Official Executive Order for Suspending Entry of Immigrants

[tahm 19]

Just now, J&S12 said:

Read section 6. Apparently they're gonna come up with something for K-1's.

 

Sec. 6.  Additional Measures.  Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.

That pretty much let them do whatever they seem fit for the situation to all other types of visa, imo. By the way things are going, I don't think it's good news.

[givionte 138]

Just now, Nicolaszz said:

Should I leave before my immigrant visa expires? I don't want to prioritise a trip over my lungs If I can get my visa reissued right after it expires, but will the ban prevent me from getting my visa re-issued in case I don't go to the US before it expires?

Yes, leave now, because currently it is very difficult to travel, and you may have flights cancelled numerous times.  Also, in 30 days the EO will be reviewed, and it's possible additional restrictions will be put in place.  Additionally, most embassies are closed except for emergencies, and reissuing a visa could take months.

[NatashaK1 158]

10 minutes ago, Shiran said:

You keep saying that, but it is not in fact "clear" at all as it listed as Immigrant visa on DOS website and Embassies website. 

If it was an immigrant visa there won’t be any need to adjust status. The K1 visa only allows you to enter the US to get married. You can leave and adjust your status or you can stay in the US to adjust your status. Immigrant visa holders enter as immigrants, K1 visa holders do not enter the US as immigrants. 

[Nicolaszz 10]

1 minute ago, givionte said:

Yes, leave now, because currently it is very difficult to travel, and you may have flights cancelled numerous times.  Also, in 30 days the EO will be reviewed, and it's possible additional restrictions will be put in place.  Additionally, most embassies are closed except for emergencies, and reissuing a visa could take months.

Yeah the situation sucks. I just hope to find a flight to go to because the airport is closed here and only repatriation flights ( Which I can actually board ) are available.

[Just Paul 4,591]

2 minutes ago, Nicolaszz said:

Should I leave before my immigrant visa expires?

That would be the smartest move if it is available to you.

2 minutes ago, Nicolaszz said:

I don't want to prioritise a trip over my lungs If I can get my visa reissued right after it expires, but will the ban prevent me from getting my visa re-issued in case I don't go to the US before it expires?

While the consulate can reissue the visa due to circumstances not under your control,  they can also require lots of updated information and forms in addition to needing a new medical, visa application, fee and possible interview.  And none of that will be "fast".

[Kariz 32]

1 hour ago, tahm said:

In my opinion, K-1s are gonna be affected because they're a tricky Non-Immigrant visa because you do have the intent of immigrating. I think they're gonna delay the issue of k1s. But I could be wrong.

I disagree. when they immigrate and get married, they will be a spouse of US citizen- so they would be excluded from the ban anyway

[imsan 41]

1 hour ago, kzielu said:

K-1s are by definition "relatives" (future but still) of USC. Seems consistent with allowance for USC spouses and children. I wonder if excluding parents is a inadvertent omission. Also allowing H-1Bs / L-1Bs to process (which is unlikely to happen anyway in today's situation) invalidates the claim that is labor market protection.

 

The most hurt category will be DV entrants that have not received their visas yet - they may not be able to make it before end of September, assuming this actually gets lifted after 60 days.

I think it's just designed to stop DV lottery and Chain Migration. If so, this will be extended for few more years.

[JourneyTogether 11]

Perhaps this has been discussed, but I wonder what the impact is for cases that are currently "processing". Since the majority of CR1/IR1/K1 cases take more than 60 days to process, will USCIS/NVC/embassies continue to process cases? A subset of these visa holders can't immediately enter under the suspension, but the visas give people a 6 mo grace period to enter, so presumably people can wait out the suspension and enter? I know a lot is up in the air at the moment, but hopefully everyone's life is not too disrupted by this.

[geowrian 22,336]

Re: K-1 visas

 

The EO signed today says (https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/😞

Quote

Section 1.  Suspension and Limitation on Entry.  The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.

Everything after that goes on to state exceptions to the above.

 

I would also look at Presidential Proclamation 9983:

This says, for example with Nigeria (the other bans are worded the same exact way),

Quote

The entry into the United States of nationals of Nigeria as immigrants, except as Special Immigrants whose eligibility is based on having provided assistance to the United States Government, is hereby suspended.

Note the identical wording.

 

The Foreign Affairs Manual (FAM) is the document that defines the policies and procedures use by COs to (as one part) determine eligibility for visa.

