Embassy note: B2 visa instead of ESTA for european spouse and children of USC?!

[B&C2017 123]

Has anyone of you seen anything similar on their embassy's website?

 

The embassy in Switzerland obviously only processes emergency visa cases right now and only for the people excluded from the most recent presidential proclamation - so e.g. spouse and children of US Citizens.

 

When checking their visa section's website for news today, I noticed that they added a comment four days ago stating the following about people excempt from the Presidential Proclamation 9984 travelling to the US:

"Please note you cannot travel using the Visa Waiver Program (ESTA) at this time. Individuals who meet one of the categorial exemptions under the Presidential Proclamation 9984 (i.e. spouse of U.S. citizen/LPR, parent of U.S. citizen/LPR child, etc.) need to apply for a B1/B2 visa in order to document that they meet the exemption."

 

So does this mean that one would need a B2 visa to fly to the US in order to immigrate?! Or is this a general note that was just added at a weird place on their website?

Wouldn't the IV visa be enough to travel to the US to immigrate? Or is this B2 visa only needed when one wants to travel to the US before actually immigrating?

Also wouldn't the clear immigration intent be a major conflict with a B2 visa? This seems weird to me. 

[Lucky2Lucky 2,526]

My interpretation would be that spouses/children of US citizens who want to VISIT the US on their ESTA can not- they must apply for B1/B2 (the application asks for your purpose, relatives in the US etc otherwise the ESTA couldn't prove) (also- yes a clear immigration intent would conflict with a B2 visa which is why many people get denied.) I would interpret this as separate for immigration; having a CR1 makes it obvious you are related to a US citizen..AND you can't enter the US on TWO visas.. but yeah how it is worded it is left up for interpretation. 

[B&C2017 123]

4 minutes ago, Luckycuds said:

My interpretation would be that spouses/children of US citizens who want to VISIT the US on their ESTA can not- they must apply for B1/B2 (the application asks for your purpose, relatives in the US etc otherwise the ESTA couldn't prove) (also- yes a clear immigration intent would conflict with a B2 visa which is why many people get denied.) I would interpret this as separate for immigration; having a CR1 makes it obvious you are related to a US citizen..AND you can't enter the US on TWO visas.. but yeah how it is worded it is left up for interpretation. 

Yes, it is. But it's not just the wording that confuses me - look at where they posted it... Right in the IV and non-IV visa section for Covid-Infos on consular services.  

Edited June 16, 2020 by B&C2017

[Lucky2Lucky 2,526]

1 minute ago, B&C2017 said:

Yes, it is. Also it's not just the wording - look at where they posted it... right in the IV and non-IV visa section for Covid-Infos on consular services.  

You are correct- I would think the star would only be on the "Non-Immigrant Visa" side. But also you wouldn't travel on an ESTA if you were obtaining an immigrant visa - you would travel on the immigrant visa. This leads me to conclude whoever added this to the site didn't think it through because it doesn't make sense lol 

[Crazy Cat 39,206]

 

21 minutes ago, B&C2017 said:

Has anyone of you seen anything similar on their embassy's website?

 

The embassy in Switzerland obviously only processes emergency visa cases right now and only for the people excluded from the most recent presidential proclamation - so e.g. spouse and children of US Citizens.

 

When checking their visa section's website for news today, I noticed that they added a comment four days ago stating the following about people excempt from the Presidential Proclamation 9984 travelling to the US:

"Please note you cannot travel using the Visa Waiver Program (ESTA) at this time. Individuals who meet one of the categorial exemptions under the Presidential Proclamation 9984 (i.e. spouse of U.S. citizen/LPR, parent of U.S. citizen/LPR child, etc.) need to apply for a B1/B2 visa in order to document that they meet the exemption."

 

So does this mean that one would need a B2 visa to fly to the US in order to immigrate?! Or is this a general note that was just added at a weird place on their website?

Wouldn't the IV visa be enough to travel to the US to immigrate? Or is this B2 visa only needed when one wants to travel to the US before actually immigrating?

Also wouldn't the clear immigration intent be a major conflict with a B2 visa? This seems weird to me. 

My interpretation:  It refers to visitors only........not people with valid immigrant visas.

Edited June 16, 2020 by Lucky Cat

[B&C2017 123]

2 minutes ago, Luckycuds said:

You are correct- I would think the star would only be on the "Non-Immigrant Visa" side. But also you wouldn't travel on an ESTA if you were obtaining an immigrant visa - you would travel on the immigrant visa. This leads me to conclude whoever added this to the site didn't think it through because it doesn't make sense lol 

Hahaha, yeah I also thought that it might be a copy/paste error (with it only being relevant for the non-IV section) but it did catch me off guard for a second 🙂

Although they also list children and spouses of USC and LPR - I thought currently it's only for spouses and children of USC and not LPR? 😕
 

[Lucky2Lucky 2,526]

2 minutes ago, B&C2017 said:

Hahaha, yeah I also thought that it might be a copy/paste error (with it only being relevant for the non-IV section) but it did catch me off guard for a second 🙂

Although they also list children and spouses of USC and LPR - I thought currently it's only for spouses and children of USC and not LPR? 😕
 

Spouses and children of LPR are included in the exemption. https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

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;

 

[B&C2017 123]

Just now, Luckycuds said:

Spouses and children of LPR are included in the exemption. https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

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;

 

Ah I see, that's good to know (even though that doesn't apply to us)!

