Asked in Immigration Law for California

Q: Hi, my F2B Visa petition was approved in mid May/20. Will Trump’s green card freeze delay my case ?

I’ve received the F2B visa petition approval in mid May/20 and yesterday I’ve finished submitting all the documents on the CEAC website. I’m curious to know if the Trump’s freeze will delay my case until ‘21 or further.

Note: I’m currently living outside of the US

Related Topics:
1 Lawyer Answer
Christopher A. Kerosky
Christopher A. Kerosky
PREMIUM
Answered
  • Immigration Law Lawyer
  • Santa Rosa, CA
  • Licensed in California

A: The Trump Administration’s recent Executive Order suspended the entry of certain foreign nationals on employment-based nonimmigrant visas into the United States. This Executive Order covers those with an:

• H-1B visa and any foreign national accompanying or following to join them;

• H-2B visa and any foreign national accompanying or following to join them;

• J visa, to the extent the foreign national is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any foreign national accompanying or following to join them; and

• L visa, and any foreign national accompanying or following to join them.

So this would not cover you.

Trump's earlier "freeze" announced in April was also extended until December 31, 2020. That freeze:

• applies to only persons OUTSIDE the U.S. So all petitions for persons in the U.S. are not covered by this.

• wives and husbands of U.S. citizens are not covered by this freeze either—even if outside the USA.

• Children under 21 immigrant visas are EXCLUDED

• The freeze doesn’t affect Legal Permanent Residents; they would still be eligible for citizenship

• The freeze does NOT apply to U visas for victims of crimes

• It doesn't affect asylum/refugees whose cases can go forward.

Since your F2B immigrant petition was based on a marriage or as the adult child of a lawful permanent resident, you likely will be affected by this freeze. Make sure you complete the National Visa Center paperwork so that as soon as the freeze is lifted, you can get your visa interview. I hope this helps.

1 user found this answer helpful

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.