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Thekingandqueen

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    Immigration Suspension Executive Order - MEGA THREAD

    in Coronavirus Covid-19

    Posted

     

     

    This newsletter came in my email:

    President Trump's Executive Order on Suspension of Immigration
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    Immigration law book with judges gavel. Refugee citizenship law concept
     
    BACKGROUND
     
    Last night, President Trump tweeted that he will suspend US immigration. In light of our analysis below, we don’t think it is going to be really that bad but let's see.
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    Last night, the entire US immigrant community’s hearts sank in dark of the following statement by President Trump. 
     
    “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!
     
    The news was reported in the following sources with hearsay duration for suspension from 60 days to 120 days and possible exemption for H-2 seasonal workers and healthcare workers. Some singled out family members of US citizens.    
     
     
     
     
     
    The executive order may be officially released tomorrow (4/22/2020). Overall, it is not going to be that bad unless the order does not make any sense for what it purports to do.
     
    First, since the wording is “suspension” and the 60-day or 120-day duration in the news, it will make whatever measure a moratorium rather than termination. Basically, it will be temporary.  
     
    Second, if the purpose of the executive order is to save jobs for US citizens and existing US permanent residents, then the measure must be presumably effective during the suspension period.
     
    What categories of immigrant visa or benefits and what particular benefits, if not suspended, would make the otherwise new immigrants take jobs during the short 60 or 120 day period?
     
    The answer is only 1) those who have employment based I-140 or I-526 approvals whose priority dates have just become current and can file adjustment of status or have consular interviews scheduled in the next few months 2) those who have employment based I-140 or I-526 approvals from a country not subject to visa backlog and ready to file adjustment of status or have consular interview scheduled in the next few months 3) immediate relatives of US citizens (never have backlogs) 4) immediate relatives of US permanent resident (those who currently do not have backlogs) 5) newly selected H-1B applicants in fiscal year 2020 and any other new non-immigrant visa except H-2 and health care 6) Asylum seekers, U Visa, VAWA currently applying for Employment Authorizations Documents.
     
    First, please pay attention to the President’s wording “into”. As with all previous Islam ban and travel ban, those bans have been bans “into” the border. In our jargon, the ban has been on the consular processing, but not adjustment of status. The Islam travel ban does not apply to adjustment of status and never displaces those currently legally residing in US. Therefore, we anticipate and at least hope that the order may only affect those that have consular processing interviews in the next few months (but most consulates won’t open until June 2020 anyway). 
     
    Second, even we assume that the executive order will affect those adjusting status or changing status in the US, we still think 1) the executive order will not displace existing jobs in terms of terminating currently valid H-1B or suspending H-1B extension applications because doing so hurt the already weakened economy. The news about re-validating LCA for H-1B seems to be in line with this surmise. 2) the order will not affect immigration applicants from visa backlogged countries because doing so has no real economic impact as they are backlogged already. In another word, there is no point for the USCIS to suspend receiving the I-140 applications, especially with the $700 application fee. Doing so will only hurt USCIS in the suspension period and does not help US citizens get jobs.
     
    Therefore, what to do? 
     
    1)    For the five categories above, file the AOS application as soon as possible and hopefully before the executive order effective date and then pray.
     
    2)    For those with visa backlogs, start working with your attorney to prepare for a stellar immigration petition and file as soon as possible. 
     
    3)    Always apply for your status extension as early as possible (6 months in advance) whatever your status is, even you think you are inches away from getting permanent residency. 
     
    Let's wait and see.
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    Washington D.C. | Los Angeles
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    This newsletter is for information only and can not be relied upon before official attorney client relationship is established. For additional questions, please contact us at the following. We represent immigrants from our offices in Washington DC and Los Angeles.
    If you need professional attorney's assistance, please contact us at info@usa-immigration-law.com or call 301-761-1617 or 626-219-7885.
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    K1 Visa Approved! Pending Medical Exam. Need Advice please.