9 FAM 302.14-10(C)(1) says (https://fam.state.gov/FAM/09FAM/09FAM030214.html#M302_14_10_C_1😞)

Quote

K Visas:  K visas are nonimmigrant visas and therefore are treated as such for PP 9645 purposes and not subject to PP 9983.

Note that PP 9983 is the one quoted above.

 

Ergo, the logical conclusion is that K-1s are not impacted by this EO. The language used is identical. These are legal documents - words matter.

Edited April 23, 2020 by geowrian

[Nicolaszz 10]

7 minutes ago, imsan said:

I think it's just designed to stop DV lottery and Chain Migration. If so, this will be extended for few more years.

Ummm it applies for almost every family based immigration classification even spouses of LPR. I doubt this will be extended for many years.

[uab1969 20]

This is from the RapidVisa web site, a service to help folks immigrate, I used them and they were good::

 

"

Trump Immigration Ban

April 22, 2020 – TRUMP IMMIGRATION BAN – President Trump signed an executive order temporarily banning certain immigrant visas. The majority of RapidVisa customers aren’t affected. It doesn’t apply to K1 fiance visas, CR1/IR1 spousal visas (with US citizen sponsors), CR2/IR2 child visas, Adjustments of status, Removal of Conditions, Naturalizations, or Tourist visas. Customers affected at this time are IR5 parent visas and F2A spousal visas (LPR sponsors)."

[payxibka 10,044]

22 minutes ago, Shiran said:

I am well aware that under the hood K-1 and K-3s are non-immigrant visas. What is less clear to me if how EO will be interpreted. Because I do not see clarity of it being non-immigrant. Logically it should be exempt for multiple reason, being non-immgrant is one, being very similar to spousal visa is another but in practice, I can easily see it being swept with other immigrant visas as there was no specific exception for it. 

Why does it need a specific exception?  What is the significance of the asterisk footnote that is missing ?

[optimistic23 46]

Just received a reply from the Citizen Service Unit of the Embassy regarding K1 visa :

 

 

 

“Thank you for your inquiry. 

 

Per our second email, decisions on entry into the United States are made by the Department of Homeland Security (and we strongly suggest that you monitor DHS' website for information).   That being said, the text of the new proclamation notes that it does not apply to those who have already been issued immigrant visas.  Since you said that you are already in possession of your visa, our current understanding is that it appears you would be permitted to enter.”

 

Personally that’s enough for me to book a ticket and travel but i see a lot of same questions been asked around regarding K1, so if you have visa in hand you’re not impacted and if you worried about your case progressing then the only way you can get a definite answer is to email your embassy and wait for them to reply. Cheers!

 

 

P.S i specifically told them that i have a K1 visa and their wording in the reply states:

“it does not apply to those who have already been issued immigrant visas.“

Edited April 23, 2020 by optimistic23

[payxibka 10,044]

1 minute ago, optimistic23 said:

Just received a reply from the Citizen Service Unit of the Embassy regarding K1 visa :

 

 

 

“Thank you for your inquiry. 

 

Per our second email, decisions on entry into the United States are made by the Department of Homeland Security (and we strongly suggest that you monitor DHS' website for information).   That being said, the text of the new proclamation notes that it does not apply to those who have already been issued immigrant visas.  Since you said that you are already in possession of your visa, our current understanding is that it appears you would be permitted to enter.”

 

Personally that’s enough for me to book a ticket and travel but i see a lot of same questions been asked around regarding K1, so if you have visa in hand you’re not impacted and if you worried about your case progressing then the only way you can get a definite answer is to email your embassy and wait for them to reply. Cheers!

Doesn't answer the k1 question, but only answers the question that it doesn't affect previous issued visas

[jackanddeona 310]

24 minutes ago, JourneyTogether said:

Perhaps this has been discussed, but I wonder what the impact is for cases that are currently "processing". Since the majority of CR1/IR1/K1 cases take more than 60 days to process, will USCIS/NVC/embassies continue to process cases? A subset of these visa holders can't immediately enter under the suspension, but the visas give people a 6 mo grace period to enter, so presumably people can wait out the suspension and enter? I know a lot is up in the air at the moment, but hopefully everyone's life is not too disrupted by this.

Why would cr1 and ir1 cases be affected if they are exempt?

Edited April 23, 2020 by jackanddeona