The proclamation becomes effective on Thursday, April 23, 2020, at 11:59 PM (ET), expires in 60 days, and maybe continued as necessary. Within 50 days from the effective date, DHS and the Department of Labor shall recommend whether the President should continue or modify the proclamation.
Who does it affect?
The order suspends the entry of any individual seeking to enter the U.S. as an immigrant (resident) who:
● Is outside the United States on the effective date of the proclamation;
● Does not have a valid immigrant visa on the effective date; and
● It does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.
Who is NOT included in the proclamation?
1. Those who have already applied or will apply for adjustment of status in the U.S.;
2. Lawful permanent residents (LPR);
3. Nonimmigrant visa holders and applicants; However, within 30 days of the effective date, nonimmigrant programs will be reviewed to determine whether additional restrictions will be added.
4. Physicians, nurses, or other healthcare professionals coming to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by Dept. of State and DHS).
5. EB-5 immigrant investors;
6. Spouses of U.S. citizens;
7. Children of U.S. citizens under the age of 21 and prospective adoptees;
8. Individuals who would further important U.S. law enforcement objectives (as determined by DHS and DOS);
9. Members of the U.S. Armed Forces and their spouses and children;
10. 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);
11. Individuals whose entry would be in the national interest (as determined by DOS and DHS); and;
12. Asylum seekers.
Discretion. It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories.
Prioritized Removal. Individuals who circumvent the order by fraud, willful misrepresentation, or illegal entry will be prioritized for removal.
If you have any questions, please contact us for a consultation on the facts of your case.