Today, I wanted to talk about something that comes up pretty often in my consultations:…
Will Donald Trump make it harder to get my visa?
Many thousands of people are in the middle of the visa process. That includes many of our clients. Others are preparing to apply for a visa. How could Donald Trump’s presidency impact the process for you? I will answer that question from the standpoint of family based visas, since that is the majority of the work we do at Sound Immigration.
Family-based visas involve two federal agencies.
As you probably understand, family-based visas involve at least two federal agencies. First, an I-130 petition is filed with Citizenship and Immigration Services (USCIS). After I-130 petition is approved, the case does to the Department of State (DOS). For most family-based cases the file will be transferred to the Department of State’s National Visa Center (NVC), though fiancé(e) (I-129F) cases go straight to the U.S. consulate.
As President, Donald Trump will of course head all federal agencies. He will be in charge of directing the policies adopted by those agencies. Still, he is required to do so in a way that complies with existing laws and the constitution.
Processing with USCIS is unlikely to be impacted.
In the near term, it is unlikely that USCIS will substantially change the way that it processes I-130 petitions. Short of telling USCIS to “stop processing I-130 petitions” – an order that could be unlawful – it is unclear that Trump could do much to slow down or step petition review. Staffing for I-130 adjudications is funded by petition fees, not by tax dollars, so even de-funding USCIS would not necessarily slow processing times. The availability of I-130 petitions reflects laws passed by congress, which Trump cannot simply ignore.
In the long term, however, it is highly probably that Trump and a Republican congress will seek to enact new immigration laws. Those laws could further restrict the availability of family-based visas. If you are considering pursuing a family based visa – without a doubt – now is the time to act.
Processing with the Department of State could be slowed or effectively stopped.
The possibility of delay is more serious with the Department of State. Throughout his campaign, Trump voiced concerns that security checks for fiancé(e) and other visas are not strict enough. He also threatened to completely shut off immigration for individuals of Muslim faith, or from Muslim-majority countries.
The Trump administration could possibly implement additional security screenings that will substantially increase visa processing time. New policies could make it particularly difficult for visa applicants who are either Muslim, believed to be Muslim, or from Muslim-majority countries.
Regardless of whether these type of security protocols were ultimately upheld by the courts, they could slow the visa process for everyone in the near future. For now it is unclear whether Trump will take any steps in this direction, but visa applicants should understand that it is a possibility.
What should I do if I have not applied yet?
If you are considering applying for a visa, now is the time. There is almost no chance that the process will become easier in the next four years, and there is a real possibility things will get worse. Even if you apply now, your application could be negatively impacted later. But the best you can do is take prompt action now.
What if I have already applied for a visa?
If you have already started the visa process, the best you can do now is to do everything right the first time. Your goal should be to make it through the process as quickly as possible, and any mistake risks further delay. Likewise, if you are waiting for an I-130 approval, you can start now to prepare the documents and information you will need at the DOS visa stage.
This Post Has 307 Comments
Is it true that a U.S. citizen won’t be able to petition for their parents after March 5, 2018? Thanks!
No, because no new law has been passed yet, and no new legislation has even advanced very far.
Hi. I am from Afghanistan and I applied for my husband January 2017. He had an interview April 2018. They asked for a missing documents and also he was giving a yallow card saying administrative prosses. And It has been 3 months now still nothing from them
Hi, Tanya. Check out our post over here.
I petitioned for my husband I-130. I am a natural born citizen.
We just received notice of action today that my husbands I601A (provisional unlawful presence waiver) has been approved. What’s next? My anxiety is kicking in because I am terrified for him to go to Mexico. (Ciudad Juarez) for his interview. He hasn’t been to Mexico since he was 14 years old & is now 27. Anyhow, do you think he will be getting an interview appointment soon?
Hi Sound Immigration. I just would like to get some enlightenment with my case. Hope you could help me. My mother filed an F2B petition and got approved. My priority date is April 29, 2013. Will my visa waiting time be affected with Pres. Trump’s proposed changes? Thank you.
Hi, Jane. Right now it’s far too early in the legislative cycle to predict how things will shake out. As it stands, no proposal has advanced significantly in the House or Senate, so we are really still at ground zero.
I am US citizen and have applied for F4 visa for my brother in 2013. I am still waiting for approval notice. If new trump immigration policy become law, will my brother F4 file get impacted?
Yes, it’s possible that “reform” bills could impact your case – but it’s really too early in the process to tell.
Hi there it’s me again so finally my wife received the appointment letter for the visa interview however I will be sending a new affidavit of support with a joint sponsor since the first one that I sent wasn’t enough, now the interview date is Feb 22, what I need to know is if 2016 tax return is fine for affidavit or it has to be for 2017? My sponsor and I didn’t get the W2 yet for 2017
And thank you in advance for your help
How I can get my spouse to U.S. when they overstay visa last time?
Hi, Jay. This depends on the specifics of his/her situation. If the overstay was 6 months or more, at the least a “601” waiver will likely be required. More here. If the overstay was less than 6 months then you might be able to proceed without a waiver. Bottom line: probably a good time to talk to a good lawyer. Proceed with caution.
Hi, I’m engaged to a man from Nicaragua. He asked for tourist visa in summer 2017, and got denied. We are trying to decide now whether to get married in his country and then file spouse visa in March, or apply for fiance visa now. Which would be the easier option in your opinion? Also, which is the better option you think for us? Thank you
Also, I am a U.S.citizen
A detailed post about the pros and cons of both options can be found here: https://www.soundimmigration.com/marriage-visa-ir-1cr-1-versus-fiancee-visa-k-1/. Basically it is an issue of cost (fiancee is more) versus speed (fiancee is faster).
I’m a U.S. Citizen and my parents live abroad, I want to make family reunion with them trought chain migration, what is the current waiting time from submitting petition to getting Green cards? Can the chain migration get canceled soon?
Hi, Kobe. “Chain migration” is just a term used by conservative politicians. As a U.S. citizen you have the same rights as any other U.S. citizen to petition for your parents. Currently it’s taking on average about 12 months for such a case.
Thanks for your reply, during those 12 months the parents need to stay in U.S.? If the petition submitted for parents that live abroad it will take more time since the processing time will take longer and they can’t petition the I-485 at the same time? Recently many politicians speaking about canceling the family-based immigration, any real concern that it can be cancelled soon?
I want to apply for me and my family this 2018 and I am just hearing different things everywhere, I want to get the passport ready for them, so what step should I take……please I have dropped my son email so we can communicate over there. thank you very much
am prince will Atuseri.
It’s difficult to offer any helpful information, since it’s not clear what sort of a process you are trying to pursue. Are you saying that the family members are all U.S. citizens and just need to apply for passports?
Hi i filled l_130 for my busbnd in feb 22nd 2017 i got a receipt nmbr its almost 11 mnth now since i filled for my husbnd still waiting for approval . i check online they are processing 2nd september 2016 cases y its taking so long how long it usually take to accept application
Unfortunately, we’re seeing delays across the board. You can try asking your congressional representative for help, but the reality is that most applications are just taking foreeeeeeever.
Hello- i filed k3 i130 motion to appeal and regular appeal. NOW I contacted senator. I have lawyer. Bia deny my papers jan 12 2018-i just lost my husband son stillborn from stress from uscis and hospital giving me morphine at 7 months pregnant for headache. Losing our son was painful my husband first born he watch me deliver over a phone.How much do i have to suffer losing my son sept12018 now my husband from opinion of people inside of BIA-im ready to go public on news i never felt so much pain-WHY????
We’re so sorry to hear about this unimaginably sad loss. It sounds like you’re getting the help you need from a legal standpoint. You might also want to consider connecting with an excellent mental health professional.
Thank you Sir. I don’t need mental health. I need justice. Lawsuit. Good attorney that’s not afraid of a fight. I need my husband. And the people voice to stand with me on changing immigration laws. Thank you God bless
I have found reading all the comments very helpful, thank you. One question I have is what is your understanding of exceptional filing? My husband is a teacher so he won’t have a job until the hiring season starts (around March). Our 1-130 is being processed right now which we filed in Sept as this is when we decided to move. When he DOES get a job he will have to go back to the US around late July at the latest and I am unlikely to be finished by then. Do you think this would count as a ‘last minute relocation’ or would the fact that I will be living with no salary in another (very expensive) country count as huge financial loss, enough for us to be deemed as exceptional filing and the Consulate takes jurisdiction? Many thanks for any insight.
Are you asking about third-country processing? That’s when you have been living in country #1 but want to have the visa interview in country #2. Consulates vary greatly in how stringent they are about third-country processing. But usually inconvenience (such as the cost of flying back to the other country) isn’t going to be enough.
