Isoversa

Did he not have any interview or any notification of any sort? What is his priority date? Were you a citizen back in 2005 when you applied for him? I find it strange that 2 or 3 years has passed from when his case should have been "current" but has not been processed at all. 

If this application is valid, then yes, he may add them as derivative beneficiaries. 

I was concerned about the lack of announcements after the 30 days passed so I reread the proclamation again. Apparently the only hard "deadline" there is the expiry (barring continuance) after 60 days from the effective date. 

The terms used in the proclamation regarding the "30 days" and "50 days" is a mandate to the secretaries, such as "shall recommend to me", but nothing there is binding the president to apply or to even announce those recommendations within that time frame. My guess is the recommendations were submitted within those time frames (as reported by various news outlets), but they're trying to figure out the legal pretext and discussing with the lobbyists as of now. 

News outlets make it sound that these will be imminent. Perhaps additional restrictions and even the extension of the original EO will be announced together, who knows. 

Now is a unique time. Both cities you mentioned are still under MECQ/ECQ, which means there is a curfew from 8 PM to 5 AM. There isn't a curfew on the "normal" days, except if you are a minor. Even then, there's varying degrees of implementation, with some more strict than others. 

11 minutes ago, johannl said:

rather ironic that they say "sponsor/person they will be visiting is privy to some information" after revealing the name, lol. So writing to the embassy is an absolute no-go then?

Looks like it's impossible to maintain selective privacy in this world, guess I should just hope they never wish to come or I'm able to dissuade them from coming

Regarding writing to the embassy for this reason, I don't have/hear any experience about that so I can't say for sure, but I'm inclined to say it's probably not the best idea. 

Do your parents have other relatives in the US? That might be a way to take off the focus on you. Or are they professionals that might be attending a conference of some sort? Those are the only ways I can think of that might not involve you. But as long as they might want to visit you, and as parents that's a given, you're always gonna into that risk of discovery of your secret. 

There have been cases where a relative goes on an interview, only then do they learn that so and so has married/ remarried etc. If your concern is them finding out about your wife, then you wouldn't want the risk of them facing the consular officer.

It's plausible that the CO would ask something like, "who is *name drop* (name of your wife)? ". and of course they wouldn't have any idea since they didn't know you were married in the first place. Then the CO would go on and reject the visa on the basis of something along the lines of "sponsor/person they will be visiting is privy to some information, thus is deemed unwelcoming of the visitors". I'm sure there's some legal way of phrasing that but the principle applies. 

Well, Table B (Dates for filing) is a reflection of where they think Table A (Final Action) is going to be in a few months time. It basically means your sister's case is about to get current soon. Like I said, they do give the invoice usually before it becomes current, and in their reply to you they probably meant they expect it to get to your sister's case in about 6 weeks, which is a good thing since they sort of gave you some timeline. But that doesn't mean it's current. This is important to know since she will not get an approval of a visa without it being current in Table A. You might finish and submit all the documents now, but unless it will become current on Table A, your sister won't get an interview or an approval. Her case is likely getting processed as normal so you need not to worry about it. 

9 minutes ago, Arsalatk said:

Sorry for confusion she is not in us , my mother is the Petition . She is In F3 category. 

If that's the case then her case is still not current as of May 2020. Depending on your country, but the latest current cases would be 15 March 2008 (Final Action table) .

You are probably looking at the 2nd table (Dates for filing table) which lists 15 Dec 2008. That table is for adjustment of status in the US. That does not apply to your sister. This is also probably why NVC told you to wait for 6 weeks, in the case that it might possibly be current by that time. The NVC typically sends the invoice a little earlier than the month it will be current, but it is not unusual to get it in the month it will be current. That said, if it has passed, as per the Final Action table, then you would have to contact them to get the invoice. They would oblige provided that it is actually current and does not have any other issue. 

Hi. I'm not exactly in your sister's situation. Can I ask if she is already in the US and about to adjust status or is she outside the US at this time? That would matter with how you look at the bulletin. 

37 minutes ago, Daniel368 said:

Its not opposite Man Judge Refuse mean Judge Refuse to block mean Not able to Implement this order refuse to block. go and Google translate this wording.

Refuse to block means let it be implemented. Therefore that means the ban is in effect. Read the whole article. 

