Can my 7 Month Old Daughter go for H4 or B2 after EO Travel Ban


YK107

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Posted

I am in US with H1B stamped till Jan 2021, and my wife and 7 months old daughter are in India. My wife has visa stamped till Jan 2021 but my daughter doesn't. So, after US EO travel ban which includes H4 dependent with no visa stamped, is there any exception for infant kids if we can just apply H4 for my daughter? .. and if this option is not possible (which looks like true), can we go for B2 just for my daughter or will my wife also have to go for B2 visa with my daughter? and what are the changes US consulate will approve B2? 

Posted

This is an area that based on our reading of the Executive Order is currently somewhat unclear. It may be best to try to apply for the visa and then if it is refused address the issue with an Attorney who can present a legal argument to the Consulate or you may need to consider a lawsuit to challenge the EO's application to the visa application.

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