I am currently studying in US on F-1 visa. My parents recently got GC through employment, but I was not able to be on application (I’m 22 years old). We want to file I-130 as soon as possible, but I’m in the middle of a Master’s with intention to go on to PhD after. My question, could filing affect my ability to SEVIS transfer into a PhD program, and on the form itself, could I put that I plan to adjust status (since PhD program would end around the time the PD would become current)?
Hi, Brant. You’ll definitely want to get some individualized legal advice about this. The F-1 visa requires a lack of “immigrant intent” (more on that here). And filing a Form I-130 is basically the loudest possible way to announce that someone *does* intend to immigrate.
Hi ive been denied for tourist visa 6x now and maybe because the last time i had interview the consul told me that i should hope my petition filed by my parent will be soon,my question is my paremt file i130 and recieved sept 19 2012 how long will i still wait for development,as of sept 30 2017 they are processing i130 filed march 20 2012
There is simply no sure way to predict the progression of priority dates. You’ll need to monitor the Visa Bulletin.
I petition for my wife that lives in Peru, it’s been over a year now they say that the process will continue and they will schedule an interview overseas but she hasn’t received anything yet, is this a good sign that everything is going well? I’m an naturalized American citizen thnx for the response in advance
Hi, Jonathan. Marriage visas are taking longer than a year from start to finish. But if it’s been over a year and you haven’t received an approval of your I-130 that is a bit unusual. You should be able to check the status online using your receipt number.
Wow thank you for the information i haven’t started the visa process yet for my husband in was wondering how long it takes this is veru sad
In your experience, how long is it taking to get a I-130 visa for the parent of a US citizen? About a year? Does it make any difference that the parent is from El Salvador?
As a ballpark, one year is the absolute minimum these days. And no, El Salvador has no across-the-board longer wait times.
How are Marriage visas looking? We started our spousal visa process started on june 2018. Im a Nepali citizen and my husband is US citizen.
2017 i meant
Fortunately marriage-based visas really haven’t seen that much change. The main difference is that there are heightened security concerns, which can lead to massive delays at the consulate stage in certain cases.
Hi, my name is Arwin 29 years old from the Philippines. My Father is a Green card holder and he filed an F2B petition for me. The i-130 was approved last 2012 and is currently waiting for the priority date probably 5years more before it will be current. I heard this new law that Pres. Trump is implementing. If this law would become effective, will it affect my petition? Thanks
Trump has proposed doing away with most preference category visas, but that proposal has gone nowhere so far.
My parents are citizen of USA and have filed an F3 petition for myself, my wife and my minor daughter on 23rd July 2006. Currently, the visa bulletin shows the processing date of 8th October 2005 in F3 category. Considering the new law USA is bringing to end chain migration, what happens to my file? Will the new law provides for a grandfather clause protecting all old files or it will cancel all the old applications as well and the file will be closed?
Great question – and the only answer is that it is far too early to tell. None of the major immigration reform bills have advanced past the “idea” stage, so there will be many, many revisions to come. (If we get “reform” at all). Definitely, it’s too early to make life planning decisions based on the concepts getting passed around Washington.
Should I still apply for greencard for my parents (form I 130) given everything that is going on immigration reform? Is there any hope that the petition would go through?
The law remains the law until it is changed. So the best we can do is to get a petition filed under existing rules for someone who is eligible.
I am a US Citizen (naturalized) that married his wife in Mexico. It has been 7 months since I submitted my paper work. I received a letter saying that my paperwork was received but that was about 6 months ago. I feel a bit stressed and feel that the process is taking way too long. How longer should I anticipate waiting for???
I am also an American citizen and married my husband. Filed the application and waited a year and still no approval.
Welcome to the unhappy club 🙂
Hi, i’m a LPR and got married 3 months ago. My husband applied for a B2 visa to visit me temporarily. Also, i sent his I130 this friday. Packet will reach by monday (10/16/17) at chicago lockbox. My husband’s interview is yet to be taken in home country. Will this create any confusion because when he submitted his b2 application , since i didnot file for his I130, so he mentioned no petition filed. Now what should we do?
Visa applicants should always be scrupulously honest with the Department of State. Any pending immigrant visa petition makes it more likely that a B-2 visa would be denied. Also, even if the B-2 is approved, the holder can still be denied entry to the US. A visa is only permission to “apply for entry” to the U.S.; it does not guarantee entry. More information is available at our post here.
Hi, my name is Shufah Alhamidi, Im from Yemen so yes im a muslim and USA citizen ,I applied for a 1-130 alien petition last year for my husband in mid October 2016, and yes I got a recipient November confirmed my petition was approved but since then I haven’t heard from them back,It’s been almost year now you see that today is 10/18/17 and still no progress, Anxiety and stress is eating me up thinking is it because I’m a Muslim and my nationally is Yemeni that I haven’t been reached for an interview till now? Because its been almost a year after my approval? My husband is driving me crazy because we’ve been apart since December 2015, we were just newly weds but didn’t get to fulfill my happiness being separated 20 days after wedding because my flight got rescheduled earlier then we planned, because the civil war in my country I couldn’t stand living their anymore so when my family booked a flight to here in December I booked with them and came back to living in Staten Island ,NY , after settled I waited for a couple months for some documents to be mailed here from Yemen needed for the petition. When I was finally ready (Doucuments and all) I immediately filed an alien 1-130 petition and now a year and still no progress .I know i should be patient but I miss my husband badly so I thought I should ask you for any advice and answers to my questions that I’ve been curious to know. Thank you for listening! I’ll be waiting for a reply patiently ,God bless me with patience.
So at this point have you responded to all document requests?
They haven’t requested anything from me, and by doucuments do you mean evdinse of proof or something else? Anyway they haven’t asked me for anything, All I see in my case history is we recived your petition for alien relative on 11/04/2016 and We recived case at your local office on August 14 , 2017 , then Next steps says ”
We will prepare your case for officer review. If we need more information, we will notify you.”
You see that’s all,I’m so confused so please enlighten me is their anything missing or can I do anything to help my case to move faster? And one more question please, will Trump’s ban law effect my case?Can my case be denied somehow? Will I not be able to bring my husband and live like any couple trying to make a great future for themselves and children (not that I have any yet) ? Please reply
I’ve been waiting for a reply but months have passed…..Can you please reply to my last comment before this?
Can you please reply to my last comment before this? What should I do or expect?
How are Marriage visas looking? We can’t start our marriage visa process until about November or December 2018. 🙁 He’s an Italian citizen.
Overall, marriage visas – at least for an Italian national – are unchanged. Although they are taking somewhat longer than a year ago, nothing major.
Hello sound imigration,
So my mother was denied a b/1 B/2 tourist visa and the Embassy sent her her passport and a document stating why she was denied, but it said she was elgible for visa waiver of inelgibility and that they were working on it. 5 months have passed and the consular of the embassy called her asking her to send her passport to the U.S Embassy in Lisbon where she had her interview.
My question is if this was a sign that she was aproved?
Hi, I am from Pakistan and my brother is a US citizen. He submit I-130 Petition for me in sibling category. My petition is already approved and wait for the last 9 Years. Will trump make it harder to get a Visa?
Nothing so far would specifically impact a case like this. But the legislation proposed by Trump would remove the sibling category. That proposal is nowhere close to becoming law, however.
That’s possible – but the legislation is very early at this point. At this time there is no indication that it’s likely to go anywhere.
Khalil how Long did it take for your petition to get approved ?
My father us citizen petition for me on october 2013 F1 category ,still waiting for approval.!????
my papers are with NVC since 2nd of August and its already one month do you think its trump that is slowing it down
No, we haven’t seen any slow-down at the NVC… it has been slow for a long time.
Any idea why NVC is slow in processing time
My husband is in USA.(Green card holder).My self and my kids applied for visa filed I-130 form in the year 2016 Sep.Till now we didn’t get any reply from USCIS. This is pathetic.
Have you received a receipt notice?
Hi Sound immigration,
I’m an American citizen born in the US. Me an my wife have been married for 4 years and we have a child that also is is US citizen via CRBA, if I apply for an I-130 now are there any chances the application could be completed in less than 6 months at least from the USCIS side.
Hi, I am from Afghanistan. Has the Spousal visa processing time increased or impacted by Donald Trump?
Specifically Spousal visa from Afghanistan.
Hi, Omar. No, fortunately spousal visas really have not seen much change. Coming from Afghanistan, though, you’ll want to be very careful to do a proper job with the application. You’ll also want to be aware of the possibility of Admin Processing – more here.
I m pakistani . My father is US citizen now and he had applied for my greencard. I have got my US greencard for last 6 months.
I want to apply for fiance visa . Hes from libya. Is it possible to get him fiance visa ? How long does it take for the whole process. Kindly reply back
No – you need to be a US citizen to apply for a fiance visa. You’ll need to either naturalize first or else pursue a marriage-based strategy.
What is the probability of Admin Processing and how much additional time does it take ?
There’re are no general statistics available. If caught in admin processing it can easily be a year or more.
Fortunately no, not really.
