Official Executive Order for Suspending Entry of Immigrants

[BlackAfrodyte 73]

Wow. Thankful that Chile considers k1 as immigrant visa instead of non. This is what I was told  by the embassy when the first EO was drafted. Hopefully they keep the same energy and open up soon. Fingers crossed. 

[NatashaK1 158]

43 minutes ago, sl1pstream said:

Because it mentions everyone who doesn't currently have a visa.

I don’t know where you saw that, because that will mean tourist visas (b1/b2) are included. But this is what I saw. 

Edited June 22, 2020 by NatashaK1

[NatashaK1 158]

3 minutes ago, BlackAfrodyte said:

Wow. Thankful that Chile considers k1 as immigrant visa instead of non. This is what I was told  by the embassy when the first EO was drafted. Hopefully they keep the same energy and open up soon. Fingers crossed. 

They can’t consider it as what it’s not. It’s a non immigrant visa it’s just processed like an immigrant visa. 

[ek1357 116]

6 minutes ago, NatashaK1 said:

I don’t know where you saw that, because that will mean tourist visas (b1/b2) are included. But this is what I saw. 

I completely agree. I’m not sure where the confusing is arising from- if you weren’t part of the initial EO on immigration and you are not H-1B, H-2B, J or L then you are not affected. 
 

If you already have a valid visa and passport then you are also excluded. 

[Quarknase 1,072]

12 minutes ago, BlackAfrodyte said:

Wow. Thankful that Chile considers k1 as immigrant visa instead of non. This is what I was told  by the embassy when the first EO was drafted. Hopefully they keep the same energy and open up soon. Fingers crossed. 

if Chile considers it as immigrant visa, that wouldn't be beneficial. As @Paul & Mary rightfully stated on page 49, the only family based visas that are currently not suspended are CR1/2, IR1/2/4 and IH4.

[BlackAfrodyte 73]

16 minutes ago, NatashaK1 said:

They can’t consider it as what it’s not. It’s a non immigrant visa it’s just processed like an immigrant visa. 

Same difference. They process it as an immigrant visa. Their discretion. 

[BlackAfrodyte 73]

7 minutes ago, Quarknase said:

if Chile considers it as immigrant visa, that wouldn't be beneficial. As @Paul & Mary rightfully stated on page 49, the only family based visas that are currently not suspended are CR1/2, IR1/2/4 and IH4.

Seeing as though it's up to them and their discretion,  I'm going by what they told me as K1 isn't specifically mentioned. 

[Quarknase 1,072]

3 minutes ago, BlackAfrodyte said:

Seeing as though it's up to them and their discretion,  I'm going by what they told me as K1 isn't specifically mentioned. 

K1 should not be affected by the ban since its a non-immigrant visa. I am just pointing out the potential challenge if an embassy decides to treat it as an immigrant visa - in that case it would be banned (through their eyes, not by the EO)

[NatashaK1 158]

3 minutes ago, BlackAfrodyte said:

Same difference. They process it as an immigrant visa. Their discretion. 

Immigrant visas have been suspended since April with some exceptions. And now you’re saying that k1’s are suspended at the Chile embassy and won’t be issued because Chile Embassy says it’s an immigrant visa? that’s tough! And nope an embassy can’t decide whether a visa category falls under an EO at their discretion. It doesn’t work like that. 
 

I think you should speak to someone else at your embassy. 

[NatashaK1 158]

4 minutes ago, Quarknase said:

K1 should not be affected by the ban since its a non-immigrant visa. I am just pointing out the potential challenge if an embassy decides to treat it as an immigrant visa - in that case it would be banned (through their eyes, not by the EO)

My thoughts exactly, at this point I think even the embassy staff are confused. Can’t blame them, there’s either a new travel ban or EO every other month. 

[BlackAfrodyte 73]

5 minutes ago, NatashaK1 said:

Immigrant visas have been suspended since April with some exceptions. And now you’re saying that k1’s are suspended at the Chile embassy and won’t be issued because Chile Embassy says it’s an immigrant visa? that’s tough! And nope an embassy can’t decide whether a visa category falls under an EO at their discretion. It doesn’t work like that. 
 

I think you should speak to someone else at your embassy. 

At first they said they do not consider it as a non immigrant visa, which I disagreed. I spoke with several individuals there but comes back the same. In the order it states "The consular officer shall determine, in his or her discretion, whether a nonimmigrant has established his or her eligibility for an exception in section 3(b) of this proclamation." According to them, "k1 isn't non immigrant" and they believe it's part of the ban. Who knows anymore. Things keep changing. 

[BlackAfrodyte 73]

20 minutes ago, Quarknase said:

K1 should not be affected by the ban since its a non-immigrant visa. I am just pointing out the potential challenge if an embassy decides to treat it as an immigrant visa - in that case it would be banned (through their eyes, not by the EO)

I promise it's like the reverse for them....oh God....lol

[jasonlzak 173]

All we need at this time is an injunction from judges.

[geowrian 22,335]

5 minutes ago, NatashaK1 said:

My thoughts exactly, at this point I think even the embassy staff are confused. Can’t blame them, there’s either a new travel ban or EO every other month. 

^This.

 

There's certainly confusion among general staff. I've been watching the FAM to see if there is any official guidance, as well as any memos I can find.

It simply will not be covered by the ban in one area and not in the other. If that were to even start to happen, I would expect a fairly quick injunction. The issue right now is a lack of clear guidance.

 

Note that this is separate from interview priorities. The consulate can prioritize certain categories over others, although a direct, indeterminate hold is more questionable.

 

This is also separate from holding on processing cases for which they believe one would be inadmissible, such as K-1 applicants in regions covered by a 14 days physical presence ban.

While technically those can still be issued and used (under the provision that the individuals will reside 14+ days in a non-banned country), the consulate may choose to hold their interviews as a means to enforce compliance with those EOs. Expecting people to take that approach may be deemed unreasonable.

Whether or not this would hold up to a legal challenge is a different matter...I'm unsure which way this would go.

 

2 minutes ago, BlackAfrodyte said:

At first they said they do not consider it as a non immigrant visa, which I disagreed. I spoke with several individuals there but comes back the same. In the order it states "The consular officer shall determine, in his or her discretion, whether a nonimmigrant has established his or her eligibility for an exception in section 3(b) of this proclamation." According to them, "k1 isn't non immigrant" and they believe it's part of the ban. Who knows anymore. Things keep changing. 

Yes, the CO determines if an exception from section 3 applies.

They do not get to arbitrarily determine what visa classes are covered by section 1 of the EO.

[Just Paul 4,591]

8 minutes ago, jasonlzak said:

All we need at this time is an injunction from judges.

I'm sure there are a few ready in the 9th district.  But it is pretty hard due the emergency conditions.