Official Executive Order for Suspending Entry of Immigrants

[Kay & Evan 60]

3 minutes ago, Raizee said:

My situation is same, i will contact US embassy in Dubai on Sunday as its already weekend here, better you contact them back and attach your visa copy and repeat your question again so they can get back to you, this is the lady told me on phone that to get a precise information send your visa copy to support email along with question so they can respond you. i am waiting for weekend to be finish so i can contact them for it. 

Thanks! I already sent them another email asking for that clarification but they still haven’t responded. 

[Just Paul 4,591]

2 minutes ago, Abcd1234 said:

Trying to understand logic here.

  Spouse of us citizen is exempted but not parents? So it is more likely that parents ( usually old) would take American jobs, but not spouses

It is the government.  Logic isn't always a part of the order.   There is always a chance it can be modified - and not in a good way.

[Sego 31]

27 minutes ago, Sego said:

I got in touch with Paris embassy today about my visa. My interviews was supposed to be on March 18th, cancelled and pushed back to May 20th. They are telling me that is it likely that my interview will be cancel again so it makes me wonder if K1s are really part of the exemptions of the EO. France will be out of stay at home mesures from May 11th so I wonder why my interview will be cancelled again apart from the fact that they consider K1 are included in the immigration ban and so are following measures and not issuing my visa. 

Just for those who are interested by this topic, the Embassy referred me to the overall travel ban as an explanation of why my visa interview might be cancelled again, the one that was announced at the beginning of March.

 

"

Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

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 alien who is the spouse of a U.S. citizen or lawful permanent resident;

(iii)   any alien 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;

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

(v)     any alien 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;

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

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

(viii)  any alien

(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); or

(B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

(ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

(x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or

(xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

(b)  Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.

Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.

(b)  Consistent with applicable law, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall ensure that any alien subject to this proclamation does not board an aircraft traveling to the United States.

(c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.

(d)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

Sec. 4.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall recommend that the President continue, modify, or terminate this proclamation as described in section 5 of Proclamation 9984, as amended.

Sec. 5.  Effective Date.  This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.  This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13, 2020."

[Urmij 1]

12 minutes ago, Abcd1234 said:

Trying to understand logic here.

  Spouse of us citizen is exempted but not parents? So it is more likely that parents ( usually old) would take American jobs, but not spouses

I agree with you. I am a US citizen and applied for my parents. Case is at NVC and ready for the interview. Considering that they falls under immediate relatives category, they should be exempt. I really hope the ban is lifted after 60 days and not get extended. Really sad right now.

[Just Paul 4,591]

5 minutes ago, Sego said:

Just for those who are interested by this topic, the Embassy referred me to the overall travel ban as an explanation of why my visa interview might be cancelled again, the one that was announced at the beginning of March.

 

"

Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

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 alien who is the spouse of a U.S. citizen or lawful permanent resident;

(iii)   any alien 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;

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

(v)     any alien 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;

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

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

(viii)  any alien

(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); or

(B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

(ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

(x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or

(xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

(b)  Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.

Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.

(b)  Consistent with applicable law, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall ensure that any alien subject to this proclamation does not board an aircraft traveling to the United States.

(c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.

(d)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

Sec. 4.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall recommend that the President continue, modify, or terminate this proclamation as described in section 5 of Proclamation 9984, as amended.

Sec. 5.  Effective Date.  This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.  This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13, 2020."

True a Schengen passport holder with a K1 visa is barred from entering the US of they have been in Schengen States for the 14 days prior to entry or attempted entry.  So you can enter from other allowed areas 14 days after leaving a Schengen State (or other banned areas).

 

If the consulate is open you may be able to obtain a visa but will still be subject to the travel restrictions.

[Sego 31]

4 minutes ago, Paul & Mary said:

True a Schengen passport holder with a K1 visa is barred from entering the US of they have been in Schengen States for the 14 days prior to entry or attempted entry.  So you can enter from other allowed areas 14 days after leaving a Schengen State (or other banned areas).

 

If the consulate is open you may be able to obtain a visa but will still be subject to the travel restrictions.

I knew that and I agree with you but apparently my interview will not take place for this reason. My goal was to have my visa in hand and just get ready to travel as soon as possible as K1 visa is valid for 6 months.  I will just wait and see what the Embassy is doing with interviews but if they cancel mine in May and do not reschedule until this travel ban is lifted (by the way it was supposed to be for 30 days but now the wording specify until terminated)... not so much to do!!

