Friends, in this video, I'm going to answer questions that you sent me concerning President
Trump's proclamation, which suspend or banned entry into the US for certain immigrants and
non-immigrants.
So if you're interested in answers to questions that you've raised to me, stick around, watch
this video.
All right, before I get into it, guys, thanks so much for being part of my community.
I'm LaToya McBean-Pompy, an immigration lawyer.
I've been talking a lot about the latest things that President Trump is doing to immigration,
and keeping you guys plugged in.
If you have not yet subscribed to this channel, go ahead.
Do so right now and also hit the notification bell so that you'll be the first to get notice
of my videos each week.
Now, I have your questions in front of me, and I'm going to pull them up here.
These questions came primarily from the video that I did on the first day when the proclamation
was signed, which was June 22nd.
I'm going to link to that live video here so that you could go back and get some more
background information about this if you had not yet watched that video.
All right.
First question comes from Sadia.
Sadia asks, "What about the CR-1 visa?
Is it affected?"
We're talking about the conditional residency green card, and it's given to a spouse of
a US citizen or green card holder because the couple has been married less than two
years at the time of approval.
And so again, because the CR-1 applies to a spouse of a green card holder and a US citizen,
then the new ban that's in effect impacts the green card holder spouse, but not the
US citizen's spouse.
The US citizen's spouse can still come in on her CR-1 visa.
Unfortunately, the green card holder's spouse cannot come in under this ban.
He or she will have to wait until the ban is lifted, and that date is December 31st,
2020 so far.
That's the only date that we have at this point.
Next question comes from Sandy.
"Hi.
Can you tell me if the suspension includes the K-1 visa?"
And so Sandy, it does not.
It does not include the K-1 fiance visa.
Next question comes in from Sinthia.
Sinthia says, "Does it affect F2-A, F2-B immigration visa?"
The F2-A category again is that category of green card holder petitioners who are petitioning
for either a spouse or a child under 21.
The F2-B category is for the green card holder who is petitioning for an adult child, a child
that's over 21.
Now, this does impact both categories.
However, the child in F2-A that is closer to turning 21 during this time, that that
child is in danger of aging out of being eligible for the visa under this category, that child
is actually exempt under this ban.
So children who are facing the possibility of being aged out while this proclamation
or ban is in effect, they are exempt from this band and they will be able to get their
immigrant visa during this time and come to the US.
But everyone else, unfortunately, the spouse and then the adult children of a green card
holder, they cannot come in during this time.
Next question comes from Mayank.
Mayank says, "Hey, does this proclamation or the one two months ago, hold up the processing
of EB1 I-485 adjustment of status from within the US?"
And so the answer is no, the EB-1 is under the employment-based green card process.
This individual is going through adjustment of status, and so, because he or she is here
in the US going through adjustment of status, they are not caught up in this ban.
The ban again only applies to those who are outside of the country and they meet the other
criteria that I've talked about in other videos.
Go back, watch those other videos to learn what those criteria are.
Nishda asks, "After interviewing US embassy, my husband's L1-B visa and my visa was approved
and stamped by the US embassy.
So we have a valid US visa, but we couldn't travel to the US at that time as international
flights were stopped due to Corona in our country.
So will we be able to travel to the US in 2020 or do we fall under this ban?"
And so Nishda, because you and your husband have already received your visa stamp before
the proclamation went into effect, then you can actually travel to the US, so thankfully
you're not caught up in this ban.
You should be able to gain entry into the US once you're able to travel here, once travel
restrictions have lifted.
Next question comes from Jay.
Jay says, "Hi.
Is the new proclamation applicable to those already in the US?
In my relative's case, his I-94 will soon expire and he's planning to extend it."
So the easy answer is it does not apply to anyone who is currently in the US, only to
those outside of the US.
Ali asks, "Will this affect US citizenships?
I have submitted my citizenship application and it was accepted in March."
This proclamation does not impact anyone who is applying for naturalization here in the
United States.
Next question from Nike.
Nike says, "I'm a green card holder.
My husband is a citizen.
Under this new ban, can he file for my underage kids as his stepchildren?"
And so the answer is yes, if your children have a US citizen step parent and your children
are under 21 and unmarried, that would make them the immediate relative of your partner,
your spouse.
