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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.

Will Donald Trump make it harder to get my visa?
3.88 (77.5%) 16 votes

Sound Immigration

All Sound Immigration attorneys are members of the American Immigration Lawyers Associations. They practice immigration law exclusively, focusing on helping families start new lives in the United States.

This Post Has 210 Comments
  1. 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

    1. 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.

  2. Hello,

    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??

  3. 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

    1. 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.

      1. 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

  4. 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?

    1. 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.

  5. 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

  6. 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??

    1. 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??

      1. 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

        1. 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.

  7. 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…

    1. 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.

      1. 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

    2. Hello Sadaf
      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

  8. 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.

    1. 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.

  9. 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

    1. 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.

  10. 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 ?

  11. 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.

    1. 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.

  12. 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 !

    1. 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.

      1. 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 ?

  13. Hi.
    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.

    Thanks

  14. 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.

  15. 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…

    1. 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.

  16. 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?

  17. 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.

    1. 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.

  18. 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.

      1. 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?

  19. 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?

    Thanks

  20. 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???

  21. 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?

    1. 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.

  22. 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?

  23. 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

  24. 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!

    1. 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.

  25. 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

    1. 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.

  26. Hello,

    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?

    Thank you,

    1. 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.

      1. Hello –

        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.

  27. 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.

    1. 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.

  28. Hi
    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 ?
    Please advice
    Thank you so much in Adavance

    1. 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.

  29. 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

    1. 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.

  30. 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?

  31. Hi
    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?

  32. 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.

    1. 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.

  33. Hi,
    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

    1. 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!

  34. 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 ?

    1. 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.

  35. 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

  36. 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.

  37. Hi,

    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.

  38. 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

  39. 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

  40. 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?

  41. 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

  42. 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?

  43. Hey,

    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?

  44. Hi Madam/Sir
    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?

  45. Hello

    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

  46. 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?

  47. 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?

  48. 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?

  49. 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?

  50. 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

  51. Hello,
    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?
    Thanks

    1. 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.

  52. 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.

    1. 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.

      1. 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

  53. 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?

    1. 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.

      1. 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.

  54. 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?

  55. 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?

  56. 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.

    1. 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.

  57. Hello,

    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?

    1. 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.

  58. Hi,

    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?

    1. 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.

  59. Hi

    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?

  60. 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?
    Thank you

    1. 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.

  61. 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

    1. 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.

  62. Hi,
    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 ?

    1. 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.

      1. 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 ?

  63. 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?

    1. 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.

  64. 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?

  65. 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

      1. 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

  66. 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?

    1. 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.

  67. Hi,

    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.

    1. 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.

  68. 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?

  69. 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!

  70. 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.
    Thanks.

  71. 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?

  72. 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!

  73. 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?

    1. 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.

  74. Hi.
    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 !

    1. 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.

  75. 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.

    1. 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.

  76. 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 ?

    1. 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.

  77. 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.
    regards.

    1. 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.

  78. Please I heard they have stopped issuing fiancé visas I don’t know how true it is because I have my fiancé in Africa

  79. 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

    1. 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.

  80. 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

    1. 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.

  81. 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.

    1. 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.

  82. 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.

  83. 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.

    1. 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.

      1. 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!

  84. 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?

      1. 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.

  85. 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

    1. 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.

  86. 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.

    1. 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).

  87. 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!

    1. 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.

      1. 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.

        1. 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.

    1. 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.

  88. 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 !!

    1. 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.

  89. 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?

    1. 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.

  90. 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!

    Thank you.

    Daniel.

  91. What about the Muslims applicant’s for u visas is Donald Trump’s presidency Goin to make any difference to these applicants

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