Hello sound immigration I am a us citizen I was born here and I’ve been married to my husband for almost 5 years he came here illegally from Mexico and we’ve started the process of the petition do you thing with trumps new law it will be hard for him to get a approval or his residency my husband is going to English classes and I’m bi polar and suffer from sever depression disorder would those things help for his case or will this new law hurt our chances?
Fortunately we haven’t seen cases like this get any harder (generally) under Trump. In other words, they’re as hard as they’ve always been. It sounds like your family might need an I-601 waiver, in which case your mental health issues are very imporant (read more).
I am a Filipina recently married to American guy, He applied for my I-130 in July 2017. On 18th July I applied for B2 visa so I can visit my husband and take care of him since he has to undergo chemotherapy soon. My husband has a rare cancer, I dont even know how long he we will live together so I want to see him soon. Unfortunately, I used to worked in Muslim countries like Dubai, UAE and Tripoli, Libya so the Consulate Officer put my B2 application on further admin processing. How long it will take them to check in Washington my application and will it affect my I-130 application? I went to those countries to work, I am a professional I didn’t know I’ll be inlove and married an American guy. Please I need to be enlighten with this as my husband and I are both stressed and depressed of our situation not to mention about his medical condition. I will appreciate a lot your feedback, Thank you
Hi, Grace – Unfortunately administrative processing can take a year or more. Learn more here.
My fiancé is from Brazil (I am a US citizen) and we are planning to apply for the fiancé visa soon. Do you think we will have difficulty getting approved? About how long does this take to be approved (how long until he can enter the US)?
Fortunately fiancee visas are going along typical processing timelines. But you just want to be sure that you are legally entitled to apply for the visa and that you have done everything 100% right. If you want help, feel free to be in touch.
Thank you. I would love some help in this process. Should I direct my questions here, or is there a better way to contact you?
You can get started right here.
Hi I am a US Citizen and iam petitioning my fiancé from the Dominican Republic. My lawyer sent all my paper work but she claims that the check was sent back to her because they couldn’t understand one of the numbers on the check. if this is true how long will it take to be approved and can this delay the process.
I called immigration and was told they couldn’t find me in the system…
A case isn’t filed until the payment is received, so it’s not surprising that you are not in the system. USCIS certainly makes mistakes processing checks. All you can do is re-file it. You should get a receipt number within 10 days or so of filing.
Thank you so much for your response. The article you’ve sent me was usefull and I apologize for the outburst and disrespect. Just frustrated for knowing that their is nothing I can do for my mother right now.
Once again thank you.
Wow you guys deleted my comment. so much for “helping families”
Hi, Manuel ~
Nobody deleted your comment – it was just pending moderation over the holiday.
I recently apply for status adjustment. Do you no how long before I get my GC I already did finger printing bio processing time frame is
Hello sound immigration, my mother aplied for a b1/b2 visitor visa and had her interview at the US Embassy in Lisbon on september 2016 but she was put under admnistrative processing for not having court documents ( my mother was charged with wellfare fraud but due to the age of the charges it was purged for being over 20 years, and she had a greencard but she moved to Portugal and havent step foot in the USA for twelve years but in 2010 she came with no problem and she came in 2012 and no problem as well, but in 2016 she had a little problem entering the U.S.A by the emigration officers at the airport ort of Oakland ca, due to what i have mentioned above). So she was put under admnistrative processecing for months, untill we had a congress lady try seek out information of why it was taking too long, this was in April. we’ve got feedback that she wasn’t eligible for a B1/B2 visitors visa but they would help her to get to the United States through an Esta. So we waited a month or so to get back in contact with the congress lady (she was super nice, if I may) to see if she could help us get any answeres regarding to my mothers case and she told us that her case is currently in the Department of Homeland Security in Washington but when i go check the status of my mothers visa it still says administrative processing. My questions are if this is a normal procedure or should we be worried and will it take long for my mother to get an answer for her Esta. any information regarding this would be helpfull, thanks.
Hi, Manuel ~
It’s a bit unclear what’s going on in your mother’s case. It sounds like she is no longer pursuing a B-2 visa and switched to pursuing ESTA (which isn’t a visa at all). Regardless, if her case is in administrative processsing, there is often little that can be done. DOS loses control over the file as the security agencies perform their review. You can learn more here.
DEAR SOUND IMMIGRATION TEAM,
MY AUNTY (NO BLOOD RELATIONS) IS A US CITIZEN BASED IN TAMPA, FLORIDA FOR THE LAST 30+YEARS.SHE IS INVITING ME AND MY WIFE TO TAMPA .SHE WANTS ME & MY WIFE TO SETTLE IN TAMPA, IAM MUSLIM (MY AUNT IS ALSO A MUSLIM) FROM INDIA, IF I WISH TO SETTLE IN TAMPA (USA) WHICH TYPE OF VISA I WOULD BE ELIGIBLE FOR & CHANCES OF GETTING THE SAME.SHE IS LIKE A MOM TO ME & SHE WISHES I & MY WIFE SHOULD BE WITH HER AS A FAMILY MEMBERS,AS SHE IS AGED.WHAT TYPE OF VISA IAM ELIGIBLE FOR,IAM 31 AGE HAVE COMPLETED MY BACHELOR DEGREE FROM MUMBAI,INDIA.IAM ALSO THERE IN IN WILL.
THANKS IN ADVANCE
Hi, Irfanbhai: There’s no easy, blanket answer to this question without actually talking to you. It’s a bit like asking, “what should I study at university?” or “what jobs do I qualify for?” Well, to answer those questions we’d have to get to know you, since visa eligibility is every bit as fact-dependent as those scenarios.
I am a Costa Rican citizen, and would really like to visit the U.S. for tourism. However, with all the news going around my family members are discouraging me from applying. Is it really not a good time to even apply for the tourist visa??
Hi, David: We don’t see the current issues as a reason not to at least apply for a B-2 if you’re otherwise a good candidate.
DEAR SOUND IMMIGRATION TEAM,
MY AUNTY (NO BLOOD RELATIONS) IS A US CITIZEN BASED IN TAMPA, FLORIDA FOR THE LAST 30+YEARS.SHE IS INVITING ME AND MY FRIEND TO TAMPA .SHE WANTS ME & MY FRIEND TO SETTLE IN TAMPA, IAM MOSLEM FROM INDIA, IF I WISH TO SETTLE IN TAMPA (USA) WHICH TYPE OF VISA I WOULD BE ELIGIBLE FOR & CHANCES OF GETTING THE SAME
THANKS IN ADVANCE
Hi, Irfan: This is a completely fact-dependent question that depends on your circumstances. Your aunt would not be able to sponsor you through a family-based visa, so you would need another strategy.
Hi, Irfan: This is a completely fact-dependent question that depends on your circumstances. Your aunt would not be able to sponsor you through a family-based visa, so you would need another strategy.,,,,What will be the another strategy………Please advise & guide me
Thanks in Advance
I was born in the USA but live in Mexico with my husband and 2 children. My husband applied for a visitors visa last year but was told he needs to apply to be a resident. We live in Mexico and will continue living in Mexico. If he applied again now that trump is president will his chances be worse? How long should be wait to apply again?
We do anticipate visas across the board getting additional scrutiny under Trump – the same goes for inspections at ports of entry. Generally, folks should wait one year after a B-2 denial before re-applying. You may want to consider retaining an attorney to help you overcome presumptions of “immigrant intent” – that is, that he plans to relocate to the United States.
hi sir Madam. my wife us citizen visa dinied again august 2016 Feb 2017 uscis transfered local office I’m muslim from somali uscis they stop temporary ban or continue thanks
Hi, Ismail: We don’t yet have formal guidance on today’s executive order, but based on how the last one was handled there is a good chance that USCIS will continue processing cases.
Hi I’m from Ghana… My dad who is a US citizen filed a Form I-130 for me in October 2016 and I’m 18years old….we are currently still waiting for approval from the US embassy… Will trump being president stop my petition from being approved as I’m an immediate relative??
And I’m a Muslim.. And I think I’m still a child in the eyes of the law so will my petition be slowed down or stopped because I’m a Muslim??
Hi, Hedaya: Aside from today’s executive order, being Muslim should not result in denial of a petition.
Hi, Hedaya: There are currently no particular restrictions on citizens of Ghana.
My name is Elvis I am a Jamaican I come to the US when I was 11 years of age legal where I live until was deported in 2005 I was told m deportation time was 10yrs I been in Jamaica for 12 yrs my kids are born American citizens I am not hoping for permanent resident again I a am hoping to apply for a visitor visa so I can visit my kids and I would also want to know what step to take to go ahead.what is the step to be taken
Hi, Elvis: If you are no longer subject to your deportation ban then you could proceed with your B-2 application. But you may have a very tough time in light of the prior deportation order and that your children are residents here.