Edited April 23, 2020 by Sego

[Urmij 1]

4 minutes ago, Urmij said:

I agree with you. I am a US citizen and applied for my parents. Case is at NVC and ready for the interview. Considering that they falls under immediate relatives category, they should be exempt. I really hope the ban is lifted after 60 days and not get extended. Really sad right now.

Is there any platform where we can put this up or request the president to make adjustments? 

[Just Paul 4,591]

2 minutes ago, Sego said:

I knew that and I agree with you but apparently my interview will not take place for this reason.

I think you just have to stay positive since there is nothing to be done until your consulate opens.

 

1 minute ago, Urmij said:

Is there any platform where we can put this up or request the president to make adjustments? 

In the Coronavirus thread there is a thread about a Whitehouse petition for the USC to sign.  Also the petitioner can contact their two senators and house member.

[Urmij 1]

2 minutes ago, Paul & Mary said:

I think you just have to stay positive since there is nothing to be done until your consulate opens.

 

In the Coronavirus thread there is a thread about a Whitehouse petition for the USC to sign.  Also the petitioner can contact their two senators and house member.

Thank you so much for the respond. I already signed the petition. I Am not worried about 60 days because embassy is anyway closed in my country until May 14. I am just worried that the ban will not be lifted after 60 days and my case will be stuck forever when it is this close. I really wish this is my nightmare.

[LegalAlienn 125]

Our K1 case is in the embassy and interview is scheduled for June 1st. I contacted the embassy in Bosnia and this is the response I got: 

 

“We have not received an official Consular Affairs guidance on how to proceed with processing of K1 visa applications in lieu of the recent Proclamation Suspending Entry of Immigrants”

 

Seems like that not even all the embassies are on the same page! 

[Just Paul 4,591]

1 minute ago, Urmij said:

Thank you so much for the respond. I already signed the petition. I Am not worried about 60 days because embassy is anyway closed in my country until May 14. I am just worried that the ban will not be lifted after 60 days and my case will be stuck forever when it is this close. I really wish this is my nightmare.

I hope things get cleared up too!  I am supposed to go to Switzerland in June!

 

In other news I get to go into "work" this afternoon after getting COVID-19 on April 6th.

[ThomasM 11]

The US Consulate in Vienna Austria confirmed that a K-1 is a NON-IMMIGRANT visa and ARE NOT AFFECTED by this ban. K-1's will be issued once the Consulates re-open and K-1's will be allowed in the country once the travel ban is lifted (or if you aren't in a country specified by the travel ban).

[RD7712 143]

I would like some opinions here. My fiancee has her K1 visa along with her son's K2. It will expire in early July. She is currently stuck in Austria due to European Schengen area  travel ban to the USA. The new EO says that in 30 days the non immigrant visa programs would be reviewed and perhaps measures implemented. I am very nervous that in 30 days additional restrictions would be applied to those already with K visas and she will be barred from coming, even if the travel opens up in Europe in May or even June. I am seriously thinking of having her fly out as soon as possible to another country, meeting with her there in a country that is not banned from entering the USA and spending 15 days there, then flying to the USA. The problem is many countries are not allowing any tourist flying in so very limited where to go. Not many flights either. Should I go to such extreme measures, or should I have hope that the USA will open travel to EU and that it will not ban K1 visas in 30 days?

[payxibka 10,044]

1 minute ago, RD7712 said:

I would like some opinions here. My fiancee has her K1 visa along with her son's K2. It will expire in early July. She is currently stuck in Austria due to European Schengen area  travel ban to the USA. The new EO says that in 30 days the non immigrant visa programs would be reviewed and perhaps measures implemented. I am very nervous that in 30 days additional restrictions would be applied to those already with K visas and she will be barred from coming, even if the travel opens up in Europe in May or even June. I am seriously thinking of having her fly out as soon as possible to another country, meeting with her there in a country that is not banned from entering the USA and spending 15 days there, then flying to the USA. The problem is many countries are not allowing any tourist flying in so very limited where to go. Not many flights either. Should I go to such extreme measures, or should I have hope that the USA will open travel to EU and that it will not ban K1 visas in 30 days?

First exception in the EO is visa in hand.  I would not expect a change 

[RD7712 143]

11 minutes ago, ThomasM said:

The US Consulate in Vienna Austria confirmed that a K-1 is a NON-IMMIGRANT visa and ARE NOT AFFECTED by this ban. K-1's will be issued once the Consulates re-open and K-1's will be allowed in the country once the travel ban is lifted (or if you aren't in a country specified by the travel ban).

Thanks for that piece of information!