replacement visa

[hanmel009 0]

Anybody here who has been reissued a replacement visa which expired due to Covid? Please share your experience, I cannot get a respond from the embassy. This is an immigrant visa for my dad? Thank you all

[milimelo 4,581]

No IR-5 visa can be issued until EO banning those expires.

[Milasa 19]

Actually some embassies reissued IR5 visas if you check statistics on issued visas over this summer you’ll see, I was surprised.

[SusieQQQ 11,587]

On 12/15/2020 at 4:27 PM, milimelo said:

No IR-5 visa can be issued until EO banning those expires.

 

1 hour ago, Milasa said:

Actually some embassies reissued IR5 visas if you check statistics on issued visas over this summer you’ll see, I was surprised.

The wording of the executive order applies only to those who were not in possession of a valid visa before the date of the proclamation. Those who already held IR5 visas were in fact in possession of such and while one or two embassies stated they would not reissue anything subject to the proclamation, others did reissue because those people had been in possession of valid visas prior to the proclamation and therefore were not subject to it. If I recall correctly part of the outcome of the diversity visa + lawsuit was that previously issued visas were not subject to the proclamation as far as re-issuance was concerned (the judge actually further ruled that the prohibition was only on entry and not issuance, and ordered embassies to issue DV visas before 30 September but subject to annotations that those visas could not be used to enter the US during the period of the ban. This was urgent as DV eligibility expired at end September; technically the same argument could apply to other banned visas too, but no other ones have a sunset clause, so there was no point rushing into issuing them.)

Certainly, some embassies have been far more helpful than others as far as reissuance  goes, and some are also just not reissuing under a blanket “no routine issuance at present” type statement. It’s all about to be a moot point in a few weeks anyway.

 

 

Edited December 17, 2020 by SusieQQQ

[Milasa 19]

13 hours ago, SusieQQQ said:

 

The wording of the executive order applies only to those who were not in possession of a valid visa before the date of the proclamation. Those who already held IR5 visas were in fact in possession of such and while one or two embassies stated they would not reissue anything subject to the proclamation, others did reissue because those people had been in possession of valid visas prior to the proclamation and therefore were not subject to it. If I recall correctly part of the outcome of the diversity visa + lawsuit was that previously issued visas were not subject to the proclamation as far as re-issuance was concerned (the judge actually further ruled that the prohibition was only on entry and not issuance, and ordered embassies to issue DV visas before 30 September but subject to annotations that those visas could not be used to enter the US during the period of the ban. This was urgent as DV eligibility expired at end September; technically the same argument could apply to other banned visas too, but no other ones have a sunset clause, so there was no point rushing into issuing them.)

Certainly, some embassies have been far more helpful than others as far as reissuance  goes, and some are also just not reissuing under a blanket “no routine issuance at present” type statement. It’s all about to be a moot point in a few weeks anyway.

 

 

Hopefully next year there will be no more bans. Thank you for such detailed explanation.