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Ross K

Should we go or postpone our interview as spouse of greencard holder? (due to 10014 Proclamations)

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Hi all.

Surprisingly recently we got an interview appointment as spouse of greencard holders. 

I want to know how the Presidential Proclamations (P.P.) 10014 and 10052 can affect my interview result? Do they reject me? Is it better to postpone and reschedule my appointment after 31 march? or Its better to take that chance.



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33 minutes ago, Ross K said:

I want to know how the Presidential Proclamations (P.P.) 10014 and 10052 can affect my interview result?

The Proclamations are only about "entry." Multiple federal courts have supported that position. See Gomez v. Trumphttps://casetext.com/case/gomez-v-trump-1 "The Proclamations solely address the entry of immigrants and certain nonimmigrants into the country; they say nothing about the issuance and adjudication of visas. And the statutory authorities cited in the Proclamations also address only entry, not visa issuance. See 8 U.S.C. § 1182(f) (empowering the President to "suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate"); 8 U.S.C. § 1185(a) ("It shall be unlawful . . . for any alien to depart from or enter . . . the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe."). The Proclamations themselves do not dictate Defendants' No-Visa Policy."

Edited by HRQX

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As above. Embassies have actually issued some diversity visas per the Gomez case, they just have a notation “subject to pp10014” which prevents entry while the ban is in place. I agree with the above posters that if you have an opportunity to interview take it, who knows when a rescheduled interview might be available. Remember the visa expiry will be 6 months after your medical, so start planning travel for after 31 March (if Biden doesn’t lift the ban sooner) but before whatever that 6-month date will be.

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