UPDATE: Trump has again extended this ban by another 3 months after it ran out on Dec. 31, 2020. Click here for more information.
As you’ve likely heard, President Trump issued a proclamation on April 22 “suspending [the] entry of immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.” The intention of the measures outlined in the proclamation is to limit the number of lawful permanent residents competing with marginalized U.S. citizens for scarce jobs. However, many immigration lawyers, including myself, believe this to be totally unnecessary and feel that this is just one more way for the administration to limit legal immigration.
The changes to Immigration made by the proclamation will be in effect for sixty (60) days, but may be extended. In today’s blog, we’re looking at the details of this proclamation including who it impacts and who is exempt.
This proclamation only affects those who are seeking a green card from outside of the U.S which is processed through the U.S. Embassy or Consulate in the person’s home country. It does NOT affect anyone applying for a green card from within the U.S. which is called Adjustment of Status. It also does NOT affect anyone applying for a non-immigrant visa such as a visitor visa.
You are exempt from this 60-day suspension if:
- You already had a valid immigrant visa before the proclamation.
- You are a healthcare professional entering the United States to help fight the COVID-19 outbreak.
- You are applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program.
- You are the spouse of a U.S. citizen.
- You are under 21 and the child of a U.S. citizen.
- You are entering the United States to be adopted by a U.S. citizen.
- You are helping with U.S. law enforcement objectives.
- You or your spouse or parent are a member of the U.S. Armed Forces.
- Your entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
You will NOT be able to enter the United States as an immigrant (meaning to get a green card) for the 60-day period if:
- You are a parent of a U.S. citizen.
- You are the adult child of a U.S. citizen.
- You are the spouse or child of a lawful permanent resident.
- You are entering via the diversity visa program.
- You are seeking an employment visa that is not an EB-5 investor visa.