LittlePenguin

Looks like Trump is calling a war and recruiting soldiers.

The PP did determine spouses and minor children of USCs are not a threat to the job market but spouses and minor children of LPRs are, this is wrong on so many levels. Sadly to say that the PP was not made to protect the job market at all.

5 minutes ago, geowrian said:

Semantics...if one is barred from entry under INA 212(f), then they are ineligible. Being ineligible to enter on a visa is a valid reason to refuse the visa.

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXX.pdf

 

Nothing is going to compel DOS to issue a visa to somebody who cannot use it.

 

If the reference was with regard to routine visa processing being suspended, then POTUS cannot directly order that. And he has not (no EO exists to do so). DOS leadership can and has.

I agree with you, what the point of getting visas if you can not enter the country. But the law does not give the President power to order DOS to stop processing and issuing visas, I think it's out of his broad authority.

There is a FB group in which members constantly give updates about the lawsuit. You can find it here (Social media link removed.)

Quick interesting point: the law gives POTUS a right to restrict entry of certain individuals but never says it allows the president to stop issuing visas.

From judge Mehta: " “‘Suspend the entry of’ — it doesn’t say anything about rendering anybody ineligible to receive [a visa],” Mehta said, after reading from the immigration statute at issue in the case"

Not sure about other embassies but this is what Vietnam embassy says about renewing visas.

* Previously Issued Visas and Visa Renewals: If you already have a U.S. immigrant visa that has not expired, you may still use it to immigrate to the United States. If your immigrant visa has expired due to factors beyond your control, please contact our office here for instructions on how to renew it; there is a fee, and you will need to undergo a new medical examination. Note that we presently cannot renew visas in categories suspended by President Trump’s Proclamation.

Link:  https://vn.usembassy.gov/visas/immigrant-visas/

13 minutes ago, geowrian said:

Assuming the cause of the refusal is the EO (this is just a guess based on the pattern seen...get confirmation, of course), once the EO is no longer in effect you can contact them to proceed. "Refused" doesn't necessarily mean final...it just means not eligible at the time.

Any expired documents would need new versions supplied (including a new medical exam).

 

If it's over 1 year from the date of refusal, the consulate may terminate the visa registration record, so a new visa application would be needed. The petition remains valid, as does the original Priority Date.

The only possible issue is this is a numerically-limited (quota'd) category, and I'm not entirely sure how they would treat an expiration of the visa registration in this case, sorry.

 

The consulate is required to issue or refuse a visa for very visa application. If it's refused due to something on their side (under INA 221(g)) then the registration remains open until they complete whatever processing they still need to do (like background checks). Once they are able to proceed with determining visa eligibility, they must make a decision to issue or refuse the visa...they cannot continue to delay a visa decision if they have the information necessary to determine eligibility for the visa.

Thanks for your input. Still I hope they will send a letter to OP stating the reason for the refusal. If it was because of the EO, I hope they will instruct the OP what to do once the EO is gone.

Assuming one was refused a visa under the EO, but when the EO is lifted what are we going to do? Must we send them a letter stating the EO is expired and please issue the visa? They should not refuse a visa blatantly likes that, it should be in AP instead.

Just file a petition, forget about it and tell your family to move on with their lives and achieve their life goals, 15 years a lot of things can happen. When the time comes, if you want to pursue the visas, go ahead, if not it's fine. Don't put too much hope on F4 visas.

Hi everyone I'm new to this forum, I'm happy that my parents have been approved recently  and I know NVC will be our next destination. Quick question: do I have to do anything like requesting, emailing,... to have my parent's applications to be processed together and have a same interview date? Or NVC will do it automatically? Thanks for your inputs.