Hi – really frustrated here. I’m an American citizen by birth, married to an Indian national who’s worked in many different countries in Europe and the Middle East. We are at the final stage with the NVC – all documents have been submitted – and even this took some time because the NVC wasn’t sure what they needed and provided us incorrect information. Last document was received at NVC Jan 6, 2017. We were told at the time it would be 30 days processing. After the 30 days, we called and were advised it would be 6 weeks. At the end of the six weeks, we called and were advised NVC was told two days before that processing would be an additional two weeks – putting us at March 3. When we called today – we were told that it’s in final review – and that there is NO time limit. Is this something being done across the board? No reason, no explanation, nothing – I kind of feel like we are getting strung along. I just want to know if anyone else is experiencing something similar – if this is now standard…
Hi, Sadaf: Unfortunately this is just the NVC being the NVC. It’s notorious for this type of delay. So, in a sense, the good news is that this is likely just the sort of annoying hassle that many applicants have to deal with – nothing special to your case. Keep in contact with them as you have been. You can seek the assistance of your congressional representative if the delay gets worse.
I am would like to thank your advice however I am a k1 visa holder presently my daughter is a minor k2 I recieve my marriage however I would like to know the different forms I must get to file adjustment of status for both of us and the cost of the process please and what’s is required
My situation is also same . I 130 petition .
Submitted all documents to nvc and they recieved on January 9 2017 . They told me to wait for 8 weeks and after 8 weeks now nvc is telling us to wait for more 6 weeks .
Its really frustrating
Hi, my sister’s friend comes to US 3 times a year to visit his daughter for the past 12 years. He never had his visa denied. Last week for the first time, they denied the visa. She is concerned because she was coming to visit me next year. (They are Brazilian living in Brazil). Does it have to do it with the immigration reform? In the papers did not said why they denied.
Hi, Deisi: The U.S. consulate is required to provide a written explanation of why the visa application was denied, so you should contact the non-immigrant visa unit and request a denial letter if one was not provided.
Hello, (do hope all is well)
I am from the Caribbean (Trinidad & Tobago)
I am also a Muslim female and I have a son from a previous marriage.
My (ex husband, son father) is deceased.
I’ve known my (US Citizen) fiance since 3 years now, we were engaged in the 31st December 2016.
We want to apply for the K1 & K2 visa, but i am a bit scared because of the hype with Trump and the Muslim ban and just the thought of all this makes me sad and scared at the same time.
Is it ok for my fiance to go ahead and start with the k1 & K2 visa?
Will my son and I experience any difficulty or any kind of harsh treatment?
I am not sure of anything except i miss my fiance a lot and he is a huge part of our lives.
Any advice would be greatly appreciated.
lots of love
Hi, Nikitta: As a general matter, we can say that yes, it is possible Muslim visa applicants will face heightened screening. Indeed, applicants across the board will likely face heightened screening.
Hi, Is Trump going to eliminate F2B and F4 categories? i heard something about this with his immigration reform in the next weeks-months, Sen. Tom Cotton from Arkansas is the one with this idea and he talked about this in congress, giving priority only to skilled worers and only husbands or spouses and children under 21 ….. what can they do? are they allowed to make changes in visa bulletin ?
Hi, Alex: This hasn’t happened yet, but basically anything seems possible at the moment.
Hi, I have been married to a US citizen for almost 18 years (I’m from Malta, Europe). I actually lived in the US for 11 years, at which time I had a green card. 8 years ago, however, we moved to Malta and my green card expired. Before we left the US, I was eligible for citizenship but figured I’d apply when we returned — which we didn’t do. In 2009, we had a child. In 2016, we decided to return to the US, but we agreed that my husband would go first to pave the way and get a job. He has been there for a year and is finally able to support the move. We are now ready to reapply for the green card (as we were told we have to start the process from scratch again!). All the stuff I’ve been reading is a bit concerning. Is there a likelihood my application will take more than a year and can I be refused entry in the US? I had never even considered this possibility. We just want to be reunited again.
Hi, Natalie: Unfortunately that is true – you will have to go through the I-130 –> DS-260 process. We anticipate that heightened security measures will make processes take longer than they have been in the past. But all we can do is get things started, and do everything right from the beginning. You can get an overview of the process here and we created a new inforgraphic here.
Hello im an undocumented from mexico city with record pf driving whitout license. I bee married for almost 4 years 2 my wife us citizen. And have 3 kids and recently appli for petition i 130. With trump as a president now. Will it b harder 2 get it a proved? How long does it take 2 hear back from immigration about my petition? Thank u !
Hi, Oscar: From the post it’s not clear if you are consular processing or adjusting. Adjustment takes about 6-8 months at the moment. All criminal matters are taken very seriously right now, but driving without a license by itself would not normally prevent adjustment.
Consular processing.i think is what it is. Bc i have 2 go 2 ciudad juarez when this papers get a proved and a waiver. Does consular takes longer ?
Mine is Substitution Labor and changed 2 Jobs after sponsoring company filed my I-485 in Oct 2007. I am working in EAD and current employer filed AC21 2 years ago and had no query’s . will there be any issue for my I-485 process when priority date becomes current due to my substitution labor and changing job. Thanks for your response.
I lost my green card within the US. When I apply for a replacement, can I be stalled indefinitely given the current situation and is it possible my replacement is denied. My GC is valid until 2020. Pls advise.
Hi, Ann: No, it’s unlikely your I-90 would just be stalled forever. Have you considered just applying for citizenship?
Is there any indication of Morocco becoming a country of concern for trump and getting added to the banned list? I have a holiday planned there for May and am concerned that a trip to any problem countries could affect future trips to the US…
Hi, Neil: I’d say the future could hold just about anything. But we don’t have a specific reason to be worried about Morocco. Given the highly uncertain situation we’ve been advising our clients to avoid unnecessary foreign travel until they are citizens.
I applied B1/B2 last Feb 5 and it was approved and VO took my passport. However, its been 2 weeks but I haven’t receive my passport and visa. Doesn’t being a resident in a Muslim country affects the my visa processing even I am not a National here?
Hi, Mulan: The Travel Ban is no longer in effect, so even citizens of those countries should not be denied visas, unless there is a separate basis for denial.
Im a citizen , married for 7 years husband doesnt have green card . Want to apply now , he is also my care provider as i am a veteran. Husband came to country on visa in 2002 . I was deployed he over stayed visa. Is he in jepordy of deportation an if not what type of paperwork do i file.
Hi, Denise: First of all, thank you very much for your service.
As long as your husband entered the US lawfully, he may still be eligible to seek adjustment of status (a marriage-based green card) even though he overstayed the visa. For a description of the process read here. If you’d like help with the process we’re happy to work with you. We always offer active duty personnel a 10% discount, and we’re happy to extend that to you.
If bringing my fiance to America on her tourist visa and getting married via the 60-90 rule and then applying for status change. How do you believe this process will be impacted.
Hi, Oscar: Under current USCIS guidelines, adjustment applications are not supposed to be impacted by the executive orders.
My husband us citizen and i am Iraqi citizen, we are at the final stage with NVC which approved our case and waiting interview overseas, what will happen to our case? my husband want to go back to his home usa, so what will happen to me?
Hi, Zara: Currently Iraqis are able to continue with their applications. But we may see additional restrictions as early as next week.
Hi i applied for the status change and I got my job & travel permission.
I have to travel abroad, do you think I could have problems when entering again?
Hi, Marie: The travel ban has currently been lifted by a federal court, though that could change as early as this afternoon.
Hi im an indian citizen, my grandparents are American citizens they have applied a F3 based petition for my family and it’s been 5 years now. I just want to know if Trump deports illegal people from usa will it help legal people like us. I mean processing rate of priority dates is it likely to get faster???
Hi, I am a US citizen and my Fiance is from Pakistan, I filed a I-129F petition and they received my application on January 3 and sent me the I-797 receipt on January 17. I am very worried that the new laws could it impact our procedure. Do you think our procedure will just take a bit longer. Will we be able to get a visa by end of this year?
Pakistan is not currently directly impacted, but yes, there is a good chance that screening would be time-consuming. If the I-129F was filed January 3rd you have a rasonable shot at having the process completed by the end of the year, though certainly not guaranteed.
Are there any major changes to the process of petitioning for my husband who is from Honduras but in this country undocumented? Never deported, no criminal record whatsoever. Is he now more likelyto be subject to deportation?
Hi, Marie: Your case should not be directly impacted by the executive orders.
Hi. Am a Nigeria living in Nigeria but my wife is a green card holder and she lives in US, she file form l 130 for me since December last year and she received acknowledgement 2 weeks later. What is my stand with the executive order on immigration, I mean the possibility of joining my wife in US. Please kindly update me. Thank you
Hi, George: Nigerian nationals are not subject to the ban, so your case should progress as per normal.
