givionte

3 hours ago, Xyrstine said:

This is good news if they are looking to reopen then. They could have continued with their suspension for much longer.

They already planned to open in May, and the news today says on or after June 4th.  on or after could be June 4th to November 4th or even after.  Not good news for anyone.

Just now, Nicolaszz said:

Should I leave before my immigrant visa expires? I don't want to prioritise a trip over my lungs If I can get my visa reissued right after it expires, but will the ban prevent me from getting my visa re-issued in case I don't go to the US before it expires?

Yes, leave now, because currently it is very difficult to travel, and you may have flights cancelled numerous times.  Also, in 30 days the EO will be reviewed, and it's possible additional restrictions will be put in place.  Additionally, most embassies are closed except for emergencies, and reissuing a visa could take months.

4 minutes ago, payxibka said:

Why?  Even in the lawyer's recap it is stated nonimmigrant visas of ANY kind are not effected.  A k1 is clearly a nonimmigrant Visa 

Look at his further comments in the thread, and he says he isn't sure of the status of K-1 visa's.  He guesses they'll be ok, but needs clarification from the DHS.  But guessing will get us nowhere.

Just now, KP23 said:

Even if K1 is considered immigrant, someone that has a K1 visa in hand along with their sealed travel packet, they would also be exempt because the visa has already been issued, under Sec 2.ii, right? How does Sec 2.iii apply to K1 holders?

 

Yes, if you already have a valid visa, you are fine.

Great post by not_an_immi_lawyer over on Reddit that really breaks it down clearly who is affected or not...

Quote

Who does this affect?

• Immigrants applying for a green card from an embassy abroad for the following immigrant categories:
  • DV
  • All EB except EB-5 and EB2 (NIW only)
  • F1, F2A, F2B, F3, F4
  • Parents of US citizens (but not spouse/child)

What does this NOT affect?

• Nonimmigrant visas of any kind (F-1, J-1, B, etc)
• Nonimmigrant work visas (H, TN, etc)

Who does this NOT affect?

• Anyone who's in the US at the date of the order, i.e. including existing Adjustment of Status applicants
• Anyone who already has a valid immigrant visa
• Anyone entering to work in healthcare/medical research, and their spouse/children
• EB-5 and EB2 (NIW only)
• Spouse and minor (under 21) child of USC

The big question mark will be K-1 visa's.

3 minutes ago, romypau77 said:

Hello I hope you are all staying safe.

 

My mom is in the process to get her green card, we file her petition last december 2019, ( im a citizen)

will she get affected by this new covid-19 suspension ?

 

she is in the US.

 

thanks

This is currently unknown at this time.  Let's hope by the afternoon Covid briefing that some details are provided of this EO, which has not been signed or publicly shown yet.

1 minute ago, Gamisha said:

So basically you think we won't get affected?! Also, I filed today for my EAD renewal. Could that be affected too by the EO?

 

 

If you have a pending AOS case, you'll be fine.  There have been no reports of language invalidating pending cases in the EO drafts.

3 minutes ago, Gamisha said:

I am not a Permanent Resident, my AOS is still pending. I filed in December 2018 and still haven't had my interview.

@givionte

Sorry, I read it wrong.  It's 1 in the morning in China as I was hoping Trump would have signed his EO by now.  Eyes can't focus anymore! 

Just now, Gamisha said:

Hi all,

 

I know we don't know anything for certain until he actually signs the EO. But if we, spouses of USC already in the US with AOS pending, are affected, does it mean that is only suspending the processing of the Green Card or does it mean that we can get kicked out?

Just trying to see worst case scenarios and be prepared with options.

 

Thanks!

No, once a PR, always a PR, unless you do something incredibly illegal that could threaten your eligibility.

3 minutes ago, Major said:

If the pandemic abate and the economy bounce back, why not? Couple with the fact that it’s a temporary EO and I prefer been positive as well.

None of his previous EO's have been temporary though.  I'm just going by history, and no expert thinks the economy will be bouncing back for at least 6 months or longer, the travel industry will be damaged for at least a year or two.  If this is to stem the flow of workers coming in so Americans have a larger pool of jobs, 2 months isn't going to amount to anything.

4 minutes ago, Major said:

Don’t worry, all will be fine at the end. The EO is a temporary one and won’t last till January next year.

Lol, you really believe that?

Just now, Heart12 said:

When will EO be announce?

Today.  It's not on the schedule, so my guess would be during or just before his daily Covid briefing.

Just now, Heart12 said:

How about my case. I already have Immigrant Visa on hand and my flight is nextweek. Can anybody tell me if I can travel to US

Which immigrant visa?

And to be honest, we have no details yet ,they should be released sometime today.

Trump just tweeted this, this morning

Quote

Donald J. Trump

@realDonaldTrump·

40m

I will be signing my Executive Order prohibiting immigration into our Country today. In the meantime, even without this order, our Southern Border, aided substantially by the 170 miles of new Border Wall & 27,000 Mexican soldiers, is very tight - including for human trafficking!

3 minutes ago, jobyge said:

Spouses of lpr not included??😰😰😰😪,already 3 years of waiting and finally like this,itz unacceptable 

There are conflicting reports saying LPR may be included.  Let's wait for the actual order to come out later today.

