Official Executive Order for Suspending Entry of Immigrants

[BlackAfrodyte 73]

30 minutes ago, geowrian said:

Yup, and the FAM was updated to reflect that K-1s were exempt from the ban on Nigerians (https://fam.state.gov/FAM/09FAM/09FAM030214.html "K Visas:  K visas are nonimmigrant visas and therefore are treated as such for PP 9645 purposes and not subject to PP 9983.  Therefore, if a K visa applicant is subject to restrictions under PP 9645 as a nonimmigrant applicant, he/she must either qualify for an exception or waiver before a visa may be issued.")

 

It's not mentioned as it is not being treated differently. They don't say if A or G o NATO or TN or [whatever] visas are impacted either, because there is no change to them.

Very knowledgeable. thanks. I plan to recite this to them should they state something different. lol

[geowrian 22,335]

23 minutes ago, JacobP said:

I feel like this just makes things even more confusing. Why are some consulates convinced that this affects K-1s when there's pretty clear precedent to treat it as a non-immigrant in similar cases? Why have they not issued any tangible guidance for K-1s in this case? Sure, there's travel bans and the universal halt on routine processing, but it seems like on here that some consulates in areas not subject to a travel ban are not even sure if they're allowed to issue K1s in emergencies or not.

I think the issue is just general confusion. There's multiple new EOs in place covering different circumstances + a severe reduction in staff at the consulates. Chaos ensues.

Sometimes the wrong EOs are referenced in responses. Sometimes the same individual even gets contradictory responses from the same consulate, depending on who actually responded to an email. It's nuts.

 

The annoying part to me is why DOS leadership has not provided guidance yet. I get that takes some time to do a legal analysis and review, and there was not a rush given that visa services were suspended anyway. Maybe a month or even 2 is reasonable, but it's been too long now.

They aren't making things easier on themselves or the people..that's what gets me.

Edited June 23, 2020 by geowrian

[qwer123we 1]

I believe the embassy in Kyiv treats K1(I-129F) as an immigrant visa.

[geowrian 22,335]

5 minutes ago, qwer123we said:

I believe the embassy in Kyiv treats K1(I-129F) as an immigrant visa.

That only means it's handled by the IV unit at the consulate. All K-1s are handled by IV units because the requirements and documents required are more similar to that of IVs than NIVs.

[Just Paul 4,591]

3 minutes ago, qwer123we said:

I believe the embassy in Kyiv treats K1(I-129F) as an immigrant visa.

All K1s interview and are processed initially at the IV unit in each consulate.  True that a K1/K2 needs a medical and police certificate like a family visa.  But look closely at the actual visa and it says "Non Immigrant" on it.  Also an immigrant visa does not require AOS in order to obtain a green card.  K1 visas are listed in the statistically in the non immigrant visa group.  Lastly a K1 files a DS-160.

[JacobP 185]

11 minutes ago, Paul & Mary said:

All K1s interview and are processed initially at the IV unit in each consulate.  True that a K1/K2 needs a medical and police certificate like a family visa.  But look closely at the actual visa and it says "Non Immigrant" on it.  Also an immigrant visa does not require AOS in order to obtain a green card.  K1 visas are listed in the statistically in the non immigrant visa group.  Lastly a K1 files a DS-160.

K-1s are also issued an I-94 on entry, where immigrant visa holders are not.

[millefleur 5,037]

**Removed post suggesting visa fraud and several posts alluding to it; friendly reminder that entering on a tourist visa with intent to stay and adjust is fraud**

 

VJ Moderation

[Chia-Lyns 17]

By the definition of CR1 which is: A CR1 visa is an immigrant visa issued to an alien who is married to a U.S. citizen or permanent resident and wishes to live in the U.S. with their spouse while the F2A visa is a US immigrant visa for spouses or minor children of Green Card holders.

In the executive order, Cr1 is exempted while F2a is not but both applicable to permanent resident. My question is how do you differentiate between F2a and Cr1?  

[jasonlzak 173]

I have a hard time to understand why a child of LPR poses a threat to the job market 🤣🤣🤣

[geowrian 22,335]

3 minutes ago, Chia-Lyns said:

By the definition of CR1 which is: A CR1 visa is an immigrant visa issued to an alien who is married to a U.S. citizen or permanent resident and wishes to live in the U.S. with their spouse while the F2A visa is a US immigrant visa for spouses or minor children of Green Card holders.

In the executive order, Cr1 is exempted while F2a is not but both applicable to permanent resident. My question is how do you differentiate between F2a and Cr1?  

Your definition is incorrect. A CR-1 visa is only applicable to the spouse of a USC.

https://fam.state.gov/fam/09FAM/09FAM050201.html#M502_1_3

Quote

CR1

Spouse of U.S. Citizen (Conditional Status)

INA 201(b) & 216.

 

[Raizee 93]

Seen Few videos on YouTube from immigration lawyers,and they clearly stated the existing K1 visa holders are not effected by this June 22 ban. 

Edited June 23, 2020 by Raizee

[Frank Zander 5]

So now at least 1500 Country Clubs have to close because they dont get any H2Bs anymore and even Trumps Clubs are screwed,i cant believe it. 

[imsan 41]

I believe K1 is a nonimmigrant visa until you enter US. Once you enter and get married, you have shown your immigration intent. So, this EO should not affect K1.

[marko1111 12]

43 minutes ago, Frank Zander said:

So now at least 1500 Country Clubs have to close because they dont get any H2Bs anymore and even Trumps Clubs are screwed,i cant believe it. 

His country clubs will survive but he won't if he doesn't maximise that redneck vote!

[OrihimeandIchigo 216]

This is on the Department of States website about Visa News

 

https://travel.state.gov/content/travel/en/News/visas-news/Proclamation-Suspending-Entry-of-Immigrants-Who-Present-Risk-to-the-US-labor-market.html

 

Last Updated: June 17, 2020

 

On Wednesday, April 22, President Trump signed a proclamation suspending entry into the United States of certain immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.  The proclamation is effective at 11:59 p.m. EDT on Thursday, April 23 and expires in 60 days, unless continued by the President.  

U.S. citizens, lawful permanent residents, and those holding valid immigrant visas on the effective date of the Proclamation, are not subject to the proclamation.  The Proclamation is not retroactive. No valid visas will be revoked under this Proclamation.  The proclamation provides exceptions to its restrictions for certain categories of immigrants, including: certain healthcare professionals, aliens seeking to enter the United States pursuant to an EB-5 investor visa, spouses and children (categories IR2, CR2, IR3, IH3, IR4, IH4) of U.S. citizens, members of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces, and aliens seeking to enter the United States pursuant to an Afghan and Iraqi Special Immigrant Visa.  In addition, cases involving a child applicant who may age out may be considered for a national interest exception.  Please refer to the proclamation for a full list of exceptions.  

 

Routine visas services have been suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services.  Mission-critical immigrant visa categories may include applicants who may be eligible for an exception under this presidential proclamation, such as: IR/CR1, IR/CR2, IR/IH-3, IR/IH-4, SQ, SI, and certain employment-based medical professionals, as well as cases involving an applicant who may age out.  While embassies and consulates may process these types of cases, their ability to do so may be limited by local government restrictions and available resources.  In addition, an applicant’s ability to travel may be impacted by local laws, regulations, and travel restrictions

 

The full text of the presidential proclamation is available on the White House website at:  

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