SusieQQQ
Well-Known Member
Indeed, good luck on that front - you would need to coordinate with KCC for the appointment to be made though? (compared to NIV appointments that are booked directly with the embassy).Keep us posted.
Trump’s New Executive Proclamation - Travel Suspension 2.0
- Thread starter Sm1smom
- Start date
Hi everyone! Do I get it right that people who had an interview appointment before the proclamation (DV2020) won’t get any visa anymore?? And who will pay us back the medical examination expenses?? @SusieQQQ @Britsimon your opinions are highly appreciated
Sm1smom
Super Moderator
Unfortunately no one will be paying you any refund for expenses incurred, harsh as it may seem.
Applicants for immigrant visas covered by the proclamation, including Diversity Visa 2020 (DV-2020) applicants, who have not been issued an immigrant visa as of April 23 are subject to the proclamation's restrictions unless eligible for an exception. No valid visas will be revoked under this proclamation.
SusieQQQ
Well-Known Member
Unfortunately nothing in this process is refundable. You are never guaranteed a visa and even visa fees are not refunded in the event of a denial, even for those in probably the most unfair spot right now - those who actually interviewed but were still in AP when the proclamation came out. You can try for an appointment if you are one of the few who fall under the exceptions to the proclamation, or hope for some success from the AILA suit.
There are certain limited exceptions to this Presidential Proclamation for humanitarian travel, public health response, and national security. Other limited exceptions may be provided to:
applicants who are subject to aging out of their current immigrant visa classification before the relevant P.P.s expire or within two weeks thereafter
certain H and J visa applicants who are traveling to work in support of a critical U.S. foreign policy objective (such as COVID-19 response) and/or traveling at the request of the U.S. government
spouses and children of certain visa class holders, such as H, J, and L visa holders who are already excepted from, or not subject to, P.P. 10052.
applicants who are subject to aging out of their current immigrant visa classification before the relevant P.P.s expire or within two weeks thereafter
certain H and J visa applicants who are traveling to work in support of a critical U.S. foreign policy objective (such as COVID-19 response) and/or traveling at the request of the U.S. government
spouses and children of certain visa class holders, such as H, J, and L visa holders who are already excepted from, or not subject to, P.P. 10052.
SusieQQQ
Well-Known Member
Its not retroactive but that means people who were issued visas before the ban came into effect get to keep them, it doesn’t mean you get the right to interview. Any interview now will mean a visa issued after the effective date, in other words, banned (unless you are one of the exceptions such as medical worker.)
Britsimon
Super Moderator
I read your earlier posts. As I see it you have two challenges in trying to qualify for an exception.
UNless I understood incorrectly, your spouse has some medical education, but no work experience as a medical professional. And you mentioned that she would require additional training to become a nurse, which would take 2 years. So - the first problem would be that your spouse is not a nurse that could help soon, although she is further down the path than someone without the education.
Secondly the exception is clearly intended to help provide a path for US based employers to bring needed medical personnel. That means the visa application should be a work sponsored type of visa. That's an "arguable" point (because the proclamation is badly worded), but that would clearly be the intent.
Rustam AZ
New Member
Hmmm, I think no.
As I know, but may be I'm wrong, if you have bachelor degree in medical professions, like my wife ( physician), you need only to pass exam to get RN license. No need to study 2 years (only if you want to get nurse diploma bachelor degree, but you can work without it but for less salary) My education is - English language philologist and I also have nurse diploma, because in my university we had additional medical education (need to study 1-2 years to be passed to NR exam). But main applicant is my wife. So, I need to tell consular, that according to sec B, (iii) of 10014(not second P.P.), it's not difficult to get license and stand with medical workers of US against COVID-19. I hope it should work.
Second challenge is to get emergency appointment. But I think our embassy would be opened and I don't need to find way how to get an appointment
Tnx for your replies and opinions!
Last edited:
SusieQQQ
Well-Known Member
You may “only need to pass an exam” but the (already foreign qualified) nurses I’ve known who have done this have taken a year or more to do so. This may be because it has been part of a green card process (I think it’s EB3 that is the nurse route) but it certainly needs some preparation. Has your wife started preparing for it? Signed up for an exam sitting? I agree with britsimon that your position would be stronger if she had the NCLEX qualification already, and much stronger if she actually had a potential job offer on the table. I think you’re being quite complacent about your approach in terms of convincing them that you qualify for an exception. They need people that can hit the ground running right now.
Rustam AZ
New Member
Agree with you, to be ready for exam you need to prepare. Also some people spent 1-2 years to pass exams. But how consular could know about my wife's lvl of knowledge? Sure, if I have job offer, then I can go throw exceptions of both proclamations, not only 10014. As I know, you have to wait for an exam 6 or more months. That's enough to prepare and to learn medical English. In theory of course. I'm talking about theory, about idea of Trump, that some people could get visas under exceptions. Like - we are closing our embassies because of covid, we stop Dv and other immigration to prevent job situation in US... But we need doctors and nurses, because in better days we needed them, in covid situation we need them more. All I need is to ensure consular. That could be the last chance if AILA won't help us. By the way, my appointment was scheduled on May 12. My case number is 19k
SusieQQQ
Well-Known Member
The exact point I think we are making is that the CO does not know your wife’s “level of knowledge”, and that is why already having the qualification or a job offer at that point would be a big positive for your case. Telling them you’re going to do it in 6 months or more is all very well, but probably does not justify an emergency appointment. I guess the silver lining for you is that even if DV doesn’t work out, you can go the EB3 route. As you rightly note demand for nurses remains high regardless of covid.
By the way on your comment about the embassy closures and needing medical personnel to deal with Covid - people with job offers in the medical field have been getting emergency appointments and receiving visas all along through both the embassy closures and the bans. It has been listed both as a reason for getting an emergency appointment during the closures and then as an exception to the ban. Most of these have been coming in on H1B as far as I understand.
Noble Osei Owusu
Member
As a dv applicant how can you get a chance to prove ur medical profession without going to an interview?
Today a lawsuit has been filed for dv2020, other than the AILA lawsuit I believe. Also if someone is familiar with this suit, do you know if it’s a class action one?
https://threadreaderapp.com/thread/1283969834825416705.html
https://threadreaderapp.com/thread/1283969834825416705.html
Borost
Active Member
High hopes for this one.
Spain's embassy reopens next Monday and they will process urgent cases like F and M visas. You mentioned that you hope DV cases will be managed soon as well but what I mean is that they will not be until the EO is done with /one way or another)
Rustam AZ
New Member
Easy - just write or call them, explain that you are exceptional and if you do everything right you'll get an interview. DV could be appointed, only covid closure stops it
Rustam AZ
New Member
We have 2 challenge. 1 exceptions of Dv. 2 emergency appointment for both P.P.+covid closure of all embassies. 1- is not so difficult to prove. 2- you'd better have job offer or already have license. This is normal for h1b, because you were working there before or prepared special for that. Because h1b means, that you should be already ready. But we are DV winners and chance to be ready doctor or nurse for US is about 0% but he made this exceptions for 10014, before June and job visa ban. I hope you understand what I mean, and what I'm going to explain to consular if I get there. 6 month + is not my choice, it's a procedure time from you apply for exam and exam
Yeah, got it. After seeing Brit Simons latest videos I don’t have much hope left for my case anymore.. unfortunately. It would be great if something unexpected would happen but when then I’m in a bad spot. There are only very few selectees from my country this year and I thought that this might help my case but all in all it looks pretty bad for my group now. Let’s wait and see what will happen...