IR 5 Category visa approved but expiring in June

M

meghaparikh

New Member
My dad has got his immigration visa approved with an expiration date of June 2nd. With current Covid 19 situation and lockdowns he may not be able to travel before that date. can he get an extension or how does it work in current situation where all immigration visas are halted for 60 days.
 
The suspension of issuing immigrant visas for 60 days does not affect people who already have immigrant visas. Nothing stops your dad from coming to the US between now and June 2, if there are flights.
 
But with current lockdown virus its not safe to travel. If he cannot travel do I have to do the entire process again?
 
US consulates will probably reissue immigrant visas of people who couldn't use them during the outbreak after the outbreak ends, though there hasn't been any official announcement.

I am also unsure whether their immigrant visas can be reissued if the suspension of entry is extended. The proclamation says it only applies to people who didn't have immigrant visas on the effective date of the proclamation. Does that mean that once someone has an immigrant visa valid on the effective date, they are "grandfathered in" and forever exempt from the proclamation even if they didn't use that visa? Or could it be interpreted as meaning that the particular immigrant visa they are using to enter the US has to have been valid on the effective date, which would mean that if they didn't use their first visa, they can't be reissued another immigrant visa during the suspension of entry since the second one wouldn't have been valid on the effective date?
 
Dear Mr. Rajeev
My wife and I had got IR5 approved for U. S. A where the validity is till July 29 2020.Can you advise me whether we would get an extension for the first visit due to the current covid scenario . Also as Trump has ordered suspension of immigration for 60 days,(04/22/2020) where does our case stand
 
SD29 said:
Dear Mr. Rajeev
My wife and I had got IR5 approved for U. S. A where the validity is till July 29 2020.Can you advise me whether we would get an extension for the first visit due to the current covid scenario . Also as Trump has ordered suspension of immigration for 60 days,(04/22/2020) where does our case stand
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Trump's proclamation doesn't apply to you, since you had immigrant visas valid on the effective date of the proclamation. So nothing prevents you from traveling to the US any time now if you can get flights (and as long as you haven't been to Mainland China, Iran, the Schengen Area, the UK, or Ireland in the last 14 days). As for reissuing of the immigrant visas if you can't travel before it expires, there haven't been any official announcements about that yet.
 
I suggest you take an evacuation flight to USA from Delhi and enter during this month.
My wife and I just entered usa on 12 jun 2020, when our IR 5 visa was to expire at the end of July. we had no problems in India and USA. Our case is exactly same as yours.
The challenge to get a ticket on those Flights.
Wish you all the best
 
makvenu said:
I suggest you take an evacuation flight to USA from Delhi and enter during this month.
My wife and I just entered usa on 12 jun 2020, when our IR 5 visa was to expire at the end of July. we had no problems in India and USA. Our case is exactly same as yours.
The challenge to get a ticket on those Flights.
Wish you all the best
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My wife and I were planning for either one of us to travel to the US (both of us got the visa issued together). I wanted to enquire if only one of us travelling (instead of both of us travelling) can lead to any potential issues at the time of immigration or with the status of our immigration visa IR5?
 
SD29 said:
My wife and I were planning for either one of us to travel to the US (both of us got the visa issued together). I wanted to enquire if only one of us travelling (instead of both of us travelling) can lead to any potential issues at the time of immigration or with the status of our immigration visa IR5?
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IR visas are not dependent on each other even if you got issued them at the same time, so each of you can enter independently. Of course, if only one of you enters using the visa then only that one will get a green card.
 
SusieQQQ said:
IR visas are not dependent on each other even if you got issued them at the same time, so each of you can enter independently. Of course, if only one of you enters using the visa then only that one will get a green card.
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thanks for update
 
Cat: IR5
I’ve decided against travelling before my immigration visa expiration date due to the Covid scare. I wanted to know what should be my next steps when i do intend to actually fly to the US, when things become normal? Do i restart the 1.5-2 year long process of filing a DS-260 and I-864 or can i fill some paperwork to get a renewed immigration visa? If there is a form i can fill, could you please share the link to the same as well.
 
SD29 said:
Cat: IR5
I’ve decided against travelling before my immigration visa expiration date due to the Covid scare. I wanted to know what should be my next steps when i do intend to actually fly to the US, when things become normal? Do i restart the 1.5-2 year long process of filing a DS-260 and I-864 or can i fill some paperwork to get a renewed immigration visa? If there is a form i can fill, could you please share the link to the same as well.
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Contact the embassy after expiration and ask for a re-issued visa. They will probably ask you for reasons why you did not travel before it expired. You will be required to redo the medical and pay the visa fees again. Bear in mind that the IR5 category is currently one of those banned for issuance under the existing executive order, so depending on whether or not this ban is extended from its original expiry (next week) you may not actually be able to get a new one issued until the ban expires. Note that the embassy is not obliged to reissue a visa and under usual circumstances most embassies won’t, but it appears they are making exceptions for covid related circumstances.
 
SusieQQQ said:
Contact the embassy after expiration and ask for a re-issued visa. They will probably ask you for reasons why you did not travel before it expired. You will be required to redo the medical and pay the visa fees again. Bear in mind that the IR5 category is currently one of those banned for issuance under the existing executive order, so depending on whether or not this ban is extended from its original expiry (next week) you may not actually be able to get a new one issued until the ban expires. Note that the embassy is not obliged to reissue a visa and under usual circumstances most embassies won’t, but it appears they are making exceptions for covid related circumstances.
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That is a great point you raised about the ban, i had not considered that.
This also brings another question to my mind. What if after my immigration visa expires and i wish to travel, can i travel on a tourist visa (through the tourist visa process while still having an expired immigration visa) and not having reapplied for my expired visa?
So essentially what i’m asking is, can i apply for a tourist visa while i have an expired IR-5 immigration visa, that has not been reapplied for?
Thanks
 
SD29 said:
That is a great point you raised about the ban, i had not considered that.
This also brings another question to my mind. What if after my immigration visa expires and i wish to travel, can i travel on a tourist visa (through the tourist visa process while still having an expired immigration visa) and not having reapplied for my expired visa?
So essentially what i’m asking is, can i apply for a tourist visa while i have an expired IR-5 immigration visa, that has not been reapplied for?
Thanks
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honestly? I think you’d have a tough time getting a tourist visa under those circumstances. The probable assumption would be that now that your immigrant visa has expired, and/or there is a ban on IR5, that you would intend to stay and adjust status once in the US.
 
I wanted help understanding the immigration ban extended by the trump administration. Does it impact IR5 category immigration?

Thanks
 
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