Official Executive Order for Suspending Entry of Immigrants

[Scaret_e 14]

On 4/22/2020 at 7:48 PM, Unlockable said:

 Great summary by our valued member @geowrian

 

 

So my wife and I did a spousal visa which she got in February and expires on july2020. She can enter the USA correct ?

[geowrian 22,335]

1 minute ago, Scaret_e said:

So my wife and I did a spousal visa which she got in February and expires on july2020. She can enter the USA correct ?

Existing visa: No problem

Spouse of a US citizen: No problem

 

Biggest issue is getting a flight to the US. But if you can, nothing with this EO should be a problem.

[Scaret_e 14]

Just now, geowrian said:

Existing visa: No problem

Spouse of a US citizen: No problem

 

Biggest issue is getting a flight to the US. But if you can, nothing with this EO should be a problem.

What’s EO? 

[geowrian 22,335]

3 minutes ago, Scaret_e said:

What’s EO? 

Executive Order - the topic of this discussion.

[Scaret_e 14]

Just now, geowrian said:

Executive Order - the topic of this discussion.

Got it thanks

 

so we should be good as long as we have a flight 🙏🏽

[geowrian 22,335]

15 minutes ago, Scaret_e said:

Got it thanks

 

so we should be good as long as we have a flight 🙏🏽

Correct

[Gar9 5]

On 4/23/2020 at 5:16 AM, Unlockable said:

Moderator Advisory. This topic is to discuss the facts of the Executive Order.  Do not use this topic for bickering, political banter, name calling, or attacking other members. Only discuss this Order and the parties it will impact.

 

https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak

 

 

 

EO Suspending Immigration Visa for IR-5 , F1, F2A, F2B, F3, F4 etc. for 60 days – Clarification Needed.

 

Does it mean stop processing of I-130 , at every stage ( USCIS , NVC , Consulate , Interview ) or only at the final stage of issuance of the IV .

 

Clarification is required if  I-130 processing for these categories will continue inside USCIS/NVC/Consulate internally but only issuance of Visa will be put on hold for 2 months . Therefore there will not be any delay in processing of I-130 at these stages ? Subsequently they will start issuing the visa after the Interview , after 60 days .

 

 Or otherwise they will drop out these cases all together at all levels and stop I-130 processing . So there will be delay at every stage ?

 ---------------------------------------------------------

[Quarknase 1,072]

2 hours ago, Gar9 said:

 

EO Suspending Immigration Visa for IR-5 , F1, F2A, F2B, F3, F4 etc. for 60 days – Clarification Needed.

 

Does it mean stop processing of I-130 , at every stage ( USCIS , NVC , Consulate , Interview ) or only at the final stage of issuance of the IV .

 

Clarification is required if  I-130 processing for these categories will continue inside USCIS/NVC/Consulate internally but only issuance of Visa will be put on hold for 2 months . Therefore there will not be any delay in processing of I-130 at these stages ? Subsequently they will start issuing the visa after the Interview , after 60 days .

 

 Or otherwise they will drop out these cases all together at all levels and stop I-130 processing . So there will be delay at every stage ?

 ---------------------------------------------------------

cases are still processing. The EO effects visa issuance until lifted.

[Urmij 1]

20 hours ago, Gar9 said:

 

EO Suspending Immigration Visa for IR-5 , F1, F2A, F2B, F3, F4 etc. for 60 days – Clarification Needed.

 

Does it mean stop processing of I-130 , at every stage ( USCIS , NVC , Consulate , Interview ) or only at the final stage of issuance of the IV .

 

Clarification is required if  I-130 processing for these categories will continue inside USCIS/NVC/Consulate internally but only issuance of Visa will be put on hold for 2 months . Therefore there will not be any delay in processing of I-130 at these stages ? Subsequently they will start issuing the visa after the Interview , after 60 days .

 

 Or otherwise they will drop out these cases all together at all levels and stop I-130 processing . So there will be delay at every stage ?

