Denver, CO asked in Immigration Law for Colorado

Q: My spouse, in Nepal, had immigration visa granted. Will she be able to come to US with this current US Immigration Ban?

I am a U.S. Permanent Resident and applied for immigration visa for my spouse. Her case has been approved and immigration visa was granted to her after successful interview with US Embassy in Nepal. All she needed was to fly to US and she would get her Green Card in 1 month or so after arrival. But, now with this on going Corona Virus Pandemic and New Immigration Ban in effect, will she still be able to fly to US and be admitted? The details of executive order is unclear on the affects of it on people with already granted immigration visas. Can you please advise on this?

Related Topics:
3 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: I am providing you with a redacted summary of the Proclamation suspending entry of immigrants :

The Proclamation issued on April 22, 2020 and effective on April 23, 2020 at 11:59 PM suspends entry into the U.S. of immigrants who:

• Are outside the United States on the effective date of the proclamation;

• Do not have a valid immigrant visa on the effective date; and

• Do not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document).

The above is responsive to your inquiry.

Good luck to you.

1 user found this answer helpful

Mario Musil
PREMIUM
Mario Musil
Answered
  • Immigration Law Lawyer
  • Clackamas, OR

A: If she had the visa stamp in her passport prior to the proclamation, then she will not be affected.

You can read more about it on my blog: https://www.musillawfirm.com/immigration/trumps-suspension-on-immigration-entry/

Stephen Arnold Black agrees with this answer

1 user found this answer helpful

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Yes. Your spouse will be admitted into the USA. The temporary ban does not apply to spouses of USC's. Secondly she already has a visa.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.