The first group of litigants have filed a Temporary Restraining Order (“TRO”) against U.S. President Donald Trump’s Immigration Ban. The TRO petition, which was filed in the U.S. Federal District Court in Oregon, seeks an immediate, limited order to protect family-based preference immigrants under the age of 21 from being unable to immigrate once the ban is lifted.
Family-based applicants, unlike immediate relatives, are subjected to a lengthy adjudication process which in some cases can result in a wait of up to 25 years for a visa to become available due to a Congressional numerical cap. Consequently, applicants under the age of 21 risk aging out (turning 21) rendering them ineligible to receive an immigrant visa. Specifically, these applicants include the following:
- Children of lawful permanent residents;
- Children where the primary beneficiary is an unmarried son or daughter of a U.S. citizen;
- Children where the primary beneficiary is a married son or daughter of a U.S. citizen;
- Children where the primary beneficiary is a brother or sister of a U.S. citizen.
Although routine consular operations worldwide were suspended in the middle of March in response to the COVID-19 pandemic, U.S. embassies and consulates have retained the right to accept emergency visa appointments including those applicants who risk aging out. The TRO petition further alleges that including these applicants in the immigration ban would result in these applicants being unable to seek an emergency appointment and thus, be prevented from immigrating to the United States.
For more information, contact us at firstname.lastname@example.org and speak with one of our U.S. immigration lawyers in Asia at our offices in Ho Chi Minh City, Manila and Taipei.