 ---------------------------------------------------------

My cousin just received NVC notice for case creation to submit fees, AOS and documents yesterday only for I130 she filed for her parents IR5 category. So i guess NVC is still processing cases. I am not sure if they will get interview or not. My case is also stuck at NVC. It is documentary qualified and in line for interview for my parents. I hope they get interview soon and the ban is lifted.

[Gar9 5]

4 hours ago, Urmij said:

My cousin just received NVC notice for case creation to submit fees, AOS and documents yesterday only for I130 she filed for her parents IR5 category. So i guess NVC is still processing cases. I am not sure if they will get interview or not. My case is also stuck at NVC. It is documentary qualified and in line for interview for my parents. I hope they get interview soon and the ban is lifted.

 

When did your cousin recieve NOA.2 intimating petition approval . What is the PD ( NOA.1) date ? What category of visa your cousin had applied for ?

How to make sure that USCIS depatment is functioning 

[Quarknase 1,072]

8 hours ago, Gar9 said:

 

When did your cousin recieve NOA.2 intimating petition approval . What is the PD ( NOA.1) date ? What category of visa your cousin had applied for ?

How to make sure that USCIS depatment is functioning 

USCIS is "functioning" and so is NVC. Both are working on all types of filed submissions. And it was never stated that they'll stop to do so. 

[Gar9 5]

14 hours ago, Quarknase said:

USCIS is "functioning" and so is NVC. Both are working on all types of filed submissions. And it was never stated that they'll stop to do so. 

 

It is still not confirmed that they are processing Immigration Visa for IR-5 , F1, F2A, F2B, F3, F4 etc. also , which have been suspended for 60 days . May be they are processing other types of Immigration Visas which are unaffected by the order . Thanks for your reply . 

[Quarknase 1,072]

3 hours ago, Gar9 said:

 

It is still not confirmed that they are processing Immigration Visa for IR-5 , F1, F2A, F2B, F3, F4 etc. also , which have been suspended for 60 days . May be they are processing other types of Immigration Visas which are unaffected by the order . Thanks for your reply . 

What type of confirmation are you looking for? The order is pretty clear that a visa will not be issued while it's in effect.

Processing at USCIS and NVC on the other hand is still happening and we've seen petition approvals, WL's and DQ's since

[Peaksy 4]

Quite confused by all this. 

 

IR5 interview was postponed due to Covid, then the EO came out.

 

Called DOS - advised to proceed as planned since no where in the "small print" did it explicitly state that IR5 was suspended. It only stated in the small print that children were permitted - though it does state children/spouses are ok in the high level EO.

 

So not sure what "small print" he was looking at, but he said to proceed as planned - reschedule interview as soon as embassy opens and carry on - since its all at the discretion of the consulate officer anyway under the "any individual of national interest to further support the united states" (paraphrasing).

 

Not sure what to make of that and fear that my parents would be officially refused if we did so.

[geowrian 22,335]

22 minutes ago, Peaksy said:

Quite confused by all this. 

 

IR5 interview was postponed due to Covid, then the EO came out.

 

Called DOS - advised to proceed as planned since no where in the "small print" did it explicitly state that IR5 was suspended. It only stated in the small print that children were permitted - though it does state children/spouses are ok in the high level EO.

 

So not sure what "small print" he was looking at, but he said to proceed as planned - reschedule interview as soon as embassy opens and carry on - since its all at the discretion of the consulate officer anyway under the "any individual of national interest to further support the united states" (paraphrasing).

 

Not sure what to make of that and fear that my parents would be officially refused if we did so.

It's up to the consulate (once they reopen normal appointments) if they plan to resume interviewing these individuals. It's possible some may prioritize clearly exempted individuals first.

But yes, the CO makes a final decision if they are inadmissible under INA 212(f) or not. They would determine if any of the exceptions apply to the applicant.

If they determine they are inadmissible, they will be refused the visa. If the only issue is this EO, they can attempt to wait out the ban, at which point they would then become eligible for the visa again.