July 7, 2020

Are K-1 Fiancé Visas Exempted Under Trump’s Immigration Ban?

Following U.S. President Donald Trump’s April 22nd Executive Order (“EO”) as the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”, restricting certain applicants from receiving their immigrant visas for at least 60 days, many of our clients have inquired if their K-1 visas are exempted from the EO ban. Because a K-1 visa is classified as a non-immigrant visa under U.S. Immigration law but treated by the U.S. Department of State consular officers as an immigrant visa, the U.S. immigration lawyers at Enterline and Partners are of the opinion that K-1 visa applicants are not banned.

On June 22nd, President Trump amended the EO and thereby suspended the issuance of certain non-immigrant visas, and extended the original ban until December 31st. The amended EO made no reference to whether K-1 visa applicants would be prevented from applying for their visas for the EO’s duration.

While it is not expressly clear, it is reasonable to presume that K-1 visas are exempted from Trump’s immigration ban. Along with being noticeably absent from both the April 22nd and June 22nd proclamations, the U.S. Department of State Monthly Nonimmigrant Visa Statistics for May 2020 reports that despite the suspension of routine visa appointments at both the U.S. Embassy in Manila and the U.S. Consulate in Ho Chi Minh City, there were a few K-1 visa issued in both the Philippines and Vietnam. For example, the May 2020 Nonimmigrant Visa Issuance by Post and Visa Class shows two K-1 visas issued in Manila and eight issued in Ho Chi Minh City. Likewise, the May 2020 Nonimmigrant Visa Issuances by Nationality and Visa Class also shows four K-1 visas issued to Philippine citizens and eight K-1 visas issued to Vietnamese citizens. However, these applicants may have been interviewed or visa issued prior to the April 22 proclamation but were not reported until May.

If K-1 visas are designated as non-immigrant visas and not expressly banned under Trump’s proclamation, K-1 applicants should be allowed to proceed for their interviews when local travel restrictions and movement control orders are also lifted and when the Consulates reopen.

For related information on travel restrictions and visa enforcement at U.S. airports, you can read:

USCIS No Longer Accept I-407 at International Field Offices

To stay updated on broader immigration policy changes, see:

For more information, contact Enterline & Partners at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
Suite 601, 6th Floor
Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
Website: http://enterlinepartners.com

Manila, Philippines Office
Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: COVID-19, DOS, EO, Executive Order, Form I-129F, Ho Chi Minh City, Immigration Lawyer, Non-immigrant Visa, Petition for Alien Fiance, Philippines, U.S. Citizen, U.S. Consulate Ho Chi Minh City, U.S. Department of State, U.S. Embassy in Manila, U.S. Visa, Vietnam

David Enterline speaks at IIUSA EB-5 Event in East Asia

What is a Form I-129F? Petition for Alien Fiancé Explained

What Is An Alien Registration Number And What Is It For?

What Does A 214(b) Refusal Mean in U.S. Immigration Law?

our services

contact us today for more information

Latest News

What Is Capital In The RIA?

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), the definition of “Capital” as an investment for EB-5 has been updated. Capital includes cash, as well as any real, personal, or mixed tangible assets that are owned and controlled by the investor and which are invested in, or contributed into, the business. Capital can also be assets held in trust for the investor, provided the investor has unrestricted access to them. This guarantees that the funds are accessible for investment purposes and job creation. Capital must be evaluated using Generally Accepted Accounting Principles (GAAP) or other SEC-adopted standard accounting procedures at the time of investment, at fair market value in U.S. dollars. This guarantees uniformity and openness in the investment’s appraisal. The definition of capital excludes several types of assets: However, Capital invested in a business with a buyback option may still qualify if the option can only be

David Enterline speaks at IIUSA EB-5 Event in East Asia

Enterline and Partners Managing Partner David Enterline served as Panel Moderator for the IIUSA 2025 Passport Series: East Asia event held in October this year. He moderated the panel “How to Evaluate and Select the Right EB-5 Project for Investors”. IIUSA is the national membership-based EB-5 industry association for EB-5 Regional Centers and other EB-5 stakeholders and professionals. Its members are responsible for the large majority of capital investment and job creation in the U.S. from foreign nationals investing and immigrating to the U.S. via the EB-5 Immigrant Investor Program. David has been an active member of IIUSA since 2009. The panel consisted of experienced EB-5 stakeholders including Regional Center representatives, EB-5 lawyers and third-party promoters from various markets. The panelists shared their knowledge, insight and thoughts on key factors when considering an EB-5 project to invest in. If you are considering the EB-5 route to immigrate to the U.S. and

What is a Form I-129F? Petition for Alien Fiancé Explained

A Form I-129F is a Petition for Alien Fiancé(e) filed through the United States Citizenship and Immigration Services (“USCIS”). The form can only be filed by a U.S. citizen ages twenty-one (21) and above. Non-US citizens including lawful permanent residents are not able to petition a foreign fiancé(e). Form I-129F Requirements Before a U.S. citizen can file for his or her foreign fiance, they must have accomplished the following: How Much is the Form I-129F Petition Filing Fee? The current filing fee for a Form I-129F Petition is US$675. This fee is payable to the U.S. Department of Homeland Security with a credit card by using a Form G-1450 or ACH transitions with a Form G-1650. When is the Best Time to Submit a Form I-129F Petition? A Form I-129F Petition can be submitted at any time throughout the year. Once the petition is received by USCIS, it will be

Are K-1 Fiancé Visas Exempted Under Trump’s Immigration Ban?

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY

contact us today for more information

Latest News