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Trump Suspension of Immigration: What Does It Mean?

Trump Suspension of Immigration: What Does It Mean?

On April 22, 2020 President Donald Trump issued Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. This proclamation suspends the entry of immigrants for the following sixty days starting on April 23, 2020 at 11:59 PM Eastern Daylight Time. However, the proclamation states that they will reassess whether it needs to be extended. If it is extended, it will be announced within fifty days after the proclamation.

The proclamation is long and complicated, so it can be difficult for people to figure out exactly how this can affect their cases or the cases of those they care about. Luckily, we are here to help you make sense of what this proclamation means.

Below is a quick summary of the types of immigrants who are and are not banned:

Banned

  • People without a visa or other official travel document dated before April 22, 2020 who are not listed in the “Not Banned” group.

Not Banned

  • Refugees
  • Follow-to-join refugees & asylees through I-730 petitions
  • Parolees, including Central American Minors parole beneficiaries
  • Afghan and Iraqi Special Immigrant Visa holders (SI/SQ classifications)
  • Asylum seekers at the border
  • Lawful permanent residents
  • Non-immigrant visa applicants, including student visa applicants
  • Family-based immigrant visa applicants (through approved I-130 petitions)*
    • Not banned for U.S. citizens petitioning for a spouse or a minor child; visa entry through approved I-130 petitions banned for relatives of lawful permanent residents and parents, adult children, or siblings of U.S. citizens who do not already have visas. The Proclamation effectively bans new visa issuance but does not ban the filing, processing, or approval of family-based I-130 petitions or travel for beneficiaries with visas that have already been issued.
  • Individuals who have already arrived in the United States*
    • except that family reunification options may be affected as listed above.
  • Individuals with already-issued visas valid as of April 23, 2020
  • Anyone hoping to enter on an immigrant visa as a physician, nurse, or other healthcare professional who will work to combat COVID-19
  • Anyone hoping to enter through the EB-5 Immigrant Investor Program
  • Members of U.S. Armed Forces and their spouse and child(ren)
  • Children of U.S. Citizens who are under 21 or who are prospective adoptees looking to enter through IR-4 or IH-4 visas

As you can see, although the category for banned immigrants is broadly stated, this proclamation does not completely shut down the borders from entry. If you fall under one of the categories of unbanned immigrants, your immigration chances should not be affected.

If you want additional guidance, you can schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.

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