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Litwin & Smith Nationwide FY 2021 H-1B Cap Petition Filing Ends June 30, 2020

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Muslim Spousal Sponsorship

K-3 Spousal petitions for Muslim spouse abroad. Since Donald Trump won the election will a spousal visa from a Muslim country be harder to get.

Will people from Muslim countries have a harder time obtaining a spousal visa if they are married to US citizens since Donald trump is the new president or will it remain the same under his administration.

Muslims have been experiencing some delays in processing already.

There is already a lawsuit regarding the delay in naturalization processing of Muslim men.
We have seen some delay in background checks for persons from Muslim countries.
There are additional security checks for persons traveling to Muslim countries.
We expect some delay in spousal petition adjudications and consular processing.

At this time November, 2016, it is too soon to know what additional actions President Trump will take. Whatever the actions a President Trump may take will initially be subject to application of existing regulations. He most easily could advise administrative officers to more strictly adjudicate Muslim filings. He may administratively have the Department of Homeland Security promulgate more restrictive regulations, but this would take several months. A President Trump alone cannot change the laws. A change of the Immigration & Nationality Act will require a Congress to change the law which would likely take more than several months.

We do not as yet know what was campaign rhetoric versus what he actually intends to do. What began as a statement of an outright ban on Muslims was later refined to "extreme vetting."

Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.

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