Immigration, Small Law Firms

The Muslim Ban, COVID-19 Delays, And A Story About How Love Conquers All

It is time to think about lifting bans and making sensible, practical policies so that loved ones can reunite, and businesses can resume smoother international operations.

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The Muslim ban of 2017,  followed by the various COVID-19 travel bans, have caused much chaos and hardship in the lives of many people. I hope to see bans lifted for Europe and the U.K. in November 2021, but many of the details are yet to be released. This following story is one that demonstrates the hardships of travel bans but is also one of perseverance, dedication, and love. I’ve used different names to protect my clients’ identities.

In mid-2017, I met with Sam, CEO of a tech startup in Seattle. He was a lovely man, shy and handsome, soft spoken but evidently very smart. Talking tech was clearly his jam. I could tell he was nervous to speak about matters of the heart. He told me about his beautiful fiancée, Roxy, whom he met on vacation in Turkey. Like him, she was on a working vacation, visiting from Iran — one of the countries on the United States’ Muslim ban list. It was clearly love at first sight and the beginning of a love story that would take many twists and turns.

At the time of our meeting, Trump’s infamous Muslim ban had been struck down for a second time. So, filing a fiancée visa case for my client was not prohibited, nor did we think there would be problems with processing the case. We did discuss, however, that the U.S. embassy handling the case would likely apply extra scrutiny. Turned out we were way off in our predictions.

The Supreme Court of the United Status put the final nail in the proverbial coffin by allowing the Muslim ban to continue. This meant that Sam and Roxy’s case was put indefinitely on hold.

Between 2017 and 2019, my client and his fiancée had to be creative and intentional in how to meet in person. Fortunately, Sam was financially able to travel to Europe regularly to see Roxy. But eventually they found themselves researching visas for different countries where Sam could visit with a U.S. passport but without a visa and where Roxy could also enter, with or without a visa. They had to research processes and timelines for visa applications so traveling could be planned accordingly. Immigration complexities hounded them no matter where they wanted to meet. In the end, Turkey and some other European countries were places they would meet and spend time together. Before the pandemic, as a startup founder working in technology, Sam could work remotely. But it wasn’t always easy.

Working within different time zones, managing employees from afar, and not being able to see clients face to face, he confronted many challenges. And when his startup got acquired, the luxury of traveling overseas came to a screeching halt. Suddenly, Sam and Roxy were out of options. And that would continue for a long time.

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In 2019, the Trump administration allowed waivers for cases like my clients’. After much advocacy and navigating new challenging procedures, we were able to secure a visa interview for Roxy. In case you didn’t know, Iran does not have a U.S. embassy. Instead, Iranians seeking to process immigration documents must visit neighboring countries that will accept U.S. visa applications. In this situation, the U.S. embassy in Abu Dhabi, United Arab Emirates, accepted the couple’s case.

The next hurdle was to secure a visa for Roxy to attend the interview in the short timeframe. The couple hired a local immigration company in Abu Dhabi. At this point though, each additional step and new obstacle was eating away at their patience and struggles. Roxy did eventually attend the interview and got her K-1 Fiancée visa.

I cannot begin to explain accurately the stress, anxiety, and complexity that went into getting this K-1 visa approved. But luckily, we got through it and, finally, the big day arrived for their entry into the United States. Both Sam and Roxy were able to make it to Seattle. We were overjoyed! It felt like we had won a huge prize after climbing some very big mountains. I was at the airport joining his elated family. Recalling that moment now, I still get goosebumps.

But while we had won this round, there was more to do. Part of the procedure for acquiring a K-1 visa meant they had to get married within 90 days. Their story gathered much sympathy, and some people who didn’t even know them but were moved by their story helped to put on a glorious wedding. It was very heartwarming.

In late 2019, after the wedding, we filed for an adjustment of status for Roxy, her green card application. But within months, COVID-19 struck, and all immigration processing came to a frustrating halt. The immigration delays were insurmountable, and the challenges continued. At least they were together under the same roof, so that brought some comfort.

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In late summer 2021, we finally had an interview notice as is part of the immigration process. You must attend these interviews in person at a local U.S. Citizenship and Immigration Service office to prove the legitimacy of the relationship. Due to the COVID-19 delays, regional offices were disbursing cases to other cities, and Sam and Roxy’s case got caught in that shuffle. The interview was scheduled two hours away from Seattle. Excitedly, they took time off work, booking overnight accommodation at their expense.

But their hopes were dashed when we received a cancellation notice. All the planning and costs associated with it were nonrefundable. They got a second notice, but that too was canceled. The frustration and anxiety kept building up.  Third time was a charm though and last week, in September 2021, they finally had the interview.

The new COVID-19 policy of shuffling cases from city to city means that immigration attorneys like me get to attend interviews telephonically. And that’s how I appeared in Sam and Roxy’s case. I was a little nervous, not being able to hear well, but from the tone of everyone’s voices, I could tell the interview went well.

The next day, we received an email that Roxy’s green card application has been approved!

After my happy dance, I started to reflect on what this means and why this is important at this moment. Sam and Roxy’s story is one of love trumps all. Truly. The day of the Muslim ban will be forever etched in my mind. It propelled me to do much advocacy work that I recall in my book, “Legal Heroes.” And even as the Muslim ban was rescinded, the COVID-19 travel bans have had similar impact. It is hard not to think about the loved ones that remain apart.

It is time to think about lifting bans and making sensible, practical policies so that loved ones can reunite, and businesses can resume smoother international operations.

For now, I will take this win and celebrate my clients and their love and determination for months to come.

Tahmina Watson is the founding attorney of Watson Immigration Law in Seattle, where she practices US immigration law focusing on business immigration. She has been blogging about immigration law since 2008 and has written numerous articles in many publications. She is the author of Legal Heroes in the Trump Era: Be Inspired. Expand Your Impact. Change the World and The Startup Visa: Key to Job Growth and Economic Prosperity in America (affiliate links).  She is also the founder of The Washington Immigrant Defense Network (WIDEN), which funds and facilitates legal representation in the immigration courtroom, and co-founder of Airport Lawyers, which provided critical services during the early travel bans. Tahmina is regularly quoted in the media and is the host of the podcast Tahmina Talks Immigration. She is a Puget Sound Business Journal 2020 Women of Influence honoree.  Business Insider recently named her as one of the top immigration attorneys in the U.S. that help tech startups. You can reach her by email at tahmina@watsonimmigrationlaw.com, connect with her on LinkedIn or follow her on Twitter at @tahminawatson.

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