mandsophia

Hi there,

My husband and I are planning to file jointly within the next few days (due to the tax deadline extended into July bc of the virus). I did not work at all last year (only had green card for a few months) but my husband was working so we are filing jointly. We are going to be speaking to his accountant tomorrow but I wanted to just be sure of the immigration aspect of it. I am due to file my ROC next september/potential citizenship and we are planning on paying taxes late/requesting an extension on the tax payment with a payment plan from the IRS. Will this have any adverse effect on either process? It will most likely be paid off in full by the time I file for ROC anyway, but just wanted to make sure.

Thank you,

M

2 minutes ago, INF said:

It sounds like permanent residents are not part of exception, which is nuts. It clearly states US citizen but does not include PR.

yeah permanent residents themselves are fine, but who they petitioning for right now seem to be part of the ban 

Just now, Rsmee said:

it does not apply to LPRs ?? Lawful permanent residents ..

no LPRs are not subject to the ban

1 minute ago, skjourney said:

 

and permanent residents themselves are not subject to the ban 

this EO mentions nothing about removal of conditions for current LPRs or naturalization, i assume these are not subject to the ban?

Just now, geowrian said:

Agreed

 

It means it does not prevent current LPRs from entering the country.

It does NOT mean relatives of LPRs are exempt. They appear to fall under the ban.

 

Documents that let you travel and enter the country, like a passport. Namely, Advance parole, a boarding foil. a refugee travel document, etc.

thank you for the clarification on LPRs themselves 

1 minute ago, GregandNatty said:

 

It does impact LPRs.  Only LPRs who are employed in very specified fields are exempted.    Basically the LPR had to be involved some way with fighting COVID-19

it says all LPRs can enter the country, if you mean LPR'S spouses then maybe thats different 

Just now, Fox123 said:

Just to confirm. If you are:

 

1. Have a conditional GC in hand

2. Married to US Citizen

3. Inside US

 

This EO does not apply to you, removing condition on that GC and naturalization?

doubt it applies to ROC or naturalization at all. should be fine

Just now, luminarc said:

So I'm guessing those of us in the US in the AOS stage are safe?

 The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:

(i)    are outside the United States on the effective date of this proclamation;

this part makes me think, yes you are safe 

1 minute ago, designguy said:

Parents siblings and fiances without visas today are subject to the ban

so only if you are a spouse of a US citizen, you can continue applying for a spousal visa. otherwise, sounds like they are on hold 

1 minute ago, apellica said:

Ok, so my fiancee has an approved K1 Visa in-hand.  I'm hearing that she can enter the USA without any problems.  Please confirm!

 

I hate the way lawyers write.....

it sounds like she can, yes! because it says those who already have valid visas are fine

Just now, travisgarretson11 said:

CAN ANYONE ELSE CONFIRM THIS???

 

this is what it sounds like to me too

1 minute ago, skjourney said:

ive picked out the main categories

 

(b)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen,

so permanent residents are obviously ok, spouses are ok, and minor children of united states citizens. Anyone else, parents, siblings, fiances, are they subject to the ban?

he said he signed the executive order 

11 minutes ago, Cyberfx1024 said:

But the thing is that they are putting their spin on things in order to get views or clickbait. Until it comes out then we won't know anything

You're right, and they know we will read it obsessively without even having proof about what will actually transpire. This is pretty terrible 

12 minutes ago, Jorgedig said:

A bluff?  I doubt that.  Trump has been quite transparent about his position on immigration, both legal and illegal.

true, I just wonder what he can legally pass. 

Just now, DGF said:

That'd be rich. A ban to protect jobs that doesn't ban any work visas! Very doubtful that would be the case, but I'm on the fence if family visas will be exempt or not. If they are, I expect this "second order" will be to tighten the exemptions to potentially just spouses and their minor children.

I saw a new outlet report it this morning, I forget who it was lol. That employer visas are exempt but family are blocked. It would be absurd but would I really be surprised? No. In a normal world. I assume only employer based greencards will be put on hold 

27 minutes ago, skjourney said:

“It has to be cleared legally,” Conway told reporters. “I know he’s itching to sign it, but it’s a matter of when it’s ready,” she said.

