Expedited and travel ban (Split)

[aaron2020 11,651]

6 minutes ago, ArkansasExile said:

Yup. 

Appreciate that - I just had concern whether it was considered "done" until CPB admitted. That was the root of my concern/confusion

It's not done until they are admitted as legal permanent residents.  Immigrant visas can expire.  Having immigrant visas does not grant any rights.  Being admitted into the US as legal permanent residents gives them rights.

[Boiler 45,519]

I have certainly seen suggestions that Biden will drop the 2 weeks requirement, they were looking at the end of May, but who knows.

[Bidao 0]

4 hours ago, ArkansasExile said:

Due to a terminal illness for my mother, we got my parents expedited this week to the US Embassy in London from NVC (second expedite request). 

Their interview is April 28th, medical April 29th. 

My question is one I'm having a hard time figuring out ... the 14 day regional travel ban. Assuming they are approved and sent passports back in mid-May after their interview, will they be able to travel? It seems unsure to me whether they are considered visa holders before they are admitted the first time by CBP? Can anyone advise their experiences or how we can answer this? They plan on asking at the embassy but we aren't sure whether they will be forthcoming with an answer or not

Probably they will have a NIE in their visa. With this expectation they can fly to USA.

[Ontarkie 14,225]

~~Duplicate threads merged.~~

[Natachito 3]

https://travel.state.gov/content/travel/en/News/visas-news/updates-to-national-interest-exceptions-for-regional-covid-proclamations.html

[blchaddy 15]

On 4/23/2021 at 12:42 PM, ArkansasExile said:

 

My question is one I'm having a hard time figuring out ... the 14 day regional travel ban. Assuming they are approved and sent passports back in mid-May after their interview, will they be able to travel? It seems unsure to me whether they are considered visa holders before they are admitted the first time by CBP? Can anyone advise their experiences or how we can answer this? They plan on asking at the embassy but we aren't sure whether they will be forthcoming with an answer or not

It depends on which type of visa they hold or get approved for..if they are nationals or LPRs..if none of the above apply, if you are a us citizen/lpr, under 21 and unmarried, your parents are not subject to the ban. You pretty much need to be a US citizen, LPR, be certain relatives of citizens/lprs, certain visa holders (this appears limited), military, diplomat, air crew, other government officials. 
 If you read section 2-a of the following, it will clarify who doesn’t have the follow this ban (this is for those coming from the UK to the US, but the proclamation is the same for each banned country): https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/proclamation-on-the-suspension-of-entry-as-immigrants-and-non-immigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease/

 

Here is the relavant part copied from the proclamation that states who 14 day ban does not apply to:

 

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 noncitizen national of the United States;

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

(iv)    any noncitizen 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;

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

(vi)    any noncitizen 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

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

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

(ix)    any noncitizen

(A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); 

.....

[ArkansasExile 5]

So they are under IR5 category, filing for permanent residency as parents to US Citizens (non minors). 

 

Our confusion is whether that places them under this exemption:

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

 

If their visas are approved then they would be considered a lawful permanent resident?

[Wuozopo 4,293]

1 hour ago, ArkansasExile said:

So they are under IR5 category, filing for permanent residency as parents to US Citizens (non minors). 

 

Our confusion is whether that places them under this exemption:

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

 

If their visas are approved then they would be considered a lawful permanent resident?

When their visa is approved, will they have a greencard in hand? No

When their visa is approved, will their passports be stamped with an I-551 endorsement? No

They have to be in the United States to get those things.
 

I think you you are equating a visa with a greencard. The embassy (Dept of State) grants visas. They don’t grant permanent residency. That has to be granted by DHS. Their visa makes them eligible for permanent residency when they get to the US.

[ArkansasExile 5]

1 minute ago, Wuozopo said:

When their visa is approved, will they have a greencard in hand? No

When their visa is approved, will their passports be stamped with an I-551 endorsement? No

They have to be in the United States to get those things.
 

I think you you are equating a visa with a greencard. The embassy (Dept of State) grants visas. They don’t grant permanent residency. That has to be granted by DHS. Their visa makes them eligible for permanent residency when they get to the US.

That was what I was afraid of. 

 

They'll likely just have to go to Mexico or a third country for two weeks.

 

Thanks