So the stepparent US citizen can petition for the children during this time and they
can gain entry.
However, if you, a green card holder, attempted to petition for your children and they fall
under the F2-A category, those children cannot come in unless they're facing the possibility
of aging out during this proclamation period.
If they're facing the possibility of aging out, then yes, those children can come in
under you, green card holder parent.
Next question comes from Annabell.
"Hello.
My mom already got her green card approval," congratulations, "but she is outside the US.
She's just waiting for the airport to reopen so she can travel to the US.
Will it affect her coming in?"
I don't really know, Annabell, what you mean by she already got her green card approval.
Has she already gone to the embassy, interviewed with them and then have received that immigrant
visa?
If so, then she's good to go because she has that immigrant visa and have already completed
all of the steps necessary to get the visa, so she can come in once the travel restrictions
have been lifted.
But if you mean that while only her I-130 was approved by USCIS and she hasn't gotten
that immigrant visa yet, then that would be a problem.
Then she would not be able to come in until this ban has been lifted.
But I'm reading your question to mean, she has her visa and she's literally just waiting
for the coronavirus travel advisories to lift so she can come in.
And if that's the case, then yes, she should be fine coming in.
Prince asks.
He says, firstly, this is an important question, Prince.
All of these questions are important.
So I thought that was cute, but he says, "Does it also mean that the USCIS won't accept right
now a file if a person is in this category, or does it mean that the currently ongoing
cases at USCIS are suspended right now?
You're talking about USCIS under the Department of Homeland Security that processes applications
for immigration benefits.
Now, this ban only applies to those outside of the US who will be going through the [inaudible
00:08:07] process under the state department or US embassy.
They're going to go through that process to come into America.
Those are the people who are impacted by this proclamation.
And so for those who are looking to apply for a green card or have their relative petition
for them for green card or immigrant visa, you can still apply now to USCIS and get the
petition.
And if you are in a category, a family-based category, that requires you to wait because
there's a waiting list, you fall under either F-1, F2-A, F2-B, F-3 or, F-4 category, you're
going to have to wait, and once your priority date comes up, then you will be notified by
the NVC, the National Visa Center to pay application filing fees, begin the visa application process,
give them their document, and then get in the queue for an interview at the US embassy.
So as you can see, there's a process, there are several different number of phases to
this process.
So if the person wants to apply now and put themselves in phase one, which is USCIS processing,
I would encourage them to do so, particularly if they're going to be in a family category
that will require them to wait.
It's better to get it in sooner rather than later.
So it does not slow down or stop anyone's application currently at USCIS.
The proclamation impacts those of you who have already gone through USCIS and going
through the NVC process now, or you're waiting for the NVC to contact you to put you in that
interview queue.
Those are the people who are really primarily impacted at this phase.
Next question comes from Deego.
Deego says, "Let's say the petitioner was a green card holder when he filed for his
kid.
But after this order, he gets his citizenship.
Will the kid get the visa?"
So the answer is if the petitioner parent upgrades the file by submitting the naturalization
certificate to prove that he is now a US citizen, the government will bump that child up into
immediate relative so long as it's still a child defined as one who's under 21 and unmarried.
Then, once that child gets in that immediate relative category, he or she is free to go
with respect to getting an immigrant visa and then gain an entry into the US.
The next couple of questions are from people who have contacted my office, called.
The first question is, "I am a citizen and my spouse is at the embassy.
Does this proclamation impact us?"
And the answer is no.
US citizen spouses are exempt from this proclamation.
The last one is, "Is the ban really true?"
And so the answer is, unfortunately, it is true.
I'm not wasting my time doing this video.
I'm actually providing this information to you because this is a real thing.
The ban is true, so watch other videos of mine and read the news and follow along with
these important developments, but unfortunately this is not just a dream or a nightmare.
This is real life.
Guys, thank you so much for watching this video.
Be sure to share it with others, share it on WhatsApp, share it on Facebook or wherever
you're at.
Just go ahead and share this video with others because they may have the same questions that
I answered in this video.
Thanks so much for watching, guys.
Don't forget to subscribe and I'll see you in the next one.
Bye bye.