Understanding President Trump's Proclamation on April 22, 2020 and Update from USCIS

April 30, 2020

 

On April 22, 2020, President Trump issued an Executive Order regarding Immigration in the United States. This Order will come into effect April 23 at 11:59 p.m. and be in effect for the next 60 days.

 

The order Applies to the following:

1) Immigrants who are outside of the U.S when the Order takes effect;

2) Those who do not have an immigrant visa that is valid on the effective date;

3) Those who do not have an official travel document that is valid on the effective date of the Order and or issued on any date during the next 60 days that allows him or her to travel to the United States and seek entry or admission. The only documents that permit entry are visas, a transportation letter, an appropriate boarding foil, or an advance parole document.

But there is good news, The order Does Not Apply to:

1) Any lawful resident of the U.S. and Member of the US Armed Forces;

2) Any Alien seeking to enter the U.S on an immigrant visa as any healthcare professional to perform research on COVID-19 in the U.S. or perform work essential to combating and alleviating the COVID-19. And any spouse and unmarried child under 21 years old of any such alien who is accompanying to join the alien;

3) An alien applying for a visa to enter the U.S. pursuant to the EB-5 Immigrant Investor Program;

4) Any alien spouse of a U.S Citizen;

5) Any Alien who is under 21 years old and a child or prospective adoptee of an United States Citizen;

 

6) Any Alien who is important to the U.S law enforcement objective and National Interest as determined by Secretaries of DHS and State based on recommendation of the Attorney General, or their respective designees;

7) Individuals and their spouses or children eligible for Special Immigrant Visa as an Afghanistan or Iraqi translator/interpreters or U.S. Government Employee (SI or SQ classification);

This should not individuals seeking asylum, refugee status, withholding of removal, or protection under the Convention against Torture and other cruel inhuman or degrading treatment or punishment consistent with the laws of the U.S.

This does not stop consular processing and the consulate must determine whether the individual has established his or her eligibility.

Nonimmigrant visa holders are not included in the proclamation, but the president's main objective is to get the US economy back on track and provide “ the prioritization, hiring and employment” of U.S employees. So the order states that within 30 days of the effective date, the secretaries of Labor and DHS, in consultation with Secretaries of State, shall review non-immigrant programs and recommend to the President other appropriate measures to stimulate the US Economy.

If you have any questions regarding your status and how this order applies to your situation, you should always speak with any attorney to assist you through this process. If you would also like to apply as you classify as an exemption from this order, give us a call and we can assist you in initiating this process in these difficult times. We can be reached at (305) 615-1005. We look forward to hearing from you.

 

 

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