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?

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3 Lawyer Answers

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
Answered

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

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.

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