Stop the immigration process, the ban on the entry of more and more regulations come into effect in the United States and are a common uncertainty, especially among participants and winners of the lottery green card DV-2020. Immigration attorney Ekaterina mouratova at the request of the ForumDaily explained, one concerning the newly issued restrictions and what should I prepare.
The reasons for the ban on immigration
22 April 2020 the US President Donald trump has suspended the entry of the United States on immigration visas for 60 days. This decision was taken in connection with the ongoing pandemic COVID-19 and, as a consequence, rising unemployment among American citizens. The President explained that holders of immigrant visas can potentially work for any employer in the country, thereby competing for a few jobs to citizens and permanent residents of the United States.
According to the President, this limit will help to reduce unemployment in the country. However, representatives of large American companies not share this point of view.
22 Jun 2020 trump signed a new decree extending the validity of previously published ban on immigration until December 31, 2020. This resolution came into force on 24 June and will be reviewed after 30 and then 60 days to determine the need for further adjustments to the policy.
Ban vs immigration ban on entry
It is important to understand the terminology: a ban on entry, which arose as a result of the pandemic, continues to operate for an unlimited period of time while there is a risk of spread of the virus, quite irrespective of the new decree of the President. The ban means that currently foreigners, with the exception of holders of green cards (!), can’t enter the US if they were in the Schengen countries, the UK, Brazil or China in the last 14 days. Just as US citizens can not currently enter the EU.
If you currently reside in a country not mentioned above, or plan to spend 14 days immediately before departure to the United States in a third country (many travelers nowadays are opting Mexico), you can enter the U.S. as a tourist. Moreover, although the ban on entry “is not restricted” time he, in all probability, will be canceled much earlier than the new ban on immigration.
Ban on immigration affects people from all over the world, regardless of their location, who were going to apply for a green card or a work visa at the U.S. Consulate.
Who is affected by the ban on immigration
Since June 24, 2020 ban on immigration will only affect the issuance of new immigrant and certain nonimmigrant visas:
EB-1-4 Visa (immigration visa) — seekers of green cards based on employment;
The Diversity Visa (immigrant visa) — winning lottery green card;
As well as certificates and holders of any of these visas, family members (spouse and children).
Exceptions to the rule
The prohibition does not apply to the following people:
applying for change of status in the U.S. (immigrant or non-immigrant);
holders of immigrant and non-immigrant visas (i.e. people who have received visas before the ban will be able to enter the United States freely);
applicants for a green card for investor (EB-5);
persons seeking a green card based on marriage to a U.S. citizen;
people whose biological children are unmarried U.S. citizens under the age of 21;
people of national interest for the country, such as health workers, workers in food production, etc.
applying for asylum in the United States;
applicants for any other types of nonimmigrant visas.
What awaits the winners of the lottery DV-2020
If you are the winner of the lottery DV-2020 and you have not yet scheduled an interview at the U.S. Consulate is likely to be impossible to complete the process of obtaining a green card within the statutory deadlines. Under U.S. law, immigrant visas to the winners of this lottery can be issued only until September 30, 2020.
And what about the winners of the lottery DV-2020, which already passed the interview at the U.S. Consulate and got the immigration visa but are unable to enter the United States within the established deadlines in connection with the closing of the borders? — The U.S. Department of state has not made any official statements with regards to the possibility of extending immigration and visas in this category.
Association suggest that the United States will begin a court case to restore the timing of the receipt of immigrant visas in the DV-2020. However, at the moment the situation is not encouraging.
Immigration attorney Ekaterina mouratova. Photos from the personal archives of Ekaterina mouratova PLLC
What awaits the winners of the lottery DV-2021
If at the beginning of June 2020 you learned that you won the lottery, DV-2021, you innovations not affected. It is possible that the first interview at the Consulate among the winners who will appoint in January 2021, but not for October 2020, as it was before.
Please note that in February this year introduced a new rule of “public charge rule”, under which all applicants for visas must prove that they do not become a burden to the state, in addition to meeting the other requirements of the program.
Given the fact that the deadline for the interviews for the winners of the DV-2021 will be reduced, should correctly prepare all the documents in advance so as not to cause delays in case of lack of any evidence and any additional questions the Consul.
You must obtain an entry visa or change status in the U.S. if you are already in the country, until September 30, 2021. After this date an immigrant visa will not be issued under any circumstances.
Democrats have already announced that if they win the election in November, it will cancel the ban on immigration. But it could be done even faster: U.S. corporations fear that this regulation will have a negative impact on the US economy, as skilled workers from other countries will no longer be available. Also, it is likely that this Executive order will be challenged in court and it will be cancelled until December.
What awaits the participants of the lottery green card DV-2022
The participants of the Green Card lottery DV-2022, which will be held this year, not to worry, as the decree does not affect the performance of the Diversity Visa Lottery in October. However, last year’s innovation on the mandatory presence of the participant’s passport at the time of application led to a decrease in the number of participants, but at the same time increased the chances of winning. The winners were two and a half times more than in the previous year.
Trump may not suspend or cancel a lottery by his decree!
We can assume that by the time of the announcement of results in may 2022, the situation will improve again, so if you win, you will surely be able to apply for his green card.
Comments from the Department of State
On Twitter, representatives of the U.S. state Department answered some questions about innovation. The most important explanations leads “Voice of America”.
Question: I Have a valid H-1B, H2B, L, or J and my children/husband or wife has a derivative visa. Can I enter the United States? [H-1B gives the right to work, highly skilled workers, particularly in the it sector, L is issued for transfer within the same company, H-2B for unskilled workers, J is issued to the participants in the educational programs]
Answer: Those who as of 24 June there is a valid visa, does not fall under the new ban. However, those who have the ends of the visa, and those who submit to update it, fall.
Question: I am already in the United States on a visa H-1B, H2B, J, or L. What this means to me?
Response: the Prohibition has no retroactive effect. Visa will not be canceled. On the renewal status please contact the Department of homeland security.
Question: What visa type J subject to the ban?
Response: the Prohibition applies to those who have a J visa is a “trainee, student, teacher, staff member, au pair, or participates in the summer program work-study and accompanying such aliens.”
Question: will it Affect the participants lottery green card?
Response: This program has many stages, the applicants in the DV-2021 will be an interview not before 2021 financial year. The ban will be completed on 31 December, provided that it will not be renewed.
Question: I am the doctor, whether there is an exception for me?
Answer: Doctors-physicians, served on J visas are not subject to the ban. Physicians who want to enter the USA on a visa H-1B or L to provide medical services or participate in research related COVID-19, may be considered for granting exceptions.