Trump’s New Executive Proclamation - Travel Suspension 2.0

[Sm1smom]

Why do u think the EO definitely applies to me?? I dont think it applies to me because pursuant to Section 2(a)(iii) of the proclamation, "The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who: [...] do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission”.

I see. My understanding could be wrong (I still haven’t gone through the entire proclamation).

 

[Sm1smom]

Thank you for clarifying. That's what I though and other than being present in the US on the day of proclamation, I also have an official travel document.

Assuming the EO is indeed not applicable to you, there’s still the issue of KCC scheduling your interview and the embassy in the third country you’re planning on interview at being open, right?

 

[SusieQQQ]

Thank you for clarifying. That's what I though and other than being present in the US on the day of proclamation, I also have an official travel document.

Please keep us posted on whether KCC agrees to schedule you for an interview at an embassy.

 

[Troy123]

I am sorry for those affected. What would this mean for DV 2021 selectees especially for those who are already in the US and are eligible for AoS? Would we only be able to file ds260/I-485 after Dec 31, 2020 regardless of our case number?
Thanks!

 

[A_D_123]

@Sm1smom I know you mentioned that the EO does not affect AOSers. But does that apply even if the selectee is currently renewing their expired passport (ie: they do not have a valid/non-expired travel document right now)?
I'm slightly confused because when @Britsimon said in his video that H-1B holders trying to seek a green card are still affected by the EO it made me wonder if he meant those seeking an employment-based GC or DV winners on H-1B (ie: AOSers).

 

[Sm1smom]

I am sorry for those affected. What would this mean for DV 2021 selectees especially for those who are already in the US and are eligible for AoS? Would we only be able to file ds260/I-485 after Dec 31, 2020 regardless of our case number?
Thanks!

It does not impact those currently in the US who is AOS eligible.

 

[Sm1smom]

@Sm1smom I know you mentioned that the EO does not affect AOSers. But does that apply even if the selectee is currently renewing their expired passport (ie: they do not have a valid/non-expired travel document right now)?
I'm slightly confused because when @Britsimon said in his video that H-1B holders trying to seek a green card are still affected by the EO it made me wonder if he meant those seeking an employment-based GC or DV winners on H-1B (ie: AOSers).

This proclamation suspends VISA issuance for those currently outside the US. I haven’t seen Simon’s video, but I’m guessing he’s referring to H-1B processing GC via CP.

 

[A_D_123]

This proclamation suspends VISA issuance for those currently outside the US. I haven’t seen Simon’s video, but I’m guessing he’s referring to H-1B processing GC via CP.

That makes perfect sense. Thank you.

Also, my apologies. I misheard (while panicking) him saying H-1B when he actually was referring to B1 visas in his video (at 11:36 to be exact).
Sorry again for misquoting @Britsimon.

 

[Sm1smom]

“Routine visas services have been suspended at U.S. posts worldwide, but as resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Mission-critical immigrant visa categories may include applicants who may be eligible for an exception under this presidential proclamation, such as: IR/CR1, IR/CR2, IR/IH-3, IR/IH-4, SQ, SI, and certain employment-based medical professionals, as well as cases involving an applicant who may age out. While embassies and consulates may process these types of cases, their ability to do so may be limited by local government restrictions and available resources. In addition, an applicant’s ability to travel may be impacted by local laws, regulations, and travel restrictions”

US DOS - Bureau of Consular Affairs

 

[hap3158]

I am sorry for those affected. What would this mean for DV 2021 selectees especially for those who are already in the US and are eligible for AoS? Would we only be able to file ds260/I-485 after Dec 31, 2020 regardless of our case number?
Thanks!

I guess the case number still matters. Which means regardless of being in US, theres a higher risk if the case number is high

 

[Troy123]

It does not impact those currently in the US who is AOS eligible.

Thank you for your response but what is your thoughts on following questions?
1) If 2021 CP applicants who process through CP get affected by the current DJT EO, then doesn't that probably mean the VB won't get updated with new case numbers starting Oct. 2020 until Dec 31, 2020?
2) If VB case numbers don't get updated, then how would AOSers be able to file I-485?
3) Would the worst case scenario be 2021 DV Aosers have to wait until next year to file I-485?
4) OR can there be a case where they would let AOSers begin further processing w/o even having to have their cases number current in VB?
I appreciate your time and patience!

 

[Troy123]

I guess the case number still matters. Which means regardless of being in US, theres a higher risk if the case number is high

I agree. I hope not but I see some possibilities that higher cases number on dv 2021 can be just as unfortunate as dv 2020 whose cases became current just now.

