Q: can a citizen of Iran apply for Green Card while Travel Ban is in effect?
My wife is a recently naturalized US Citizen and would like to sponsor her elderly disabled mother (70Yrs Old - Stroke victim) for a Green Card. My question is, even though Iranian citizens are banned from entering the country, is it still possible to apply for an I-130 in anticipation of a new government next year so that part of the processing time is completed under the ban? What happens to the application if the current administration stays in office and the ban is not lifted? Will the case hang in limbo, rejected or a new application will need to be filed post-ban? Thank you.
A: There are humanitarian exceptions to the travel ban. Now would be as good a time as any to begin the process.
You can proceed at this time to file with USCIS the FORM I-130 , relative petition, on behalf of your parent. Once the FORM I-130 is approved by USCIS then the file will be transferred to the NVC. At that time, you can assess if the “ travel ban “ is still in existence. If it is then your parent will need to file a waiver demonstrating that: (A) denying entry would cause your parent undue hardship , (B) entry would not pose a threat to the national security or public safety of the United States, and (C) entry would be in the national interest.
You also need to be aware of the latest proclamation issued this week which prohibits entry of immigrants including parents of U.S. citizens for a period of 60 days starting April 23 2020 at 11:59 pm.
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