Summary of the April 22, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

WHO IS AFFECTED BY THIS PROCLAMATION?

  1. A major category of people who are affected by this are US Citizens who are petitioning for their parents, siblings, or adult children to enter the US as a Permanent Resident (Green Card).

If you are already inside the United States and your US Citizen family member is petitioning for your Permanent Residency, this DOES NOT affect you.

  1. This also affects Permanent Residents who are petitioning for their spouse or child to become permanent residents.
  2. It also stops individuals from receiving green cards to enter the U.S. through other means, such as employment or the EB-1 “extraordinary ability” category.

WHO IS NOT AFFECTED BY THIS PROCLAMATION?

  1. If you are already a Permanent Resident.
  2. If you are already inside the United States.
  3. Spouses and children under 21 of US Citizens can still receive green cards even if they are outside the United States.
  4. Medical professionals, including their spouse and children.
  5. If you are receiving a green card through the EB-5 program you will not be affected.
  6. Members of the US Military.
  7. Non-immigrant visas (Visitor visas, temporary workers such as H1B or H2A, Student visas etc).
  8. Asylum seekers.

HOW HAS COVID-19 ALREADY AFFECTED THE IMMIGRATION PROCESS?

Although the proclamation targets certain categories of people entering the United States on a temporary basis, everyone has already been impacted by widespread shutdowns due to COVID-19.  Here is what you need to know:

  1. Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow.
  2. The Department of State (DOS) intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19. U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least May 3, 2020, including in-person interviews and biometrics processing. USCIS staff will continue to perform duties that do not involve contact with the public and will provide emergency services for limited in-person situations.
  3. The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
  4. Despite these limitations, USCIS continues to accept and process applications and petitions, including applications requesting an extension or change of status.

WHAT IS OUR OFFICE DOING?

We are closely monitoring the situation and will reach out to clients with continued updates immediately.  Our office is currently receiving a high volume of questions about the U.S. government’s announcement of a temporary ban on immigration. We will respond to all inquiries as quickly as possible. Our attorneys and staff will continue to remain focused and we are here to assist you, despite the government announcement.

 

As always, we can be reached by calling (612) 465- 0060.