U.S. Suspends Entry of Certain Individuals for 60 Days

Apr 26, 2020 News

ImmigrationINFO
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By Attorney Gail Seeram

On April 22, 2020, President Trump signed a proclamation suspending entry of immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak. This proclamation is viewed by many as a political maneuver by Trump to appeal to his anti-immigrant followers and is redundant, since most visa issuances are already stalled due to no interviews in U.S. offices and Embassies through June 2020. The proclamation will be valid from April 23, 2020 until June 23, 2020.
The proclamation became effective on Thursday, April 23, 2020 at 11:59 PM (ET), and applies to any individual seeking to enter the U.S. as an immigrant (or lawful permanent resident/green card holder) who:
● Is outside the United States on the effective date of the proclamation;
● Does not have a valid immigrant visa on the effective date; and

The temporary suspension of entry into the U.S. DOES NOT APPLY to:
1. Lawful permanent residents (LPR)
2. Spouses and children under 21 of US Citizens immigrating to the US through US Embassy/ US Consulate process
3. All Foreign Nationals in the US applying for Permanent Residency through Adjustment of Status applications with USCIS
4. All non-immigrant applicants applying through US Embassy/ US Consulate processing for temporary visas such as E-2, H1B, H-2B, E-3, L-1, O, P, F-1, B-1 and B-2 visitors visas etc.
5. All EB-5 investors applying for Conditional Permanent Residency through the US Embassy/ US Consulate.
6. Does not apply to Foreign Nationals who already have an immigrant visa in their passport and are outside the US.
7. Individuals, and their spouses or children, seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees)
8. Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)
9. Members of the U.S. Armed Forces and their spouses and children
10. Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
11. Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).

(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper)

Attorney Gail Seeram, LL.M., J.D., BBA
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