I’m a US citizen and my fiancé is German. We live in Germany but we’re flying to the US in a couple of weeks to get married at a small ceremony on New York. When we return to Germany, we plan on sending the application for a foreign spouse that week. Do you think we can expect serious delays in processing time/outright rejections/etc.? Thank you for any insights; this article and organization is so helpful and such a wonderful resource for citizens of the world!
Hi, Kimberly: Thanks for the kind words. Please note that you could face challenges entering the U.S. given your relationship to a U.S. citizen. More on that here (we know that you haven’t yet filed that I-130, but the same considerations apply as are discussed in this article).
Unless you are from one of the 7 banned countries you should not have your petition denied as a result of the Executive Orders. But additional delays from screening procedures is a real possibility. Let us know if you want help – we work with clients all over the world.
Hello im an American. My husband is Syrian and he hasn’t seen his family or syria in 5years. We currently live in Qatar and filed an i-130 2 years ago. We got everything approved were just waiting on the interview. With Trumps new order how exactly does this affect us? I tired calling the NVC and no answer just automatic messages. So will I be able to go back home to see family? Because we are muslim. Thank you
Hi, Sarah: Currently available information suggests he will not be approved until the current policy is lifted. As a US citizen you are free to return to the US, but unfortunately your husband’s DS-260 will not get approved under the current order.
My fiancee is a Canadian Citizen and we are currently in process of bringing her over to the US. I got notice a couple of weeks ago that our I-129F was received (December 20th per the website) for processing. We currently have a wedding scheduled for early December and while there is nothing yet restricting fiancee visas, I’m concerned that all of these orders Trump is passing could slow our processing time down. Do you think we are in danger of things slowing down and not receiving the final visa in time for our wedding, or is there any chance Trump could pass something restricting fiancee visas?
Hi, Charles: Is she from one of the 7 banned countries? If not, current policies should not prohibit approval of the case. With that said, yes, it is possible that the Administration could impose restrictions (or even a ban) on fiancee cases. That was one issue discussed in the campaign. All you can do is move forward at this point.
Thank you for the reply and help. To respond to the above, she is from Canada, so certainly not a banned country. My concern though is that the ban will expand to other cases of immigration. We are currently waiting for USCIS to complete our application and transfer to the consulate and then get an interview scheduled, and we have a wedding booked for early December. I am hopeful that no further restrictions are imposed and that the process doesn’t get held up; this is all very concerning.
Thank you again for the help.
hi, thank you for taking the time to answer our questions. I am in the process of bringing over my wife who is a Philippine citizen. She is a overseas worker who works in Qatar. The process supposedly has been forwarded to the consulate or embassy there in Qatar. Since Qatar is a Muslim country will this affect the process, even though they are not on the list yet? She is a citizen of the Philippines but just works in Qatar.
P.S. WE ARE WAITING ON INTERVIEW DATE.
Hi, Robert: No a Philippine national living Qatar should not be immediately impacted by the Executive Orders. Monitor the Consulate’s website to stay posted about updates, because things are literally changing by the hour. We don’t know what other processing guidance consulates may get.
I Just Became a US Citizen and i was born in Pakistan, i am planning to apply for my mothers immigration i-130 and she is in Pakistan. . Do you think Trump Executive Order can effect my mothers case ?
Should i file for her right now without any delay or should i wait for a few weeks until everything hopefully calms down ?
Thank you so much in Adavance
Hi, Maliha: Pakistan could potentially be added to the list of banned countries. But at the moment that would not be a reason to hold off on the I-130. You may as well get it filed, we all cross our fingers, and hopefully the petition proceeds as normal.
hi i m from pakistan and my wife is us citizen we applied for a k1 we got noa 1 at 31 december i m very worried that new law could it impact us procedure please reply asap
Are you saying that you received a notice of approval on 31 December? We have heard reports that Pakistani news media are saying that the ban will be expanded to that country. Right not there is no statement from the White House supporting that. But if you do have the approved K-1, we would waste no time in getting to the US and filing for adjustment.
I have heard some people who turn 21 before visa was issued get their preferential category(f2a)expired in my country(Ethiopia),doesn’t cspa apply in Ethiopia?did trump change that?
Hi, Michael: There is no change to preference category processing.
I am a canadian citizen who came here on a B1 visa for medical rotations. I was in a relationship with a US citizen and we recently got engaged while I was here legally. My visa expires in Feb, and we wanted to get married after Feb. Would I be subject to deportation if I overstay even though I got engaged? Would my overstay be forgiven because I’m getting married?
Hi, Ash: Please take a look at this post.
Hi I’m not muslim nor have a muslim name but I’m from the caribbean and currently in the US on a tourist visa. My boyfriend is an american citizen and we plan on getting married in a few weeks and apply for adjustment of status so we can stay together here. My concern is, would our petition be approved under the Trump Admin? Will our chances increase if we get married before my time is up to leave the country? The thing is, we don’t want to be apart so that’s why we decided to get married while I visited here. We’ve known each other for 5 years and were good friends but upon my visit we just fell in love and don’t want to be apart. I feel so stressed and overwhelmed about the situation ever since trump won the elections.
P.S: Please respond.Thank you.
Hi, Kay: Trump administration aside, you should talk to an attorney and get straight about what strategy you want to pursue. You could potentially do a K-1, consular I-130 or adjustment. If those terms aren’t familiar you *definitely* need to talk to an attorney.
Based on what you describe here, Trump Executive Orders likely won’t impact you. But you still need to get organized about doing this right.
My mum who is US Green card holder filed a I-130 petition for me back in 2010. It was approved my USCIS April 2014. My case is currently at the NVC and likely be current in a couple of months. I have already paid for the visa application and AOS and will be submitting civil documents next week. Will trumps new laws Affect my case? I am a Gambian citizen and a Muslim
Hi, Amy: Gambia isn’t specifically impacted, but we would anticipate time-consuming security screening.
What was is your visa category Amy ?
Assalamu alaikum, Amy: Gambia isn’t currently one of the impacted countries. We are concerned that the Administration may expand the ban against other countries and possibly Muslims in general. You should be very close to your interview, though. Go full speed ahead, peace to you, and we hope to see you in the USA soon!
we leave in egypt, chistian if this would make “a different after P.trump’s rules”, my father and mother are us citizens since 2006 who now have the American nationality and we applied for a family sponsored visa since 2009, and currently we are under F3, and waiting our priority date, my question is:
1 -could our priority dates be affected ? either negative or positive ?
2- could our immigration banned ?
Hi, Sandy: No, priority dates should not be impacted. If Egypt is the only country of citizenship, there should be no immediate consequence from the Executive Orders. But screening times will likely increase.
what do you mean by ” if Egypt is the only county of citizenship”?
Hi, I am got married in USA and i am a Syrian Nationality, and my I130 is approved on January 2017 and its approved for my kids as well and they are minor kids, will this effect my kids for issuing them a visa to enter to USA, as my kids is outside USA and they are living in UAE
Hi, Mike: Sadly, they will likely be unable to complete the process under the current policy. We’re very sorry.
How will the new policies impact priority dates? If some applicants are now banned, that should mean process should move faster than usual, right? On the other hand it’s the middle of FY17… I’m from Spain applying for LPR status under F2A, my LPR spouse is from the Philippines.
As of today none of these policies should negatively impact priority date progression.
Does extreme vetting apply to all visa categories ? And is it going to be applicable to citizens of countries not in the list as well ? How about dv winners processing through countries that are not affected ? Will there be any delays ?
Thank you for ur support.
I am a u.s citizen, and have applied for my husband immigration, he is in Pakistan. His case is at NVC so we are at the last step. would he be able to get the visa? or would it take any further delay because I was expecting the interview sooner. please help me I am so depressed.
God bless you
thanks in advance
Pakistan is subject to the ban (though it might be later). He should still be able to move forward with the process, though security screening could be time-consuming.
Hello quick question got married in December of 2016 and already sent over I130 and i am not from one of those restricted countries they on Mr Trump list actually from Europe is that going to affect us/me with further paperwork usually takes about 4-6 months prior of new laws
Hi, Alen: Not sure we’re completely understanding, but European applicants are not directly impacted at this point in time.
Hi. My name is Dina and I am a female US Citizen and born in the US, i’ve applied for fiance Visa USCIS and it got approved in October 27. My fiance is from my origin country, Yemen. He lives and resides in Malaysia. He had done his interview and he got approved. So he’s currently waiting for visa. Can he still come in?
Diana, unfortunately for now it looks like he will not be able to complete the process.
I plan to marry my Mexican fiance in april of 2017. Then apply for a i130 visa. Will we be affected, and if so, should we marry sooner? Thanks for you expert advice
Hi, Jason: Lawyer up. It’s likely to be a wild ride.
You may want to consider filing an I-129F yesterday and getting this started as a K-1. More.
Plz Plz Plz help me
I married last year. My husband and I are iranian. He is green card holder and two months ago attended in citizenship exam and interview. Now waiting for his citizenship process. Our marriage case is in Nvc at last step, means waiting for interview date.