 

hopefully this means everything has got scaled back to keep it legal.

Hope so too. I feel for those who cannot activate their visas but hopefully this delay at least scales back what he wanted to do. The conflicting reports had begun to worry me, some saying family visas are exempt, some saying its ONLY for family visas etc.

Just now, EmptySeats said:

I was also early on the coronavirus wave, but when I talked about it to just about everyone, I sounded crazy and alarmist, even on March 13. I thought this would be something that complicated life and travel for at least many months. But we didn't pull the trigger. This is a similar situation except now I'm afraid of being denied.

i agree in that we dont know how long this will last. I am worried we will be in a "state of emergency" for a long time, therefore allowing trump to put orders like this through easily 

1 minute ago, uab1969 said:

But then once married and you apply for ROC, you are asking the USCIS to issue a Green Card, what category does that put you in?? Will that fall into Trump's "no Green Cards issued for 60 days??"

people in the thread are guessing it will not apply for greencard renewals or ROC because our status is completely different from those seeking a NEW greencard 

3 minutes ago, EmptySeats said:

There is a ban on anyone entering Ecuador right now, even citizens. No flights go there. Ughhhhhh.

that is terrible. I wish you luck. In your case, I would take the chance but obviously I am no expert and am just scared about how permanent this order by trump will be 

2 minutes ago, EmptySeats said:

What happens when you are denied? On land it's one thing, but what about in the air?

they put you on the next flight out. I have obviously not heard of people denied with a k1 (but obviously times are different now), but those who were denied with tourist visas said the experience was pretty bad as they hold you until the next flight goes out. I really hope she is admitted 

Just now, EmptySeats said:

What happens, hypothetically, if it is signed when she is in the air? Or can a border control person be a jerk, knowing that there will be an order at some point, and decide not to let her in? Just thinking out all the scenarios.

i think trump said he will not sign until tomorrow or the day after, anything after that seems to be up in the air. Maybe in his order, issued visas are already exempt so it doesnt matter. But in your shoes, I would be hopping on the next plane.

In terms of border control, its also up in the air. It sucks. I read that someone crossed the border from canada with their K1 visa last week and had no issue. But then I also read someone tried to do the same a couple days afterwards, and were denied due to "non essential travel". I'm sorry for your situation. 

Just now, EmptySeats said:

I heard about the executive order last night. My fiance has a K1...issued in mid March. Everything collapsed after he got her visa, and she wasn't able to come up here...she can barely even leave the house. We woke up today and bought her a ticket for tonight - we lucked out and the US embassy just happened to list a flight from Quito to the US that leaves at 2:30am...we have no idea when the next flight will be.

 

We figured she'd just fly here now rather than stay in the country and risk not making it in time for the K1 - it expires on August 10th. Then we'd be at the whim of the embassy, who would probably have a big backlog.

 

Do you all think it's a good idea for her to board her flight tonight? It lands at 7:30AM in Fort Lauderdale. After which she could fly to my local airport on a direct flight.

 

Really need some opinions. This is so scary and I have to make a decision soon.

in my opinion, I think she should try to get here before this is signed because trump was very vague about what it impacts .

2 minutes ago, VTimmy said:

remain Calm Zzz
 

“An administration official familiar with the plans had said earlier the order would be focused on preventing people from winning permission to live and work in the U.S. That would include those seeking employment-based green cards and relatives of green card holders who are not citizens.

Americans who wish to bring immediate family to the country would still be able to do so, according to the official, who spoke on condition of anonymity before the plan was announced. About one million people were granted green cards last year.“
 

NBCSan Diego news.

this is a lot more clear, I hope its accurate. 

12 minutes ago, Fox123 said:

All of this is speculation... until the EO comes out.

 

But is it safe to say that this EO will only apply to NEW GC seekers? Those who already have a GC, conditional or permanent (10-year), and are already here in the US should be ok?

wondering the same as a conditional greencard holder