 

[Mr Hope]

Assuming the EO is indeed not applicable to you, there’s still the issue of KCC scheduling your interview and the embassy in the third country you’re planning on interview at being open, right?

Yes, your right is not easy. I have talked with KCC before and they told me they can only transfer my case to my country of origin but once I get the interview letter I can ask the consulate at my country of origin to transfer my case to the country I want to attend the interview. They say it is possible to do it that way. My only concern now is how the EO will affect my case.

 

[Sm1smom]

Thank you for your response but what is your thoughts on following questions?
1) If 2021 CP applicants who process through CP get affected by the current DJT EO, then doesn't that probably mean the VB won't get updated with new case numbers starting Oct. 2020 until Dec 31, 2020?
2) If VB case numbers don't get updated, then how would AOSers be able to file I-485?
3) Would the worst case scenario be 2021 DV Aosers have to wait until next year to file I-485?
4) OR can there be a case where they would let AOSers begin further processing w/o even having to have their cases number current in VB?
I appreciate your time and patience!

VB should continue to be updated regardless. The previous EO which expired and subsequently got extended today did not stop the VB from being updated for the past 3 months.

DV2020 selectees processing CP have been stuck since April, when the previous proclamation came into effect, VBs have been released since which is enabling DV2020 AOSers to continue with their own process (except of course for USCIS offices being closed due to COVID-19).

 

[Walt91]

The big assumption for that to work is that KCC will schedule him for a DV interview in a third country, when no DV visas are being issued. I just can’t see either KCC or the embassy making an exception because he was in the US at the time - and that’s even before considering embassies don't usually schedule immigrant visa interviews for people not resident in their countries (I know it has helped on occasion, but it’s extremely rare). In addition to that, the actual wording of the EO says the effective date of the visa has to be before 23 April (this is the EO that was extended so that date remains the cut off afaik). If you can see a way around all this, I’d be interested to hear?

I was in the US as well at the time of the April 23 proclamation went in effect. I explained my situation to Curtis and it seems like it can be an exemption from the ban for people In the same situation and still be able to do consular processing. It only tells you have to be present not In what status.

 

[Sm1smom]

Yes, your right is not easy. I have talked with KCC before and they told me they can only transfer my case to my country of origin but once I get the interview letter I can ask the consulate at my country of origin to transfer my case to the country I want to attend the interview. They say it is possible to do it that way. My only concern now is how the EO will affect my case.

Yes, it is possible to transfer the case to another embassy. However that embassy at the other country also has to be willing to accept the case though. And there’s the fact that embassies are no longer processing routine visa services.

 

[Troy123]

VB should continue to be updated regardless. The previous EO which expired and subsequently got extended today did not stop the VB from being updated for the past 3 months.

DV2020 selectees processing CP have been stuck since April, when the previous proclamation came into effect, VBs have been released since which is enabling DV2020 AOSers to continue with their own process (except of course for USCIS offices being closed due to COVID-19).

That makes sense. Thanks!

 

[SusieQQQ]

Yes, your right is not easy. I have talked with KCC before and they told me they can only transfer my case to my country of origin but once I get the interview letter I can ask the consulate at my country of origin to transfer my case to the country I want to attend the interview. They say it is possible to do it that way. My only concern now is how the EO will affect my case.

Even if you can get KCC to schedule you and you can also find a third party embassy that agrees to take the case despite you not residing there, you’re fast running out of time with embassies still not open for routine visa issuance. Realize that after KCC tranfers your case to the first consulate it’s no longer involved, so you would then have to make the next appointment yourself, at a consulate - and this is going to be almost all of them - that’s backlogged with cases from months of embassy closure. At the best of times it can take a couple of months to transfer cases/reschedule appointments from one embassy to the next. Still, I guess you seem to have no other option so all I can suggest is you start by contacting KCC to tell them you have an exception to the ban and ask them to schedule you asap when they possibly can.

 

[Olga1200]

Does this mean that the ds260 forms and the required documents will still be processed by KCC?
Only the interviews will be suspended?
If it's the case, it's a good news for dv2021.
Thanks for your answer.

 

[eu47zzz]

A Man whose grandfather came as an Immigrant from Germany and because of benefits of Immigration those days became the President and he blocks Immigrants what a Paradox ,I think he should have gone deeper with this Immigration thing and put a law to deport 2-3 generations of immigrants to origin Countries, so he would be affected to,and also his wife is an Immigrant who came in the 90-s,”Nephew of the Immigrant and husband of Immigrant who blocks Immigrants” Really if he wins again elections ,I wouldnt want to live there anyway.