April 22, 2020 Presidential Proclamation

The United States President declared a Proclamation halting adjudication of permanent residency cases for the next 60 days.

This is in response to the Coronavirus. Therefore, this does not permanently stop immigration but rather, places a pause on travel to the U.S. for immigrants outside of the United States who have not yet been granted a visa.

It is for 60 days but could be extended.

This is a summary of the Proclamation.  This is not legal advice.  You should contact the office for any legal advice on a specific case at 202-467-8340. 

As you may be aware, the President signed a Presidential Proclamation which suspends the entry of some immigrants into the U.S. The proclamation was signed on April 22, 2020 and goes into effect on April 23, 2020 at 11:59PM and will last for 60 days.  The suspension may be extended if the President believes it is necessary. 

You are likely wondering how this “immigration ban” effects your case. On March 20, 2020, all U.S. embassies suspended visa services worldwide. Interviews have been and continue to be cancelled. Only emergency and Humanitarian relief cases are being processed. We believe that this suspension will most likely be lifted country by country as COVID-19 cases slow in each country. 

The ban only applies to people who are physically outside the U.S.  Those who are physically inside the U.S. can process their cases normally.  You can apply for an extension of your work permit as needed.  If you are applying for your green card and are physically in the U.S., you can still complete and file your applications.  If you are applying to extend a non-immigrant visa such as an H-1B, you may still apply to extend your status. 

The Proclamation simply means that the U.S. will suspend the entry to the country of any person seeking to enter the U.S. as an immigrant (person seeking permanent residency/ green card) if: 

1.    That person is outside the U.S. on and after April 24, 2020 until the Proclamation ends. (Unless you or your family member falls into an exception to the rule, the Embassy/ Consulate will not process your case while the ban is in effect. You should be able to still complete your applications and submit documents. You will not be interviewed or issued a visa while the ban is in effect). 

2.    That person does not have a valid immigrant visa which is dated prior to April 24, 2020. (If you had your interview at the Embassy/Consulate prior to April 24, 2020 and you are waiting for them to return your passport with your visa, you will still receive your passport and visa and be able to enter the U.S.).

The Proclamation excludes the following persons from the new rules and does not apply to: 

1.    Lawful Permanent Residents (those who already possess their green cards may return to the U.S. using their cards). 

 2.    Spouses of U.S. citizens. The Embassies/ Consulates will continue to process these cases and interview applicants/issue visas.  

3.    Children under 21 year old of U.S. citizens. The Embassies/ Consulates will continue to process these cases and interview applicants/ issue visas.  

4.    Asylum seekers.

5.    Prospective adoptees seeking entry on an IH-4 visa. 

6.    Members of the U.S. Armed Forces and their spouses and children. 

7.    Non-immigrant visa holders, but this category may change within 30 days for certain non-immigrant holders. As of the date of this summary, non-immigrant visa holders are exempt. 

8.    Individuals and their spouses/ children seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform essential work in combating, recovering from or otherwise alleviating the effects of the COVID-19 outbreak (determined by the Secretary of State and Department of Homeland Security).

9.    Persons applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor program. 

10. Persons who would further advance important U.S. law enforcement objectives (as determined by the Secretary of State and Department of Homeland Security). 

11. Persons whose entry would be in the national interest (as determined by the Secretary of State and Department of Homeland Security). 

12. Persons and their spouses/ children who are eligible for Special Immigrant Visas as Afghan or Iraqi interpreters/ translators or U.S. Government Employee (SI or SQ). 

NOTE: As every case is different, the above should not be taken as legal advice.  Should you have any questions about how this may affect your case, or an employment of family visa petition you wish to pursue, please call our office at 202-467-8340 or email us to schedule a consultation at pj@torolawfirm.com.