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

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1 Lawyer Answer
Christopher A. Kerosky
Christopher A. Kerosky
  • 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.

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