New York Lawyer's Legal Updates

Trump’s Executive Order Banning US Immigration For 60 Days

Author: NYC Immigration Lawyer Alena Shautsova

On April 22, 2020, President Trump signed an executive order restricting immigration into the United States for 60 days starting April 23, 2020, at 12 pm. The following classes of immigrants will be affected:

  • Persons who are not in possession of a valid immigrant visa;
  • Persons who are outside the United States; and
  • Persons who do not have documents authorizing their return to the US (advance parole, boarding foil)

Not affected:

  • It means those who already have immigrant visas but they have not used them yet to enter the US will not be affected;
  • Those who are traveling pursuant advance parole will not be affected
  • Green cardholders who are overseas will not be affected
  • Spouses and Children (under 21) of US citizens will not be affected
  • Individuals whose entry will be in the national interest
  • Military members and their families
  • Workers who are entering to work in the healthcare sector, and their dependents
  • 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)
  • EB 5 investors will not be affected
  • Asylum seekers, applicants for refugee status, withholding of removal and relief under Convention Against Torture are not affected

Who will be affected?

Employment-based immigrants: those who were waiting for their interview in connection with employment-based petitions (approved I 140) (unless coming to work in healthcare sector as a physician, nurse, or other healthcare professional to perform work essential to combatting, 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).

All Family based immigrants waiting for their interview except for spouses of the US citizens and children under 21 years old of the US citizens. This includes spouses and children and sons and daughters of lawful permanent residents; sons and daughters of US citizens, siblings of US citizens and their dependents, parents of the US citizens: they will be affected.

Those who are waiting for an interview in connection with a DV lottery will be affected.

What will happened with H1B, E, O, P and other Work Visas?

The proclamation does not apply to non-immigrant visas currently. However, it seems there are plans to limit the non-immigrant visa entries as well, as the proclamation states that within 30 days such an issue should be considered.

The proclamation is silent about VAWA self-petitioners and Special Immigrants other than Afghani and Iraqi translators.

We can expect that more detailed regulations/ interpretations will emerge soon.

How long the ban will be in place for?

The proclamation states that the ban will be in place for 60 days, but can be extended.

This is all information that is available at the time the article is being written. We will update this article with the new information as soon as it gets available.

23 April 2020
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