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    On 8/28/2018 at 3:54 PM, KozmicBlues said:

    Also...I can totally relate. We planned our wedding with a 3-4 month buffer beyond the expected approval time, but sure enough - we ended up having to cancel the original wedding plan because of delays with the K1. Luckily we hadn't booked flights yet, but had put a deposit down on a wedding venue and it was heartbreaking to cancel everything. It all worked out for the best in the end and my husband is here now, it was all worth it!

     

    What I'm trying to say is... it's impossible to predict the immigration process or rely on any estimates/expectations/etc. Plan for the worst, hope for the best is my best advice to anyone going through the process! :) 

    This is inspiring. I just found out today that my fiance has to wait 6-8 weeks for the sputum results. We had just settled on a wedding date for Nov 2, that's gotta change now. I am just going to wait until he has the visa in hand before I plan anything. I will bank on the 8 weeks and hope for a sooner result. Either way it's still a waiting game of which we have ABSOLUTELY NO CONTROL.

    No child birth certificate for Frankfurt Consulate

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    On 5/23/2019 at 11:05 AM, NikLR said:

    Next time please read and do some research. I pointed you in this direction already. 

    https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/SouthAfrica.html

    Unnecessary to try and be rude. I didn't ask how to get a birth certificate. Just what issues it will cause if I dont have it.

     

    On 5/23/2019 at 9:23 AM, payxibka said:

    The reciprocity site will indicate if a BC is available and or a workaround if not.  Fairly rare that it is not.   What native country?

     

    No child birth certificate for Frankfurt Consulate

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Has anyone not had a birth certificate for a child that will follow to join for the Frankfurt consulate. My fiance is afraid he may have problems getting his child's birthcertificate from her country of birth. She is coming later and through a totally different country. Will it be a big problem if he turns in his documents without the birth certificate for a child who will not travel with him? I would like a response from anyone with direct or known experience with this particular issue. No guesses please

    FEBRUARY 2019 K-1 NOA2 ----> NVC

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    19 minutes ago, Nafisa Zaripova said:

    You just got the first Notice of Action also known as NOA1. It doesn't yet mean that your case was approved. It takes about 5-8 months for USCIS to approve the case after NOA1. 

    I thought I already had the first Notice of Action on (NOA1)Jan 31, 2019 saying they received my case on Jan 28, 2019. That's why I'm confused.  When I called, the recording said my I-129F was processed on 3/21/2019 and that I will receive a letter within 30 days. Maybe it's an RFE? 

    FEBRUARY 2019 K-1 NOA2 ----> NVC

    in K-1 Fiance(e) Visa Case Filing and Progress Reports

    Posted

    I submitted my I-129F Jan. 25, 2019. I just found out by calling USCIS automated line that my I-129f has been processed on March 21, 2019. I also checked online status and it said the next step is they will mail their decision to me and that the notice will explain any action you need to take. Does this indicate an approval?

     

     

    Document Was Mailed

    We mailed your document for your Form I-129F, Petition for Alien Fiancé(e), Receipt Number WACxxxxxxxxxx. If you do not receive your document by April 20, 2019, please go to www.uscis.gov/e-request to request that we resend the document to you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

     

    Case History

    03/20/2019

    The Post Office returned your document to us.

    02/12/2019

    On February 12, 2019, your request to correct an error on your document or notice, referral number T1E0xxxxxxxCSC, was completed.

    02/12/2019

    On February 12, 2019, we sent a response to your request to correct an error on your document or notice, referral number T1E0xxxxxxxCSC.

    02/11/2019

    On February 11, 2019, your request to correct an error on your document or notice, referral number T1E0xxxxxxxCSC, was assigned to an officer for response.

    01/28/2019

    We received your Form I-129F, Petition for Alien Fiancé(e).

     Next Steps

    We will mail our decision to you. The notice will explain any action you need to take.

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