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Trump’s New Executive Proclamation - Travel Suspension 2.0

Who did think page number 228 will be an end for DV2020 All Selectees form? I read the first page of the comments again and in there, everyone thinks this year will be a super fiscal year for everyone. :)
 
BossT said:
Also notice how the state department says this affects dv 2020 "with some exceptions" Curious as to what those exceptions may be.
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"DV-2021 applicant wont be interviewed until FY2021"
Does that mean that they may start interviews in october ? Since FY starts in october
 
@Britsimon

Those who got the visa expired and embassy refuses to renew because first they're close and also there's the extension of the EO ban, what they have to do? They can participate in the class action as well?

Dear Sir,


Thank you for your email. Unfortunately, the visa cannot be extended. In case you cannot travel before the expiration date, you will need to redo your medical examination and pay all related fees.

We are currently not able to re-issue diversity visas due to the Presidential Proclamation. Please monitor our website in the future for more information.


Regards,

Naples Visa Unit
 
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SusieQQQ said:
There have been some opinions proffered that your technical reading is correct.
There is also some scepticism on the part of some of us that KCC will schedule any DV interviews during the ban, though technically they should make the exceptions. Obviously no one has any experience trying one way or the other yet.
I’d suggest that with a relatively low OC number, you have options even if they won’t schedule you as an exception - whether doing AOS (if your number becomes current in the first quarter of the fiscal year) or waiting to see if the ban expires and doing CP relatively early next calendar year.
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Right. I posted a link to the USDOS - Bureau of Consular Services website a couple of pages back on this thread where it states routine visa services have been suspended as a result of the proclamation, embassies and consulates will only be providing emergency and mission critical visa services. In view of that, I very much doubt the KCC will be scheduling interview appointments while the ban is in effect.
 
Yanisz said:
"DV-2021 applicant wont be interviewed until FY2021"
Does that mean that they may start interviews in october ? Since FY starts in october
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The statement is basically stating DV2021 FY is yet to start. No, it doesn’t mean they will start interviewing DV2021 selectees at the beginning of the FY in October - they are still subject to the ban until ban expires in December.
 
Sm1smom said:
The statement is basically stating DV2021 FY is yet to start. No, it doesn’t mean they will start interviewing DV2021 selectees at the beginning of the FY in October - they are still subject to the ban until ban expires in December.
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That's what i thought too, it's just that the statement is kinda weird.
Anyway, thank you !
 
Ercriniera said:
@Britsimon

Those who got the visa expired and embassy refuses to renew because first they're close and also there's the extension of the EO ban, what they have to do? They can participate in the class action as well?

Dear Sir,


Thank you for your email. Unfortunately, the visa cannot be extended. In case you cannot travel before the expiration date, you will need to redo your medical examination and pay all related fees.

We are currently not able to re-issue diversity visas due to the Presidential Proclamation. Please monitor our website in the future for more information.


Regards,

Naples Visa Unit
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1. There is some confusion in their use of the word extended. So - to clarify. The visa cannot be "extended" but a visa can be re-issued once the old one has expired.
2. On the second point about whether the visa issuance is subject to the ban - their statement is in line with my original assumption, that the visa cannot be re-issued because of the ban. BUT I am aware of at least one case where visas were reissued to a couple after their visa expired. Since KCC would have had to have been involved in the reallocation of the visa for that case - KCC might be able to clarify whether Naples has that right or not. In any case I have asked the AILA team to include that scenario to the list of affected groups in their action - and yes - please add your name to the form. I will be closing the form shortly since we have more than enough responses to be able to get a representative set of plaintiffs.
 
Britsimon said:
1. There is some confusion in their use of the word extended. So - to clarify. The visa cannot be "extended" but a visa can be re-issued once the old one has expired.
2. On the second point about whether the visa issuance is subject to the ban - their statement is in line with my original assumption, that the visa cannot be re-issued because of the ban. BUT I am aware of at least one case where visas were reissued to a couple after their visa expired. Since KCC would have had to have been involved in the reallocation of the visa for that case - KCC might be able to clarify whether Naples has that right or not. In any case I have asked the AILA team to include that scenario to the list of affected groups in their action - and yes - please add your name to the form. I will be closing the form shortly since we have more than enough responses to be able to get a representative set of plaintiffs.
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hi Brit, thanks for your help. If AILA will achieve the goal of this lawsuit, do you think people that have their docs processed since March and are waiting their 2NL since April for June interview still have a chance to receive it or not ? Thanks
 
Britsimon said:
1. There is some confusion in their use of the word extended. So - to clarify. The visa cannot be "extended" but a visa can be re-issued once the old one has expired.
2. On the second point about whether the visa issuance is subject to the ban - their statement is in line with my original assumption, that the visa cannot be re-issued because of the ban. BUT I am aware of at least one case where visas were reissued to a couple after their visa expired. Since KCC would have had to have been involved in the reallocation of the visa for that case - KCC might be able to clarify whether Naples has that right or not. In any case I have asked the AILA team to include that scenario to the list of affected groups in their action - and yes - please add your name to the form. I will be closing the form shortly since we have more than enough responses to be able to get a representative set of plaintiffs.
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well, this may depend on whether the original visa was actually expired already or not. The FAM says that a reissue before the expiry of the original can use the originally allocated visa number (see below) in which case they would not have needed a reallocated visa. Unless anyone actually knows the family to determine the exact circumstances, i don’t know that we can definitively conclude anything?
I can’t determine from the way it’s worded below if a new number is needed if the visa has actually expired already - as the opening sentence included “was unable to use”. Any insight on that?

9 FAM 504.10-5(A) (U) Issuing Replacement Visa During Validity of Original Visa
(CT:VISA-411; 07-20-2017)
a. (U) If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible.
 
SusieQQQ said:
well, this may depend on whether the original visa was actually expired already or not. The FAM says that a reissue before the expiry of the original can use the originally allocated visa number (see below) in which case they would not have needed a reallocated visa. Unless anyone actually knows the family to determine the exact circumstances, i don’t know that we can definitively conclude anything?
I can’t determine from the way it’s worded below if a new number is needed if the visa has actually expired already - as the opening sentence included “was unable to use”. Any insight on that?

9 FAM 504.10-5(A) (U) Issuing Replacement Visa During Validity of Original Visa
(CT:VISA-411; 07-20-2017)
a. (U) If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible.
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It's not well worded - but I have sent that to the AILA to see if we can get a position from them, or perhaps get them to include that as another group within the suit.
 
Soophie said:
hi Brit, thanks for your help. If AILA will achieve the goal of this lawsuit, do you think people that have their docs processed since March and are waiting their 2NL since April for June interview still have a chance to receive it or not ? Thanks
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Then we are back to wait and see for embassies opening.
 
SusieQQQ said:
By the way it’s not a DV country but Vietnam is reopening for non-banned interviews at the end of the month. https://vn.usembassy.gov/partial-resumption-of-immigrant-visa-processing/
So at least some consulates are gearing up to reopen.
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But they also specifically say they cannot reissue visas banned under the proclamation. So back to relying on the lawsuit.

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 April 22 Proclamation.
 
SusieQQQ said:
But they also specifically say they cannot reissue visas banned under the proclamation. So back to relying on the lawsuit.

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 April 22 Proclamation.
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This is interesting as Sydney Consulate is still stating that reissuing expired DV visas is still possible. What are the odds of them saying one thing and doing another?
 
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