Elgun Guluyev
21h
Will the Proposed U.S. Visa Ban Affect My Pending IR-1/CR-1 Petition from Azerbaijan?
Hello everyone,
I am a U.S. citizen originally from Azerbaijan. I became a U.S. citizen in 2019. In 2024, I married my wife in Azerbaijan and filed an I-130 petition for her and our child in September 2024 under the IR-1/CR-1 category (family-based immigration).
Since the filing, I have been outside the United States to be with my family due to an urgent family situation. Our case is still pending and has not been approved yet.
Recently, I read news that the U.S. government may ban permanent visas for citizens of 75 countries, and Azerbaijan is included among them.
My question is:
Since my I-130 was filed in September 2024, will this potential new law affect my pending visa petition and my family’s ability to immigrate? Will the new rules apply to my case even though the petition was already submitted before the ban?
Thank you in advance for your help.
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Alone boy. 21h
yes pause now waiting.
M L18h
Yes. In addition to how long you’ve already been waiting, now you for sure won’t get a final decision until the pause is lifted.
Paul Su17h
Both answers above are wrong.
The process will keep going, USCIS will keep working on your case and you will get decision within normal processing times - no one will stop working on your case because of this pause. Moreover, the NVC process after approval will start as well, you will be given access to CEAC and even after filling the DS-260 and uploading the documents they will schedule an interview for your wife in Azerbaijan.
But the VISA won’t be posted to your wife’s passport even if you meet all the criteria. She will be given a refusal under 221g (which is NOT denial) and she will be able to get her visa in the passport when the immigration pause will be cancelled.
Izere M14h
Your 09/2024 PD and still not approved? something is not right
Elgun Guluyev14h
@Izere M This is my second application. The first time, I made a mistake and they requested additional evidence, which I was unable to provide. I withdrew the case and then re-applied in September 2024 with all the correct documents. The first application took almost 12 months, but under the new administration it is taking longer, and it seems like they are scrutinizing my case more closely.
Elgun Guluyev14h
@Paul Su thank you that is what i was thinking also
