Updates on Executive Order

U.S. President Trump’s Executive Order Suspending Entry of Immigrants

 

Effective April 23, 2020

President Donald J. Trump signed a new executive order to temporarily pause the entry of foreign nationals due to the impact of COVID-19 virus on the U.S. economy and the impact that new immigrants may have on the work market during a high unemployment period.

Below is a summary of the order which is in effect for 60 days.

 

Suspension and Limitation on Entry

In section 1, the order states that the entry into the U.S as “immigrants” is suspended. This means individuals seeking to come to the U.S. in as permanent residents (Green Cards). This is not subject to Non-immigrant visa categories and other categories of entries.

 

Scope of Suspension and Limitation on Entry

• The suspension affects you if the following criteria are met:
• You are outside the U.S. on the effective date of the proclamation (11:59 pm, April 23, 2020)
• You don’t have an immigrant visa valid on the effective date of the order
• You don’t have an official travel document other than a visa

 

These categories are exempt from the order and it does not impact them:

• Lawful permanent residents (People who have a Green Card)
• any alien seeking to enter the United States 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 Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who is accompanying or following to join the alien;
• People applying to enter the United States through the EB-5 Immigrant Investor Program.
• spouse of a United States citizen
• Children under 21 of United States citizens or prospective adoptees
• People who further important U.S. law enforcement objectives, as determined by the Department of States or Department of Homeland Security
• Members of the United States Armed Forces and/or their spouses and children
• Special Immigrants (including Iraqi and Afghani translators and religious workers-EB-4)
• People whose entry would be in the national interest as determined by the Department of States or Department of Homeland Security Section 3. Implementation and Enforcement

 

Implementation and Enforcement.

The Consular Officer makes the determination if an individual is eligible for one of the exemptions in Section 2 of the order.

People circumventing this Executive Order through fraud or willful misrepresentation shall be a priority for removal. This order does not impact people seeking asylum, refugee status, withholding of removal, or protection under the Convention Against Torture.

 

Termination

The proclamation expires 60 days from April 23, 2020

 

Our Comments:

• This Executive Order does not impact nonimmigrant visas. Example of Non-Immigrant Visas
• Student Visas, Work Visas, Tourist Visa and etc…
• Any foreign national wishing to extend nonimmigrant visa status in the United States
• Any foreign national wishing to adjust status to lawful permanent resident in the United States