What happen now? Does Mr case stop? Will I wait more and more?
Hi, Masi: Unfortuantely, if you are still in Iran the case will probably not progress to interview until the policy changes.
Is it possible that this policy continue untill trump is president? even for marriage visa???
I’m a US citizen and i have finished my wives paperwork for her visa. She even did her interview but we were told we need a new sponsor. We are in the middle of submitting the i864 document again for the new sponsor. Will her case still finish up or will she be stopped from getting a visa?
Hi, Alan: Is she from Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen?
no she is not she is from balkan bosnia and herzegovina, the population is mixed just like her in usa
She’s from Kurdistan region of Iraq. As Sulaimaniyah city.
I’m Syrian national, my wife and my daughter are American citizens. My petition has been approved in March 2016 and called for the embassy interview in UAE but I have postpone the interview as I’m working now in UAE (temporarily, 18 months contract). If Trump’s order will affect my status how I can see my family? shall I bring my family to Syria which is very dangerous?
Hi, Maher: Syrians will not be able to complete the immigration process until the policy changes.
I am a US citizen living in USA for over 15 years. I am trying to bring my wife to America to live with me. My I-130 visa was approved and I am now final stages of NVC. , I have so far answered everything they have asked me and the only thing i am waiting is finger print records. Once finger print clears, they will send my case to local embassy where my wife lives for inerview. I am originally from Somalia, how does recent Trump news affect my case? Thank you
Hi, Mohamamed: Sadly, she will likely be unable to complete the process until the policy changes.
Thanks for helpful blogs. With the contents of the executive order on ban of Visa issuance for select countries made public, could you please comment on whether and how it affects adjustment of status applicants from the terror-prone countries living in the United States?
Hi, I’m American citizen originally from Somalia, I was planning to apply I-30 for my Mother, who is in Djibouti right now, but she is Somali national . will this new executive order effect my case?
Hi, Abdi: Yes – the case will likely not be approved until the policy changes.
I am a US citizen. My fiancee is an Iraqi citizen. I submitted a fiancee visa Aug 2016. it was approved by USCIS and NVC and was sent to the US embassy in Jordan. The VISA appointment at the US embassy is 03/26. Will I be affected? She is Christian will that help?
Hi, Rami: Yes, we anticipate that Iraqis will be unable to complete any immigration process until the policy changes.
Hello. My boyfriend is illegal from Honduras we are about to have a baby and we want to get married. The only thing holding me back is that I am in the middle of filing for bankruptcy right now. Everything will be filed in the first week of February and the process can last up to 4 months. My question is should I get married right now or wait the 4 months?do you think the law will change in the next 4 months for him to be able to obtain a visa by marriage?
Hi, Adriana: It’s unlikely that congress will pass new laws impacting marriage-based cases. You should talk to an attorney as you could have problems qualifying as the I-864 sponsor.
Hello and thanks for you time to read and answer our questions.
I am an Iranian living in Canada. I am a scientist and my Eb2-NIW (form I140) petition has been recently approved. I have just started the NVC visa process (one week before the recent changes). I know that I don’t have any chance to get my visa for the moment, and it is very likely that I will never have the chance. I was wondering if the visa ban becomes officially in effect, I will be refunded by NVC for the visa fees I have already paid? Thanks
Hi, Cyrus: No, filing fees are virtually never returned.
I am originally from Syria, I live now in Lebanon on a Student visa, I am not a refugee, I graduated and serving in a local church as Associate pastor. My wife is originally from Iraq lives in the USA on a permanent resident. She applied for me for I 130 on July 2015, was approved couple of months later by the USCIS, and after a year the NVC requested my documents of supports and civil documents as well as the DS260. NVC received them on the 27th of September 2016. Yesterday my wife called them and they said that my document is in the review department, and hasn’t been completed yet.
Does the new decision of the new president Donald Trump cancel all my case, or what exactly will I face?
Hi, Essam: Sadly, one Executive Order (here) will temporarily end immigration from Syrian nationals. It is likely you will not be able to complete the process, based on what we’re seeing today, unless/until the ban is lifted.
Hello Sound Immigration,
I am Syrian lives in Lebanon for the past 6 years. I am not a refugee, I am in Lebanon on a student visa, graduated as church pastor. Have been 2 and half years serving as associate pastor in a local church. My wife is from Iraq and she lives in the states for the past 3 and half year on a green card. She applied for me for I 130, it was approved from the USCIS in 2015, and NVC received all our civil, financial, and supports document on the 27th of September 2016, and yesterday my wife called them and they said the documents are still under review, in the department review. I have been thee times to the USA, and when we got married it was in the USA.
How much would I be effected by the president Trumps new ban?
Thanks in advance.
Hi, Saam: Sadly, as with Essam (below) you could be unable to proceed. Syria is on the list of countries whose nationals will be barred from receiving visas, at least in the foreseeable future. It s unclear when such individuals will be able to move forward. Note that the Executive Order has not been signed yet. We will update when we know more.
My name is Shawn my fiancee file a i129f for me and it was approve process n my visa was issued am now in America about to be married following he 90days process time to married then apply for adjustment of status to a permanent resident will I be affected
Hi, Shawn: Based on current guidelines we would not expect you to be negatively impacted by the executive orders. Please be careful and dot all your “i”s.
My mom, applied for my brother in October, 2010 (F2B category). After doing the needful, the case was completed on May, 2016. NVC sent us a letter saying the case is on waiting for an interview date now. In February 2017, the priority date will be July 2010. My brother’s priority date is on October 2010 which is really close to become current.
He is from Bangladesh, mostly considered as a Muslim country and he is a Muslim. Is Trump’s actions will affect his case? The case is completed and almost at the end of the processing. So, Is Trump’s actions against Muslim and immigration will make it harder for my brother to get a visa?
Hi, Moudud: Bangladesh isn’t one of the countries on the draft announcements we have seen. But it is still possible Trump will announce actions against Muslim applicants. We haven’t seen any particulars yet, however. All we can do at this point is move forward until – if ever – the rules change.
Is it likely that family visas will increase for other countries due to the temporary stopped on processing visas for the 7 countries? Or it will be the same movement as we had before?
You guys are AMAZING and a big source for citizens like us. Thank you so much for your help.
& PLEASE give some idea How long did your brother’s petition took to get approved at USICS ?
Hi, I am an Afghan citizen and my SIV case is under Administrative process. Would Trump policies affect the process and what would be the future of SIV?
Hi, Mohammad: Yes, there’s a good chance you’ll be facing even tougher (longer) security screenings. And yes, we know they’re already far, far too long for SIV applicants.
I am a U.S. citizen and my husband is from Afghanistan. We applied August of 2016, got approved April 2017 and after NVC the interview was November of 2017. My husband got a yellow card asking for my 2016 tax transcript and the DS-5535 form. We submitted both within 72 hours, they kept his passport and even called him on his way home asking him to submit the papers asap. We are still waiting for the visa. We contacted the congressional representative in our state who was able to find out that our sponsor part and tax transcript was fine a few months ago. I guess what I want to ask is can this administrative processing take years, like 4-5. I mean I know it can take as long as they want but are we looking at that long of a time since it is a Muslim-majority country? Is there anything we can do?
Farishta, so sorry to hear about the delay. Check out this post to understand more about administrative processing. If the case is truly in administrative processing then there may be no way to speed it up, as this often depends on a law enforcement investigation. The fact it is a Muslim majority country does not mean he is subject to the “travel ban.” But virtually all of the inquiries we get about administrative processing are from Muslim majority countries, and this “coincidence” does not escape us.
Hi, im from costa rica and I want to apply for the visa in may to travel to USA, how hard will it be for me to get the visa?
Hi, Xiomara: The recent announcements shouldn’t immediately impact a B-2 tourist visa application from Central America.
Is it possible for trump to have effect on spousal immigration without approval from congress. I want to file my application, married to a citizen and living in the u.s, i’m still within status, i just want to know the right step to take.
Hi, Chinedu: Yes, it’s absolutely possible for him to change that process. We are currently reviewing a draft Executive Order, leaked by a government agency, that would increase the standard for showing financial self-sufficiency. If you’re planning to proceed, get started immediately. It’s hard to see that anything will improve for anyone – all signs point to things getting only worse.
Let us know if you need help. But regardless of who you work with, get a serious firm involved and get it done right.
Me and my wife applied for green Card back in August. Our Petition for Alien Relative (form I-130) was been approved by USCIS, and we submitted all of the documentation, Affidavit of Support and DS-260 form two week ago.Our immigration lawyer expects the documents to be reviewed in 1.5 months from now. I am a citizen of Kazakhstan, do you think that my chances of getting the green card are hindered with Trump’s administration, and how long do you think it will take to finish up the process?
Hi, Sam: We always refer folks to their own lawyer – if you are paying for a lawyer they should be giving you advice. That’s what we do for our clients.