[Quarknase 1,072]

Sounds like a good clarification for visitors and aspiring immigrants that visit while waiting for their immigration visa. It’s common to visit a spouse on ESTA while I-130 or NVC processes are taking their sweet time. The embassy informs you that you cannot do that currently. ESTA is issued automatically and can hardly be monitored to weed out who’s eligible to enter the US currently. Hence it’s suspended, and a B visa required for visits where eligibility can be determined during the visa interview.

[Crazy Cat 39,206]

1 minute ago, Quarknase said:

Sounds like a good clarification for visitors and aspiring immigrants that visit while waiting for their immigration visa. It’s common to visit a spouse on ESTA while I-130 or NVC processes are taking their sweet time. The embassy informs you that you cannot do that currently. ESTA is issued automatically and can hardly be monitored to weed out who’s eligible to enter the US currently. Hence it’s suspended, and a B visa required for visits where eligibility can be determined during the visa interview.

Good explanation!!!!

[B&C2017 123]

2 minutes ago, Quarknase said:

Sounds like a good clarification for visitors and aspiring immigrants that visit while waiting for their immigration visa. It’s common to visit a spouse on ESTA while I-130 or NVC processes are taking their sweet time. The embassy informs you that you cannot do that currently. ESTA is issued automatically and can hardly be monitored to weed out who’s eligible to enter the US currently. Hence it’s suspended, and a B visa required for visits where eligibility can be determined during the visa interview.

True, that way it makes way more sense 🙂
It's just weird that it was put in the immigrant visa section....

[Quarknase 1,072]

4 minutes ago, B&C2017 said:

True, that way it makes way more sense 🙂
It's just weird that it was put in the immigrant visa section....

I think it shows foresight and good info made available by the embassy. Most aspiring immigrants would not check the NIV section and putting an asterisk “hey you, ESTA is currently suspended” everywhere helps folks plan better and prevents disappointing boarding denials.

[JFH 12,189]

7 hours ago, Quarknase said:

Sounds like a good clarification for visitors and aspiring immigrants that visit while waiting for their immigration visa. It’s common to visit a spouse on ESTA while I-130 or NVC processes are taking their sweet time. The embassy informs you that you cannot do that currently. ESTA is issued automatically and can hardly be monitored to weed out who’s eligible to enter the US currently. Hence it’s suspended, and a B visa required for visits where eligibility can be determined during the visa interview.

This is my interpretation too. We have seen people on here asking how they can visit as a spouse of a USC, for example, and how they can prove that when they are traveling without the spouse. Sure, you could take the marriage certificate but the cynical airline employee in me would reject that. What if the marriage certificate was several years old? There’s every chance the couple has since divorced. And the last thing an airline needs right now is a hefty fine for transporting an ineligible passenger. Also, we airline employees are not trained to spot forged or unofficial marriage certificates. 
 

With an interview the applicant/intending visitor verbally swears an oath before the officer that the information is correct and the officer can study the marriage certificate, confirm it is genuine and require the applicant to confirm that the marriage has not been terminated. Such things are not possible with an ESTA application. 

Edited June 16, 2020 by JFH

[JFH 12,189]

*~*~*moved from “IR-1/CR-1 spouse visa progress reports” to “coronavirus”*~*~*

[Quarknase 1,072]

1 hour ago, JFH said:

This is my interpretation too. We have seen people on here asking how they can visit as a spouse of a USC, for example, and how they can prove that when they are traveling without the spouse. Sure, you could take the marriage certificate but the cynical airline employee in me would reject that. What if the marriage certificate was several years old? There’s every chance the couple has since divorced. And the last thing an airline needs right now is a hefty fine for transporting an ineligible passenger. Also, we airline employees are not trained to spot forged or unofficial marriage certificates. 
 

With an interview the applicant/intending visitor verbally swears an oath before the officer that the information is correct and the officer can study the marriage certificate, confirm it is genuine and require the applicant to confirm that the marriage has not been terminated. Such things are not possible with an ESTA application. 

Thank you for the additional insight! Yes, that’s why it made so much sense to me as I couldn’t imagine a scenario in which the airline employee would have to verify the eligibility to travel for ESTA holders under the current conditions/exceptions.