

These are heartbreaking news, but I appreciate the answer.

[NatashaK1 158]

2 hours ago, Cilllah said:

So K1 still not impacted? That’s good. I have a valid visa and will be entering soon.

The green card ban worries me though. So I try to adjust and the application just sits there until they start processing them again whenever that is? So no EAD or anything for who knows how long?

It won’t affect you, you will become a spouse of a citizen when you are applying for your green cards 

[Leyla100 1]

2 hours ago, Paul & Mary said:

Spouses and children of LPR's will continue to be banned until the end of the year.

Let’s say the petitioner was a green holder when he filled the visa for his kid but got his citizenship recently will the kid get his visa now ??

[Just Paul 4,595]

1 minute ago, Leyla100 said:

Let’s say the petitioner was a green holder when he filled the visa for his kid but got his citizenship recently will the kid get his visa now ??

Not unless the petition has been converted by USCIS (or NVC).  Have you contacted them?

[Retongo 0]

How can we increase chances of a federal judge blocking this EO?

[laylalex 7,284]

@geowrian, what's your take on this being applicable to people who already have an existing valid visa in one of the affected classes seeking an extension this year? That's the situation we're in right now -- the process has started for his L1B extension and he is here already (and NOT leaving the US -- I have forbid it!) but I am not completely clear if the EO covers this. It's not a "new" visa per se but an application nevertheless. We have a "fix" of getting married in the pipeline but not until later in the year.

[geowrian 22,337]

29 minutes ago, laylalex said:

@geowrian, what's your take on this being applicable to people who already have an existing valid visa in one of the affected classes seeking an extension this year? That's the situation we're in right now -- the process has started for his L1B extension and he is here already (and NOT leaving the US -- I have forbid it!) but I am not completely clear if the EO covers this. It's not a "new" visa per se but an application nevertheless. We have a "fix" of getting married in the pipeline but not until later in the year.

I would expect it to cover any visa application covered by the EO which is not covered by an exception.

I don't deal a whole lot with L visas, sorry. I know what they are and when they apply, but specifics are something I generally refer back to the company's immigration attorney because they can provide actual legal advice.

 

If it results in a new visa, I would expect it to be covered by the EO.

Alternatively, one can do an Extension of Stay (EOS) within the US via an I-539. This should not be covered by the EO. The only issue is he can't leave the US and return...he needs an actual visa for that.

Edited June 23, 2020 by geowrian

[laylalex 7,284]

5 minutes ago, geowrian said:

I would expect it to cover any visa application covered by the EO which is not covered by an exception.

I don't deal a whole lot with L visas, sorry. I know what they are and when they apply, but specifics are something I generally refer back to the company's immigration attorney because they can provide actual legal advice.

 

If it results in a new visa, I would expect it to be covered by the EO.

Alternatively, one can do an Extension of Stay (EOS) within the US via an I-539. This should not be covered by the EO. The only issue is he can't leave the US and return...he needs an actual visa for that.

Thanks. I asked him to ask HR today and he said he would. They handle everything, I just worry. We have a quick fix of getting married now and filing for AOS since I'm a USC, but our county wasn't issuing marriage licenses last time I checked, and I'm not crazy about travelling to another county to get one and then get married quickly. We're trying to avoid that.

 

When I hear anything, I'll report back. Not many L visas on here that I've seen.

[vincentlina 74]

15 hours ago, sl1pstream said:

The one thing that scares me right now, more than anything else, are the reports that he's mad about the low attendance at his rally. The same rally that was supposed to counter him being mad over the polls that say that he'd lose to Biden.

 

I'm scared that he's going to go over the top with this EO, because he's grasping at straws. He thinks he needs to get his base back and if rallies don't work and the economy is a mess because of the virus, immigration seems to be the thing to go after. As an added bonus he can blame the virus and the economy on those immigrants.

"he can blame the virus and the economy on those immigrants"...actually he cannot after he has banned them all from entry into the US.

[jasonlzak 173]

9 minutes ago, vincentlina said:

"he can blame the virus and the economy on those immigrants"...actually he cannot after he has banned them all from entry into the US.

He is afraid that immigrants will take all the jobs that the American are not bother to apply in the first place.

[JacobP 185]

1 hour ago, laylalex said:

Thanks. I asked him to ask HR today and he said he would. They handle everything, I just worry. We have a quick fix of getting married now and filing for AOS since I'm a USC, but our county wasn't issuing marriage licenses last time I checked, and I'm not crazy about travelling to another county to get one and then get married quickly. We're trying to avoid that.

 

When I hear anything, I'll report back. Not many L visas on here that I've seen.

For what it's worth, Section 3 (b)(ii) of the new executive order gives an exemption to anyone married to a US citizen. Can't say getting married would fix every issue, especially if you're relying on a consulate for renewal, I dunno how that works, or if it would make renewing an L harder for other completely separate reasons. But it's something to consider.

[Trutta 103]

18 hours ago, sl1pstream said:

I'm scared that he's going to go over the top with this EO

Wouldn't it be nice if we had a system of checks and balances, with a legislative wing that legislated law and an executive wing that executed law?

3 hours ago, jasonlzak said:

He is afraid that immigrants will take all the jobs that the American are not bother to apply in the first place.

Like first lady.

[geowrian 22,337]

30 minutes ago, Trutta said:

Wouldn't it be nice if we had a system of checks and balances, with a legislative wing that legislated law and an executive wing that executed law?

Yes, although that doesn't have much relevance to the EO in this thread.

 

The law - INA 212(f) specifically - allows the POTUS to deny entry to any class of alien.

Quote

(f) Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

So long as this does not violate another section of law (as determined by the judicial branch,. or as created/removed/modified by the legislative branch), this is all within his authority.

Elections have consequences.

 

Edit: Just to be clear....there may or may not be sections of this EO, or how it is implemented, that does exactly that. But a court would need to make that determination.

Namely, possible Constitutional arguments or it being enacted as a violation of the APA.

Edited June 23, 2020 by geowrian

[El Escocés 217]

Travel ban online advisor

 

Greg Siskind (Immigration lawyer) over on Twitter (@gsiskind) released a little travel advisor questionnaire walkthrough that some might find useful. Not quite 100%, but should answer most folks quieres whether they are subject to the ban. 
 

He’s also been answering questions via his twitter feed or conducting live meetings to answer questions.