5 ms·

Am I correct that this only applies to new visas through those programs, and existing visa holders will be able to renew?

by 0xy 6y ago

jedberg 6y ago
You are correct: The order does not apply to those already in the United States, and it gives the Trump administration some leeway in making other exceptions. For example, immigrants applying for visas to provide labor "essential to the United States food supply chain" are exempt. Individuals "whose entry would be in the national interests" as determined by the federal government are exempt as well.
- hkmurakami 6y ago
  It's implied that renewals fall under "the order does not apply to those already in the United States", but is frankly not direct or transparent enough to give comfort for those who have to leave the country temporarily to process their visa renewals. There were plenty of renewal snafus even before the current administration, and the vagueness of these EOs certainly don't make things better.
  - dragonwriter 6y ago
    > It's implied that renewals fall under "the order does not apply to those already in the United States", but is frankly not direct or transparent enough to give comfort for those who have to leave the country temporarily to process their visa renewals. It specifically does not apply those in the US on the date of the proclamation or with a valid nonimmigrant visa or nonvisa entry document. So, no, there is no ambiguity on the face on this point. (That is, it expressly only applies to those outside the US on the date it becomes effective, who don't have a visa, and don't have a nonvisa travel document.)
    - hkmurakami 6y ago
      I got this confirmed by an immigration attorney. Thank you for your information.
- detaro 6y ago
  And current visa holders that aren't in the US right now have a problem. Saw some reports on Twitter from some seeing early reports and trying to make it, but being denied boarding on flights to the US.
  - ra7 6y ago
    The vague language also means current visa holders that are in the US can't visit family outside the country and re-enter. Not that this is a good time to travel, but there certainly can be extenuating circumstances.
    - NovemberWhiskey 6y ago
      How do you get to that? I’m not saying there won’t be confusion but the plain language of the order says it doesn’t apply to people who have currently valid visas.
      - ra7 6y ago
        I may have read/interpreted the text wrong as I see other commenters suggesting it's not the case. Apologies.
  - sg47 6y ago
    It's not clear if people outside the country with valid visas can re-enter. My spouse is on a H4 and is currently out of the country. We are worried that they might not be able to re-enter. Going through this after 18 years being in this country is extremely frustrating.
    - dragonwriter 6y ago
      It is very clear that the order allows it (but that doesn't mean that's what is being enforced; as with the Muslim ban, it's quite possible that on top of whatever disputes there are about the policy in the text, the enforcement, especially initially, may not align with the text). In relevant part, and note the conditions are “and” conditions: Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who: (i) is outside the United States on the effective date of this proclamation; (ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and (iii) does 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.

Am I correct that this only applies to new visas through those programs, and existing visa holders will be able to renew?

by 0xy 6y ago

Am I correct that this only applies to new visas through those programs, and existing visa holders will be able to renew?

jedberg 6y ago

You are correct: The order does not apply to those already in the United States, and it gives the Trump administration some leeway in making other exceptions. For example, immigrants applying for visas to provide labor "essential to the United States food supply chain" are exempt. Individuals "whose entry would be in the national interests" as determined by the federal government are exempt as well.

hkmurakami 6y ago
It's implied that renewals fall under "the order does not apply to those already in the United States", but is frankly not direct or transparent enough to give comfort for those who have to leave the country temporarily to process their visa renewals. There were plenty of renewal snafus even before the current administration, and the vagueness of these EOs certainly don't make things better.
- dragonwriter 6y ago
  > It's implied that renewals fall under "the order does not apply to those already in the United States", but is frankly not direct or transparent enough to give comfort for those who have to leave the country temporarily to process their visa renewals. It specifically does not apply those in the US on the date of the proclamation or with a valid nonimmigrant visa or nonvisa entry document. So, no, there is no ambiguity on the face on this point. (That is, it expressly only applies to those outside the US on the date it becomes effective, who don't have a visa, and don't have a nonvisa travel document.)
  - hkmurakami 6y ago
    I got this confirmed by an immigration attorney. Thank you for your information.
detaro 6y ago
And current visa holders that aren't in the US right now have a problem. Saw some reports on Twitter from some seeing early reports and trying to make it, but being denied boarding on flights to the US.
- ra7 6y ago
  The vague language also means current visa holders that are in the US can't visit family outside the country and re-enter. Not that this is a good time to travel, but there certainly can be extenuating circumstances.
  - NovemberWhiskey 6y ago
    How do you get to that? I’m not saying there won’t be confusion but the plain language of the order says it doesn’t apply to people who have currently valid visas.
    - ra7 6y ago
      I may have read/interpreted the text wrong as I see other commenters suggesting it's not the case. Apologies.
- sg47 6y ago
  It's not clear if people outside the country with valid visas can re-enter. My spouse is on a H4 and is currently out of the country. We are worried that they might not be able to re-enter. Going through this after 18 years being in this country is extremely frustrating.
  - dragonwriter 6y ago
    It is very clear that the order allows it (but that doesn't mean that's what is being enforced; as with the Muslim ban, it's quite possible that on top of whatever disputes there are about the policy in the text, the enforcement, especially initially, may not align with the text). In relevant part, and note the conditions are “and” conditions: Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who: (i) is outside the United States on the effective date of this proclamation; (ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and (iii) does 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.