At 11:59 pm Eastern on Thursday, April 23, 2020, the United States will suspend entry of immigrants pursuant to Presidential Proclamation. The suspension will last 60 days but may be continued or modified.
Q. Who is impacted?
A. Those immigrants who, as of the effective date of the Proclamation:
- are outside the United States;
- do not have a valid immigrant visa; and
- do not have an official travel document (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that permits travel to the United States.
Q. Who is not impacted?
A. The following foreign nationals are not subject to the Proclamation:
- any nonimmigrants (although the Proclamation stipulates additional appropriate measures to stimulate the economy and protect US workers shall be recommended within the next 30 days);
- any intending immigrants physically present in the U.S.;
- any US lawful permanent resident (green card holder);
- any foreign national (and dependent family member(s)) seeking immigrant entry as a physician, nurse, or other healthcare professional; to perform COVID-19-related medical research or work;
- any foreign national applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
- any foreign national who is the spouse of a US citizen;
- any foreign national under 21 years old and the child of a US citizen, or a prospective adoptee;
- any foreign national whose entry would further important US law enforcement objectives;
- any member of the US Armed Forces (and dependent family member(s));
- any foreign national (and dependent family member(s)) seeking to enter the US pursuant to a Special Immigrant Visa as Iraqi or Afghan translators/interpreters/workers for the US government; or
- any foreign national whose entry would be in the national interest; and
- any foreign national seeking asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The scope of the Proclamation is limited not only by the exceptions above but also by the fact that immigrant visa interviews have been suspended at US consulates since March 20, 2020.
A complete copy of the Proclamation is available at https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/.
For questions about how the Proclamation may impact you directly, please contact a Womble Immigration Solutions team member.