This topic would be much clearer if the Executive Order was titled :
However, since there isn’t clear language, confusion has arisen. Following the June 22, 2020 Executive Order titled: Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak , many people are left with the following immigration questions:
There are many ways to ask the question, but lets start at the beginning.
The April 22, 2020 Executive Order titled: Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak , bans many Immigrant Visas from being interviewed, approved, or issued at the US Consulates and Embassies. This executive order specifically targetted “Immigrants.”
The June 22, 2020 Executive Order “Continues” the April 22, 2020 Executive Order, but ADDS some Non-immigrant Visas.
But, we will have to go a little bit before the beginning of the Immigration Ban to see why/how K-1 Visas are not being issued right now. On March 11, 2020, Executive Order titled: Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus , this Executive Order created a new evaluation on what the US Consulates will process:
It isn’t until you merge all three (3) Executive Order do you start to realize K-1 Visas are not Mission Critical and are not being issued at the moment.
The Ban applies to people who :
Visas Specifically Banned:
The Executive Order does not apply to:
Continuation!!!
Technically, the K-1 uses the DS-160 Nonimmigrant Visa Application, but the resulting visa and intention is to “Immigrate.” Even the US Government titles the K-1 as an Immigrant Visa and a Non-immigrant Visa.
This topic carries the feeling that the US Government allowed the Fiance Visa to “fall between the cracks” and be neglected for the year of 2020.
Determining something is “Mission Critical” on March 11, 2020 in a super open-ended Proclamation, and then confusing the process with multiple later Proclamations, it is clear 2020 will be one of the lowest K-1 Visa years in recent US History.
The K-1 Fiance Visa is not Banned, but they are not being processed at the Consulate Stage or being issued since they are not “mission critical.” So, they are technically not banned, but just not being given out by the US Consulates/Embassies.
Proclamation Link: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/
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