1 hour ago, Amy6 said:

Sorry if this was asked already, I went through a lot of the pages before posting and couldn't find any information. Anyway, I have a K1 visa issued already that expires in August. Because of the most recent ban, and courthouses not working, I'm unsure if I can travel to the US, and after entering, can we even get married right now and apply for adjustment of status? I wouldn't want to risk the 90 days passing and not being able to stay. Also do you think this will be resolved by August? Any information or advice would be much appreciated. Thanks in advance to anyone who might answer. Good luck with your own journey. 

Businesses and other offices will start reopening in the next months or so. I would be optimistic that courthouses or county offices would be able to officiate weddings by then. USCIS is still functional; only the "in-person" services are on halt, so applying for AOS is unaffected. I would advise you to watch the situation in the state you plan on getting married in, whether things are opening up (see local news etc) , then go fly by then. 

1 minute ago, Ela S. said:

Yes you’re correct. I think that’s what I understood on the last email I got from the US embassy here in Spain. The reason why US embassies outside Europe are still processing K1s is because the EU has the travel ban imposed, and K1s are not exempted.

That's most likely the case, as the European bans are tied to the outbreak thus mentioning PP 9994. 

3 minutes ago, sl1pstream said:

There's one major problem with that. Let's say the embassy thinks it's okay and still processes yours as if it is. You get on a flight and end up at the point of entry where the officer on duty interprets it the other way, sending you back because you're not allowed to enter according to the EO.

There needs to be a clear answer on this. Right now we're all just guessing, based on the fact that it's technically not an immigrant visa, even though the DOS website lists it with the other immigrant visas, it's being processed by the immigrant visa unit and it's a visa with eventual immigrant intent. It's kind of ridiculous that not a single immigration lawyer has actually gone after this and are all pretty sure that it's a non-immigrant visa. If the intent of the EO is to limit immigration, it'll include every type of visa they can include.

I think what's going to happen is that directives will come from "higher ups" like the Department of State, even before embassies will open up and start processing the cases. They should all be on the same page by then. So there will be clear answers especially pertaining to which categories will be processed etc. 

1 hour ago, Tomahawk999 said:

So the proclamation is not clear about physicians and nurses , are they exempting physician and nurses if they are applying on work visa only? ( bearing in mind that majority of physicians dont apply on work Visa while outside the US) Or any physician and nurse who have an immigration petition regardless of the type? 

This is a huge deal for me , I am a physician and my wife is a LPR , so I would like to know if I am exempt or not .

Any one knows? 

Yes, the wording here in unclear, as has been discussed a while back on this thread. Employment-based categories definitely fit there but as to whether Family-based immigrant visas are also exempted from the ban, that is less clear. We'll know soon once cases are processed in the Embassies so I hope things will get working again next month. 

1 minute ago, Ela S. said:

And that will take ages until it is lifted... correct?

Yes, it's highly dependent on number of COVID-19 cases, but it's projected to last months for now. 

2 minutes ago, sl1pstream said:

It'd be pretty neat if one of the lawyers, instead of livestreaming their guesses, would actually contact the right government agency that deals with this to get an actual answer. It sucks watching everyone livestream Q&As without having actual answers.

Yeah. I think things are just getting straightened out. Most likely we'll have definitive answers once cases are adjudicated again so... 

10 minutes ago, Ela S. said:

I asked the US embassy in Spain if they would be issuing new K1 visas in June (which is when mine expires) and this is the response I got:

 

 

We sure have been receiving different answers from the embassies. I think I'll take time for them to get the directives. 

As for PP 9994, that's the declaration of COVID-19 Outbreak as a National Emergency. That sounds bad if they'll wait it (outbreak) out considering it's projected to last into fall of this year. 

This hardly matters in light of the current ban, but the May 2020 visa bulletin has just been out now. 

29 minutes ago, brukash said:

 The EO stated that "any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual...."

Is fiance exempted by this article?

No. A fiancé is not a spouse for the purposes defined by immigration, if you're referring to that statement. 

If you are talking about K1 in general, it is not mentioned in the EO. As it has been pointed out, it is a Non-Immigrant visa, and most are of the opinion that currently, as the EO is written, is exempt from the ban. But time will tell, there may be additional restrictions as per Sec 6 of the EO. 

