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Btranquilo

Minor unmarried child of Lawful Permanent Resident exemption from June 22 Proclamation?22

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I am the joint sponsor for the visa petition for a nine year old child of a Lawful Permanent Resident (LPR), the I-130 for this child was approved in February, 2016 however the petitioner chose (for various reasons) to delay moving forward with the visa process at that time, in late 2018 the mother (petitioner) received her Permanent Lawful Resident / green card status. This year the petitioner has decided it is important for her daughter to be with her in the US and has determined to proceed with the final steps in the visa process. The Petitioner is an unmarried LPR. I have paid the two required fees (Immigrant and AOS) and have received a receipt. The petitioner and I have recently submitted the AOS forms I-864. 

I am confused as to whether the June 22 Proclamation of Trump "suspends the immigration" of the beneficiary in this case or if there is an exemption for minor unmarried children of LPR's. Also, it may not be relevant however the beneficiary is a citizen of Nicaragua. Also, I am confident that the petitioner has not received any "public charge" benefits which might affect the visa petition. 

So, my question is whether this child beneficiary of this visa process as outlined above is not eligible for immigration at the present time (currently through the proclamation time of December, 2020 which can be extended) or is exempt from that proclamation. I apologize in advance if this question has already been asked and addressed on this forum. 

 

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Filed: Country: Vietnam (no flag)
Timeline

The current ban does not allow issuing immigration visas to F2a beneficiaries until 2021.  There are no exceptions.

The petitioner received her green card in late 2018, so how did she file for her child in 2016?  That doesn't make sense.  

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6 minutes ago, aaron2020 said:

T

The petitioner received her green card in late 2018, so how did she file for her child in 2016?  That doesn't make sense.  

I would assume the child would have been a derivative on the mother’s petition and was made a follow to join rather than immigrate with her?

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18 minutes ago, aaron2020 said:

The current ban does not allow issuing immigration visas to F2a beneficiaries until 2021.  There are no exceptions.

The petitioner received her green card in late 2018, so how did she file for her child in 2016?  That doesn't make sense.  

Thanks for the response. I was attempting to keep the question short and so I did not provide all the information, sorry about that The petitioner entered the US in 2015 as the spouse of a US citizen and subsequently the petitioner was divorced from the US citizen in 2017. So during that initial two year period and a subsequent 14 month extension the petitioner had  two year temporary green card. In late 2018 the petitioner received permanent legal residency (green card) status. 

In any event, my question seems to be answered that the beneficiary is not eligible for entry into the US during the current time period through Dec. 31, 2020 (and this suspension may be extended).

So, now I have a corollary question. Can the review process of the AOS forms, an interview, medical exam, etc. take place during this "suspension" time period so that, potentially, the visa could be approved post 12/31/20 assuming the suspension was lifted? 

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5 minutes ago, Btranquilo said:

Thanks for the response. I was attempting to keep the question short and so I did not provide all the information, sorry about that The petitioner entered the US in 2015 as the spouse of a US citizen and subsequently the petitioner was divorced from the US citizen in 2017. So during that initial two year period and a subsequent 14 month extension the petitioner had  two year temporary green card. In late 2018 the petitioner received permanent legal residency (green card) status. 

In any event, my question seems to be answered that the beneficiary is not eligible for entry into the US during the current time period through Dec. 31, 2020 (and this suspension may be extended).

So, now I have a corollary question. Can the review process of the AOS forms, an interview, medical exam, etc. take place during this "suspension" time period so that, potentially, the visa could be approved post 12/31/20 assuming the suspension was lifted? 

It seems they are not scheduling interviews until the ban is over, but the forms processing can all continue in the interim. No point in doing the medical until you know when the interview will be (and in most cases the panel doctors will not do the medical without an interview letter). 

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Filed: Country: Vietnam (no flag)
Timeline
13 minutes ago, Btranquilo said:

Thanks for the response. I was attempting to keep the question short and so I did not provide all the information, sorry about that The petitioner entered the US in 2015 as the spouse of a US citizen and subsequently the petitioner was divorced from the US citizen in 2017. So during that initial two year period and a subsequent 14 month extension the petitioner had  two year temporary green card. In late 2018 the petitioner received permanent legal residency (green card) status. 

In any event, my question seems to be answered that the beneficiary is not eligible for entry into the US during the current time period through Dec. 31, 2020 (and this suspension may be extended).

So, now I have a corollary question. Can the review process of the AOS forms, an interview, medical exam, etc. take place during this "suspension" time period so that, potentially, the visa could be approved post 12/31/20 assuming the suspension was lifted? 

You're mixing things up.

 

The petitioner received permanent legal residency in 2015 when she entered the US and got her CONDITIONAL 2 years green card.   Her permanent legal residency didn't start in 2018 when she got her 10 years green card; her legal permanent residency started in 2015 when she got her first green card.

 

Since the petitioner has been a green card holder (legal permanent resident) for 5 years, she should consider applying for US citizenship.  There's no ban for a minor child of a USC.

The NVC will collect all the required documents.  When the ban expires, the US Embassy will schedule the interview.  At that time, the beneficiary will be able to get a medical and have her interview.  

Edited by aaron2020

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Thanks for this response. Sorry for the errors on my reply. I am not a professional on this; you are correct, of course, on all of this. Later this year the petitioner will have been living in the US for five years and is aware that they may begin the process for naturalization. Right now the individual does not seem all that confident of being able to pass the test on questions or the conversational English requirement (if I have those listed correctly). I am encouraging the petitioner to get serious in studying the questions and answers as well as improving their conversational English (and I have provided the bilingual study materials for this individual).  

 

Again, thanks to each of you who have replied - all of your responses are helpful and I will pass the substance of them to the petitioner! Stay safe, healthy and strong everyone!

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1 hour ago, Btranquilo said:

Thanks for this response. Sorry for the errors on my reply. I am not a professional on this; you are correct, of course, on all of this. Later this year the petitioner will have been living in the US for five years and is aware that they may begin the process for naturalization. Right now the individual does not seem all that confident of being able to pass the test on questions or the conversational English requirement (if I have those listed correctly). I am encouraging the petitioner to get serious in studying the questions and answers as well as improving their conversational English (and I have provided the bilingual study materials for this individual).  

 

Again, thanks to each of you who have replied - all of your responses are helpful and I will pass the substance of them to the petitioner! Stay safe, healthy and strong everyone!

Learning that may make the difference in how long it is before her little girl comes to join her, in the event the ban gets extended. It’s probably going to take months (at some offices, even around a year) before she gets to interview, so she may as well file now anyway? Most cities have somewhere that teaches free or low cost English for second language speakers along with learning for the civics test. She can file and then look for one of those (might be a community college, high school adult education center, community center etc - here is a helpful official link to use https://my.uscis.gov/findaclass , although it’s not comprehensive- I know our local high school district offers free classes but it’s not on there, so she can try googling for a local one too)

Edited by SusieQQQ

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