But that being said, Kazakhstan is not on the list of countries currently being singled out for negative treatment.
I am a USA born and raised citizen. I just got married to my wife Libyan passport holder(sept 2016) and she is in the USA under asylum status. We have done all the paper work through a lawyer, and now just waiting for the 6 month period for the appointment. WIll trump effect my wife getting her green card or current status in USA?
Hi, Mark: We always refer folks to their own lawyer – if you are paying for a lawyer they should be giving you advice.
It is quite possible the CIS will subject Libyan nationals to increased security screening. That could substantially delay case approval. Hopefully you’ve already applied for the temporary EAD (which is free to adjustment applicants). It should be issued 90 days after application, though it often takes 120.
I am from Iran, and I have a pending adjustment of status (I485) case with USCIS. I currently reside in the US, and my EAD is set to expire soon. I have applied for EAD renewal, but have not heard back yet. How will Trump’s executive actions affect my pending AOS? How will it affect my pending EAD renewal?
Hi, Ab: Wow, there are a lot of smart Iranians in the US. As with our recent response this morning to other similar questions, we don’t believe it’s likely that employment-based adjustment applicants will be targeted. But check back when the actual announcement is made later today. https://www.soundimmigration.com/trump.
Thanks for your reply. With the draft of the executive order made available by the media (http://www.huffingtonpost.com/entry/read-draft-text-trump-executive-order-muslim-entry_us_5888fe00e4b0024605fd591d), could you please comment on whether and how it affects visa/status adjustment applicants from the terror-prone countries living in the United States?
I’ve been married to Iranian girl for 2 years. she had her interview on 28 of June 2016 in Ankara, they needed Co-sponsor docs which we sent. our case has been under administrative processing for 7 months now. What will happen to our case after trump’s executive order? Will Ankara stop our case and her visa?
Hi, Darmon: Unfortunately it’s likely Ankara no longer even has the case file. “Administrative processing” generally refers to special security screenings. These are typically referred to third-party national security organizations. When this happens, the consulate loses control of the visa file. The consulate keeps control only if it’s a local investigation. And unfortunately, yes, there is definitely a chance that Trump’s “extreme vetting” announcement could entail longer security checks in a case like this.
sir Madam I’m from uganda my wife us citizenship I was married 2014 my proces was dinied 2016 June the reason raleshionship than she can apply again august 2016 how long will take
Hi, Ismail: We would definitely need to review your denial letter to determine what happened. But if concerns about the validity of your relationship caused the visa to be denied – and you’re still married – yes, there is a good chance you could move forward again. The timeline depends on whether you’re in or outside of the US.
I am from Nepal and a DV lottery winner. MY case number is 55**. I was thinking of applying for AoS from within the US. But, after Trumps victory do you think the processing time for USCIS or specifically DV Lottery winners will be longer ? What if I process through the consulate in my country ? Do you think I will have to face delays due to additional security screenings? My number does not go current until July, do you think I will be able to finish the processing before Sept 30th ?
Hi, Roman: If you are in the US then – all things being equal – I would recommend exploring adjustment of status rather than consular processing. Security screenings are most likely at consulates, though Nepal is not especially a country of concern. It sounds to me like you might be abroad currently, in which case you’ll have to consular process.
I am currently in US, but looks like AoS will take longer to complete and I might miss the opportunity of getting the GC. I have a slightly higher case number of around AS55**. Do you think AoS might take longer and USCIS time will be affected due to Trumps victory ? Do you think switching to consular processing will take time ? Also, since I was already in US, do you think there will be additional security screenings ?
My husband is on a IR1-visa and he completed his interview at the embassy and we are now in administrative processing. My husband is from Iran and President Trump has said he wants to ban certain nationalities from entering the U.S., including Iranians. Will our visa case be affected, even though we are waiting for administrative processing?
Hi, Kristen: Unfortunately, that’s a real possibility. Administrative processing is generally for a security-related concern. We’re waiting for today’s announcement, but will update everyone with a post once we know more. Check back here. We don’t yet know how Iranian applicants will be impacted.
Hi, my b1/b2 visa (which I used just once) expires February 2017, i intend to apply for same before summer this year. How will recent changes in immigration policy affect my chances of receiving same visa?
Hi, Jake: We don’t think it’s very likely that a B renewal will be impacted, unless you come from a terror-prone country.
Hello im from england and i have a 10 year b2 tourist visa which i was given nearly 2 years ago , i had to apply for a b2 because i was not eligable for a esta as i got myself into trouble a few times in my teenage years , just curiouse if president trump will take the visa off me , i went to new york in september 2015 i and ive booked and payed for a holiday to california with my girlfriend and son for 10 days in march . Do you think i will be ok or have i wasted my money maybe . Thankyou
Hi, Matthew: No, it’s very unlikely the visa would be retracted. That’s theoretically possible, but we would be surprised.
Thankyou for the quick reply , i hope it all works out for others as a lot of people seem concerned at the moment , the worlds gone mad
Is there any indication of Trumps policy in regards to non immigrant waiver of in admissibility applications? I current have a b1/b2 visa with a waiver that expires next month..I applied for a new one in December as I need this for work business travel, am I likely to be granted a second one?
Hi, Neil: We’ve seen nothing specific on this. The anticipated crack-downs will relate to security. So if this was for a visa overstay issue, or something like that, we don’t have any specific reason to think such waivers would be tougher to get. But hang in for more news – we’re monitoring the situation every day.
My mom was denied for a tourist visa back in 1997 thinking she might not come back. I filed a petition as USC parent. Just sent all documents needed to NVC a week ago. We disclosed it on her D-260 application form. Will she have any problems getting a visa? Thank you in advance.
Bert: If you’re asking whether the prior B-2 denial will hurt her immigrant visa application, that’s hard to say. We’d need to know why it was denied. Often B-2s are denied because the consulate thinks the person is intending ti immigrate. That wouldn’t be a reason to deny the current visa.
Hi, my dad ( a permanent resident) petitioned for me to get my visa (I’m 16) and it was approved, were just waiting for the priority date to became current; will trump coming into office affect me getting my visa?
Hi, Steph: Short, answer, no. Progression of those dates is set by visa numbers created by Congress.
How long does fiancée visa process takes since the petitioner applied for it?
How often in a year I can travel on my turist visa? I stayed almost 6 months last time and I want to have a trip again but I don’t know after how long time it would be ok to back? Thank you!
Hi im an indian citizen, my grandparents are American citizens they have applied a F3 based petition for my family and it’s been 5 years now. I just want to know how long will it take to get me my visa.
Hi, Robin: Unfortunately there is no fool-proof way to predict progression of priority dates.
Hi, I went to visit USA. I had to stay few weeks but I changed my plans and I stayed for 6 months last time and I am planning to come back again after 3 months, for visiting. Do you think it’s gonna be a problem at the border because it looks like I am often traveling and I stayed a long time on my last visit?
Hi, Anna: Yes, this is potentially a problem. Check out our recent post on immigrant intent.
Hi, I have few questions. I ve been to USA on a turist visa for almost 6 months, I am planning to come back for visiting after 4-5 months. And also after I get there after 3 months maybe get married with my bf. Is there any possibility that this is going to work bad during applying to residence? Thank you!
Hi, Apple: It is critical that you plan in advance if you are considering marrying a US citizen. You cannot simply enter on a tourist visa and then seek residency – under some circumstances that can constitute fraud. Read more here.
I am an over 21 US born citizen and petitioned for both of my parent I-130 for both have been approved and the I-864 for one parent was received and correction were asked and the I-864 for the other parent was sent later and haven’t heard back will new laws and government slow down the process and toss out the case?
Hi, Jia: No, the government can’t just throw out the cases. If there are errors in the forms that can of course cause substantial delays. But Trump’s election will not cause the applications to simply be rejected.
My I 130 was approved in July . But NVC replied me saying my visa in ineligible for now due to numerical limitation and still the thing is same.
It has been a long time.what should I do? How long it might take. I am really worried about it!even in visa bulletin the data shows 22 nov 015 for long time.please help me !
Hi, Bharat: It sounds like you must have a family preference category petition. There are only limited visas available each year for each category. Unfortunately, there is no way to speed up the progression of visa number availability, and no certain way to predict when one will become available in your case. Some preference categories can take 20 years or more to become current.
I have done the CSPA age calculation carefully for my niece whose age is >26 but CSPA age on 12/1/16 (date when her priority date became current) was 21 years and 20 days. So she likely missed the CSPA age mark by 20 days. After writing to NVC a few times they did issue a visa application payment receipt (which we paid) but I’m curious of her chances to receive an approval at the consulate (Pakistan) when she goes for the interview with her parents and brother.
Hi, Basit: We can’t review CSPA eligibility in this public forum. But the consular finding on CSPA eligibility should be the same in February as it is today.