4 hours ago, drtraveler said:

Hi everyone!  My story short: my fiancé (USC) sent K1 visa doc in the mid-December. We got our NOA2 on 30th of March.  I am medical doctor working in my country and being in the middle of nostrification of my medical diploma (to work in USA as MD) I was supposed to take part in Match program for residency in USA this year,  I still need to do a practise exam that is only performed in US (I have my term on 2nd of September in Phili and need to be there to do that). The timeframe with K1 visas PAUSED - confused with EO?? But as in the EO is written that the all physician and the health workers are exempt? How do you think where should we apply our case as the same time we are K1 visa waiters (not sure if they proceed them)  and I am physician (exempt).

PS we get through this together   

The way I understand your case, is, you're only qualified for a K-1. You are asking if there are any other options or additional pathways/categories you may apply to. I think you are confused with the EO regarding exemptions for health professionals. These so called exemptions are applicable to those you have previously applied in the EB (EB-2 or EB-3) categories (and possibly the FB (F1-F4 categories). The EO is saying, their cases may proceed, and if granted, are exempted from the ban. So unless you have previously qualified for this categories, the K1 is your option for now, as, the EB and FB categories will take significantly longer. 

To take the USMLE (probably Step 2CS) in your case, there are non-immigrant visas that can be granted as "single-entry" visa for that. 

1 hour ago, Arck said:

I will advice not conflate the two between family visa and employer sponsored visas. The exemption listed on the EO, should refer to immigrant visas through employment category.. but it wouldn't make sense to put an exemption for medical workers on K1 while it's a Non immigrant and not even listed on EO ( They may issue another EO for Non Immigrant visas as notated on the last paragraph of this EO) 

It has been pointed out that Sec 2 b (ii) is not particularly clear on this. While it is important not to conflate the two (Family-Based vs Employment-Based), the issue in this case would be that the EO does not clearly define it as such. It could have been worded as "on an employment-based immigrant visa" but it is not. Which is why some of us think it may include both. Further, Sec 2 b (iii) mentions "EB-4" , so there may be a reason as not to just directly call it as "EB immigration visa" on Sec b (ii) or so. But it's all speculation at this point, until the Embassies open and adjudicate cases again, we don't have an answer for now.

I do agree that K1, as an NIV, is currently not in the scope of the EO. 

3 minutes ago, geowrian said:

The "normal" process when there is a ban like this is that all processing up through the interview is the same. The difference is the visa will be refused if you are subject to the ban.

If the ban ends afterwards and the case is still otherwise active, the visa can then be issued, assuming one is still eligible for it (including no documents are expired like the medical).

 

That said, I have no clue if or how the consulates will prioritize interviews. They may or may not schedule interviews for people who are presumably ineligible. They have not done this with the other bans in recent years, but this is something they do have the ability to do.

That's good to know, I wasn't aware how they are processing with bans in place. Now it makes sense that Sec 3 (a) mentions that the CO would make that determination for the exemption.

4 minutes ago, geowrian said:

My reading is that it is not limited to a specific visa class - it applies to any immigrant visa. There is no immigrant visa specifically for physicians, nurses, or "other healthcare professional". They generally fall under EB-2 or EB-3, but those categories are not specifically restricted to medical professionals.

Could it be read as only applying to employment-based immigrant visas in those professions? I guess. But the wording of the exception as a whole looks to me like it was designed not to refer to a visa category.

It does seem to be worded not to be limiting. Does this mean the visa bulletin will still advance in this case? If it would advance then I definitely see it as evidence that the exception for medical professionals does not refer to a specific visa category. So far the bulletin has not been out though. 

13 hours ago, Hank_ said:

 

I am happy for you.

 

 

Safe Travels ~

Thank you, for all the answers. 

Issued and visa on hand the same day! 

2 hours ago, DAWme said:

@Isoversa what category are you in?

 

DO ALL AP CASE STATUS CHANGE FROM IMMIGRANT TO NON-IMMIGRANT PRIOR TO CHANGING TO ISSUED? 

I'm under K1.

As Hank said, it's only the K1 that flips status. 

13 hours ago, Hank_ said:

 

Excellent news!!  

 

Pay attention to the expiration date for the visa .. be IN the USA before that date!       

 

You completed CFO so only need to get the sticker, correct?

 

 

Yes, I only need to get the sticker now. 

Yes I will, it will only have less than a week validity and I leave early next week once I get it

I spoke too early. My case status just flipped to Non-immigrant - AP. Embassy also called me, possibly will be issued tomorrow