QUESTION: I have already received my visa at the Consulate. Now I have heard about this extreme vetting and do not know what it means. Will I no longer be able to come to the U.S.?
Answer: The U.S. Secretary of State has issued a memorandum to the Consulates in order to somewhat define how and what will fall under this ‘extreme vetting’. However, it does not and has not revoked non-immigrant visa categories. Trump could not simply do that with an executive order. There would need to be congressional action whereby the House of Representatives would need to amend and pass new laws regarding non-immigrants and then it would have to be passed by the Senate and then signed by the president.
As we have just seen, the fact that it is a Republican president with a Republican House and a Republican Senate does not ensure passage. Even though the Republicans have a majority in both houses, the bill itself will not simply be rubber-stamped because Trump wants it to be approved.
Thus, the fact that Trump would want his ‘ban’ and people from different countries to be excluded did not work and was enjoined from proceeding by the courts. Likewise, a large segment of our population consists of non-immigrant workers coming in from all around the world in a variety of different capacities. Some are investors while others are technical workers with specialized knowledge. Others are actors and singers while others are visitors and students. It goes on and on as to the different and varied types of people who will come into the U.S. as a non-immigrant.
Question: Who exactly does this extreme vetting cover?
Answer: It is a bit hard to say at the moment, but it seems to heavily concentrate on the Middle Eastern countries. Of course, it might be later expanded.
Question: Does this mean my visa will be denied?
Answer: No. In actuality, it will still go forward. However, procedurally, and especially if you are from one of these middle eastern countries, you will have more questions and a more in-depth interview. It will take longer. However, by no means does it mean your visa is not valid and that you will be denied entry to the U.S.
Question: What if a few months have passed from the interview and they still have not made a decision?
Answer: In that case, you always have the option to bring a Writ of Mandamus against the Department of State. In fact, they have a duty to make a decision and cannot sit on the decision month after month and just claim it is in ‘administrative review’. You have put an application in front of them and they have a duty to adjudicate the application in a reasonable time period.
Rest assured that while Trump keeps trying to bypass constitutional protections of non-immigrants, that there is an army of immigration attorneys and immigration advocacy groups fighting these rulings, orders and decrees in court.
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Atty. Brian D. Lerner has been an Immigration Attorney for nearly a quarter of a century. He is married to a Filipina and has helped thousands of Filipino families all over the country. In addition to his offices in Southern California in Long Beach and Carson, he has an office in Quezon City. He is a certified specialist in Immigration and Nationality Law by the Legal Board of Specialization, California State Bar. The initial consultation is free. Call (562) 495-0554 and/or send an e-mail to [email protected].
