White House Proclamation Suspending Entry of Certain Immigrants
Pasricha & Patel
The Trump administration has signed a presidential proclamation that temporarily suspends the entry of certain types of immigrants to the U.S. for 60 days if:
- They do not have a valid immigrant visa as of the effective date of the proclamation on 11:59 pm EDT on April 23, 2020
- They do not have an official travel document other than an immigrant visa that is valid as of the effective date of the proclamation or is issued thereafter and allows the person to travel to the U.S. and see entry or admission (such as a transportation letter, boarding foil or advanceparole document)
It should be noted that this temporary ban does NOT impact the filing or processing of applications for adjustment of status to lawful permanent resident status (i.e. I-485 filings). So, applicants who are eligible for, and wish to file for immigrant petitions here in the U.S. can continue to submit their petitions to the USCIS.
In fact, the following groups are EXEMPTED from this temporary ban:
- Lawful Permanent Residents;
- Foreign nationals who seek to enter the U.S. on immigrant visas as aphysician, nurse, or other healthcare professionals, as well as theirspouse and unmarried children under 21;
- EB-5 immigrant visa applicants;
- Spouses of U.S. citizens;
- Children under 21 years old of U.S. citizens and prospective adopteesin the IR-4, or IH-4 adopted children visa classifications;
- Foreign nationals whose entry would serve U.S. law enforcement objectives;
- Members of the U.S. armed forces and their spouses and children;
- Foreign nationals who seek to enter the U.S. as Special Immigrants in the SI or SQ classification, and the spouse and children of such individuals (i.e. Iraqi and Afghan nationals who have worked for or assisted U.S. interests);
- Foreign nationals whose entry is in the U.S. national interest.
While this proclamation would not have any immediate impact on temporary workers such as those who are on H-1B, or L-1, and other nonimmigrant worker programs, this order does say that in the next 30 days, the Department of Homeland Security and the Department of Labor are required to review the various nonimmigrant visa programs and recommend measures that would help to stimulate the U.S. economy and make sure to prioritize the hiring and employment of U.S. workers in the U.S. So, it remains to be seen whether there would be further restrictions related to those programs in the coming days.
It should also be noted that asylum seekers are NOT included in the ban, and the proclamation makes it clear that individuals can still apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture (CAT).
This proclamation expires in 60 days from April 23, 2020, and it may be continued as necessary. Also, within 50 days from the effective date of this proclamation, the Secretary of the Department of Homeland Security shall consult with the Secretaries of State and Labor, make further recommendations to the President about whether the proclamation should be continued or modified.
Due to the ever changing circumstances of current events, we do encourage readers to continue to watch this space for any further developments and should readers have any questions or concerns about this proclamation or any immigration questions in general, please do not hesitate to contact our office to schedule consultation and we can discuss matters further.