Does my wife have to cancel an H4 visa interview scheduled for December 2020 because of the Presidential Proclamation 10014?
Asked on Nov 02nd, 2020 on Immigration - North Carolina
More details to this question:
My wife scheduled an appointment for an H-4 visa in December from Sydney, AUS. But the Presidential Proclamation 10014 suspends any new H4 visa through December 31, 2020. And applicants for those categories covered by Presidential Proclamation should request an appointment only if one has reason to believe he/she may qualify for one of the exceptions listed in the Proclamation. My wife does not qualify for any of the exceptions listed on the proclamation but still was able to schedule the visa appointment for December 2020. So, I am wondering if the visa appointment she scheduled for, violets the proclamation declared by the President? Does she have to cancel this visa appointment, and schedule another one after December 2020?
I do not believe your wife needs to cancel the H-4 interview if you were in the US on June 24, 2020, even though the Department of State has not been entirely clear as to who is subject to the presidential proclamation of 6/22/20 affecting nonimmigrants. The Department did say, however, in June that where the principal is in the US, derivative dependents could apply for a national interest exception. Then in July, the Department posted guidance clarifying that derivative dependents who are not otherwise independently exempted from the restrictions are automatically exempted where the principal applicant is not subject. One of the examples provided for a principal not being subject was one who was in the US on the proclamation’s effective date, June 24, 2020. Good luck to your wife if you were here on that date. If not, the consulate could theoretically still issue the visa as the ban is against entry and not visa issuance. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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