3 minutes ago, Help_us said:

Any idea when the EO will be posted?

keep your eyes peeled here...

https://www.whitehouse.gov/presidential-actions/

or

https://www.federalregister.gov/presidential-documents/executive-orders/donald-trump/2020

First link is where Presidential actions are officially posted.  2nd is the National Archives which publishes all executive orders.  We don't know when it will be posted, but sometime tomorrow in America.  Could be leaked earlier, but these are the official places to read it.

3 minutes ago, Urmij said:

I am a US citizen, filed for my parent on IR5 category. Their case is at NVC. All documents are approced and case is ready for the interview. Does it affect to me??

Draft order leaks still aren't clear about parents.  It seems spouses and children may be likely, competing news leaks are unclear about parents (one says ok, other does not mention parents).  Tomorrow (US time) the EO will officially release, and we'll know for certain then.

2 minutes ago, Colaam said:

I guess for everyone else who haven't yet applied or is in the application process, this should ideally not really have an effect I suppose. The ban is for 60 days. Even if it's extended to 3-4 months, it should all be well within the timeline for most of us. If anything, applications are likely to be processed sooner given the reduction in workload. That's my understanding. Am I being too optimistic here?

I think being too optimistic.  But I've learned to always expect less, and hopefully get more!  If the consulates and embassies aren't staffed, the applications will start to pile up, and it could take quite some time to catch up on the work load.  They are already skipping some interview formalities in a few situations, so they know he workload is going to be a challenge to keep up with. On the other hand, perhaps less people will be willing to immigrate or vacation for awhile until a vaccine is found, and there will be less people petitioning for a visa.

1 minute ago, stephanie918 said:

i'd like to know this too

Everything we are hearing from those who have seen the leaked order are saying it exempts spouses and children of American citizens, family/spousal visas are likely to still be ok.  The only challenge is for those who don't yet have theirs... finding an open embassy is a challenge right now.

Just now, SilverLake said:

honestly I think the Executive Order will only affect green card seekers, not people who already have a status. I think your wife will be fine flying in.

According to the draft order, there is an exemption for spouses and children of U.S. citizens and permanent residents.  So this is good news if i holds up for some of us.

On 4/20/2020 at 11:28 AM, Derek Scheyer said:

 

Highlights (updated as of 4/21 28am PT, 2020)

 

Bloomberg has obtained the draft order:

https://www.bloomberg.com/news/articles/2020-04-21/trump-says-he-ll-suspend-immigration-to-u-s-over-virus-concerns

Quote

A draft of the executive order, obtained earlier by by Bloomberg News, said the suspension would last for 90 days.

 

The draft order does include exceptions for people seeking jobs in “food production and directly helping to protect the supply chain,” which could apply to farm workers. The ban would also not apply to health care or medical research professionals, according to the draft.

 

Technology industry workers living in the U.S. on H-1B visas, however, would have to provide updated certifications to the government that they are not displacing American workers. Refugees and asylum seekers would not be affected by the order, nor would spouses and children of U.S. citizens or permanent residents.

Bloomberg has obtained the draft order

https://www.bloomberg.com/news/articles/2020-04-21/trump-says-he-ll-suspend-immigration-to-u-s-over-virus-concerns

Quote

A draft of the executive order, obtained earlier by by Bloomberg News, said the suspension would last for 90 days.

 

The draft order does include exceptions for people seeking jobs in “food production and directly helping to protect the supply chain,” which could apply to farm workers. The ban would also not apply to health care or medical research professionals, according to the draft.

Technology industry workers living in the U.S. on H-1B visas, however, would have to provide updated certifications to the government that they are not displacing American workers. Refugees and asylum seekers would not be affected by the order, nor would spouses and children of U.S. citizens or permanent residents.

2 minutes ago, Cndn said:

Will we have to wait until the executive order is signed for the details? I’m out of the US on AP awaiting my green card. I am not going back to the US for the foreseeable future because Canada has far less cases of covid-19, and it is safer here for my small children until this starts to dissipate. I have been waiting for my green card for almost a year and a half (Seattle is really backlogged). I wonder what would even happen if I tried to cross the border? I don’t have my green card yet and my AP expires in Aug.

 

This inarticulate tweeting causing mass hysteria has got to stop. Don’t announce anything until the details are also available! 

We still know absolutely nothing.  Just some anonymous reporting that it may suspend new green card and H1-B's for so many days.  But that's about all the detail we have received.

New York Times is reporting the order will temporarily bar new green cards and work visas, and could come as early as the next few days.

https://www.nytimes.com/2020/04/20/us/coronavirus-live-news.html#link-f0a49b5

Quote

Under such an executive order, the Trump administration would no longer approve any applications from foreigners to live and work in the United States for an undetermined period of time, effectively shutting down the legal immigration system in the same way the president has long advocated closing the borders to illegal immigration.

Still don't know what will happen to those who already received an entry visa but have not yet stepped foot in the door.

1 minute ago, Xyrstine said:

 

 

I agree with it being a ploy to rally up his supporters for the upcoming election. 

 

Poor timing, we are still months away, so any rallying cry he makes now will be lost in the next news cycle.  If he wanted to make a bold move to save his election chances, October would have made more sense.