But that’s not the problem. The problem will be security checks. Those could get vastly more rigorous and time consuming. But all you can do is carry forward is the most timely manner possible.
i’m from pakistan. my wife is us citizen. i’m done with my interview in OCT 2016 at embassy. and i was asked for a joint sponsor. now i’m gona send my papers to embasyy. can trump effect my case or any delays at this stage ?
Hi, Zee: Yes, it is possible the cases from Pakistan could be delayed. And it’s within the realm of possibility that visas from Pakistan could be altogether stopped. You should immediately provide the joint sponsor I-864 to the Consulate.
hello there, i want to get some authentic information regarding spouse visas in US.iam pakistani. my fiane is LPR in USA since october 2016 and we are getting married in january 2017. after that he will apply for my spouse visa case. is there any possibility that the laws will change and visa proess will be delayed more than current 2 years? iam really worried about it. kindly give me some authentic news.
Hi, Kiran: Yes, unfortunately there is a possibility that the process will take longer for Pakistani nationals due to increased security screening. There is also some chance that immigration could be temporarily halted from Pakistan. Right now it is pure speculation about what the new administration will do.
Please I heard they have stopped issuing fiancé visas I don’t know how true it is because I have my fiancé in Africa
Hi, Dorothy: No, fiancé(e) visas are still being issued. But there is a chance that the Trump administration will end visa issuance in “terrorism-prone countries.”
Hello. I have a green card and have to renew on 2019. Should I worry about new government don’t renew my green card? I don’t have any criminal record, legally got green card, and no Muslim. I’ve living here 11 years and two sons and American citizen husband. I just really worry about they will just say no because I’m not white. Thank you
Hi, Puchi: Is there a reason you don’t want to just apply for citizenship? (Since Puchi is a Hindi name, maybe you’re an Indian national and don’t want to lose Indian citizenship). But no, from what you say here there is no reason to worry about lose of your LPR status.
Do u think would there be any changes or issues for i 601 in next 2 to 3 years cuZ I have to apply for it 601 after I get my i 130 current
Hi, Nauman: We have been getting this question a lot. For now, we have not specific indicator that the I-601 or I-601A programs will be altered in any way. But we also have no assurance that they won’t change. We’re basically in wait-and-see mode. But again, the good news is that there is no specific indication that the program will change.
Hi, I’ve been with my girl for 3 years now. She lives in Mexico. I’m a US Citizen. I am 100% sure I want to marry her. Do you recommend I begin the process ASAP so she can be here with me? I am aware that Trump can delay the visa process but I want to be optimistic and push forth this process.
Hi, Salvador: Our advice to most people is that there’s nothing to be gained by waiting, and things are generally only going to get worse. So yes, I would get individualized advice from a good attorney to ensure there aren’t any case-specific issues, then move forward ASAP.
My mom applied for family visa for brother, he is doing the medicals in January and has the interview date in late January 2017 at embassy in Nairobi Kenya . My mom waited for this visa for a long time. She is now afraid that the visa process could be stopped when the new president comes in. She has paid a lot of money for the ds 260 through the state department went through all the process at NVC. She is really worried that things could fall apart at the last hurdle. Is there any legislation that could affect this stage of the process. Thanks.
Hi, Nur: No legislation is in the works yet. But Trump could increase security screening without legislation.
What if me and my boyfriend already filed our case before even trump won, do you think we’ll be affected with his presidency… Coz we already received a mail that it was sent to the NVC and we had to wait 2-4 weeks, and its already been a month but nothing yet.
Hi, Monica: You could still have a significant wait before your interview. And it is possible that Trump will implement policies – and these wouldn’t need the assistance of congress – that would delay visa issuance. Those policies could include increased security screening. All you can do at this point is do a very careful job of proceeding with your case. Trump or no Trump, lots of people mess up at the National Visa Center.
Hi, thank you tho! Me and my boyfriend already got our mail from the NVC approving our case and had been sent to the US Embassy in the philippines. I just got to do a medical and set up an appointment for visa interview :). Wish me luck!
Good luck! Make sure to show up early for the medical exam in Manila – the line there can be unbelievably long.
I have a toddler son with my fiance. We are getting married with the next few months. My fiance did not enter the country legally. Crossed the Canada border after going to Canada with a visa. I understand I will have to file something called 601A? Is this a law that may be changed when President Elect Trump takes office?
Hi, Dory: The I-601 program can’t be taken away immediately. And in any event, we don’t see signs that it is likely to be on the chopping block.
Thank you for responding to my question. I am looking for a great lawyer that can take my case. This is all too scary for families like mine.
We’re happy to talk with you if you’d like help. We work with clients all over the country, and consultations can be set up here.
Hello sir iam in f2A immigrant category my visa was issued On 27-oct-2016 in ceac website but i didn’t receive my passport or my immigrant sealed packet its been 3 weeks now since visa issuance i don’t know the reason for delay maybe because of the elections or something else ??!
Please help and thanks
Hi, Osama: Trump’s election isn’t currently impacting procedures at the Department of State. But – at least for most consulates – that’s longer than normal if your visa has been approved. I’d recommend contacting the immigrant visa section of the consulate.
My husband is adjusting status after overstaying a visit visa. He currently has the EAD that is given while the adjustment is pending interview. Should we be worried that any change to immigration policy may affect us despite being in process already? Basically, could any harsh changes be grandfathered back to all of us who are pending or would it not impact us? Double worried because his nationality is a North African, Muslim country.
Hi, Becca: Really, we don’t know what to expect for Muslim applicants. Most of Trump’s statements have been about Muslim *visa* applicants, not adjustment applicants. But if he implements stronger security policies for visas, then it would not be surprising if they changed for adjustment applicants too. Your legal ability to adjust status shouldn’t change, but delays could be possible (at least your husband has the EAD).
Hi and thank you so much for the information, I´m already waiting to get a call from the Embassy to complete the i-130, My mother is a Green Card holder and I will have to apply for a waiver due to unlawful presence. I was wondering if this whole situation will affect the approval process and timelines? Thank you!
Hi, Paola: I’m not sure that I understand your situation. You need to have an approved I-130 before the US consulate (i.e., embassy) will become involved in your case. The consulate/embassy doesn’t play any role in helping you complete the I-130.
But in terms of I-601/I-601A waivers, we don’t have any specific reason to think that processing times for them will increase. Security clearances at the consulate, however, could seriously increase in processing times. For some countries, in fact, Trump has threatened to stop issuing visas altogether: more here.
Thank you for responding, My lawyer already sent all the paperwork since my priority date for a visa became current, that part is already done. I´m waiting for the approval of that filing and the next step would be to go to the embassy for an interview, I´m in my home country right now, I lived in the US for 10 years and I left 5 years ago. My lawyer already said that I have to apply for a waiver since I will be denied once I go to the interview.
Well, I’ll say what I always say in these situations. If you have a lawyer, why aren’t you asking him or her these questions? That’s what you’re paying for. I would personally feel extremely embarrassed if my own clients didn’t turn to me first for legal advice. That’s my job.
My I-601A has been pending for 2 months, will it be revoked/denied if they cancel the I-601A?
Hi, Sandra: Fortunately the 601A program can’t just be canceled. It was put into place with formal “notice and comment” rule making. Those rules are time-consuming to put into place, and equally time-consuming to change. For now we think that 601A applicants are pretty safe.
I have been married to my US citizen wife for 4 years. I came to the US on a visitor visa planning to stay few weeks then return… then we have changed our plans and we have decided to apply for adjustment of status.
my question is if I apply will my paper work be effected as I’m originally from the middle east in addition to being Muslim ?
I hope he wont separate me and my wife !!
Hi, Rami: Depending on the specifics of your situation you could be eligible to adjust to lawful permanent residency. I would start today – no further delay – to get an assessment of whether you are eligible to do so. There is zero chance that things will improve in January, so now is the time to get an application filed and start moving forward, if feasible.
What about visa overstayers? Come January 2017 my time In the states will expire. I am dating a citizen and we are planning to get married. he wants me to stay and file for and adjustment of status but I’m afraid if I do it will jeopardize my future given trump strong stance on immigration. What do you suggest we do?
Sonji, you need to find out immediately if you’re eligible to pursue adjustment of status. Once you are out of status you will be subject to grounds of deportation – that’s not a situation I would recommend playing with in this environment. If eligible, you should marry and get your adjustment application filed ASAP. Let us know if you want to talk about it.
I received a 10 year green card thru my wife in 10/2014. We used the 601-a waiver to do it. We have been married for 10 years. Will trump’s proposed changes will affect me? I how not!
Hi, Daniel: if you already have your greencard he can’t take it away, so you should be okay. Good thing you got it done when you did.
What about the Muslims applicant’s for u visas is Donald Trump’s presidency Goin to make any difference to these applicants
Faisal: We’ve started a resource page here and will be adding to it soon: https://www.soundimmigration.com/trump.