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ResourcesVisa & Immigration LawUS Immigration LawWhat if My K-3 Visa Expires Before the Travel Ban Is Lifted?

What if My K-3 Visa Expires Before the Travel Ban Is Lifted?

Transcript of the above video:

As the title of this video suggests, we are discussing the restrictions to travel to the United States and how this might impact a K-3 Visa holder.

Let’s be clear. Either due to an actual ban, a law that has been promulgated, Executive Order, or and I am going to go broad with this, or just logistics, it may be possible depending on your nationality or where you hail from to get in to the United States but due to ongoing issues involving COVID-19, it is just not logistically feasible to get there.

What happens if your Visa expires? You had an issued K-3 Visa from a US Embassy or a US Consulate and its expiration date is coming or it may have expired and you have been unable to get in to the United States basically due to the COVID-19 situation.

It may be possible to remedy that depending on the circumstances of the case. It is a good idea to contact a legal professional to get some insight into this and how this overall situation will play out within the confines of the specific facts of your case. This is an issue that is probably not overly useful to use general information you find on the internet because this is an unprecedented set of circumstances and really frankly, other than people that deal with Consular processing quite frequently and there are other Attorneys that deal with this, but this is really a narrow fact pattern; it is narrow and deep. There is a lot going on with respect to a visa that expires before it is used and how to deal with the Embassy to maybe get it re-issued or in anticipation of expiration to deal with it so that expiration either doesn’t come about or a new visa can be issued prior to expiration. There are multiple factors to consider when dealing with or when examining the concept of the Visa’s expiration prior to the travel ban or the circumstances fundamentally changing which would allow that national to enter the United States and take up their K-3 status.

So, the thing to take away from this video is 1) it is probably a good idea to contact a legal professional. 2) My heart does go out to folks who are stuck in these circumstances. It is really unfortunate that COVID-19 is causing this and specifically the shutdown of Embassies and flights to the United States depending on circumstances that is causing this.

But there probably is a remedy. It may be complex and it is probably circumstantially dependent. It is not a terrible idea to contact a legal professional in order to understand how best to remedy such an unfortunate situation.