COVID-19 Impact of President Trump's Immigration Executive Order of 22 April 2020

M. Gabriela Ungo • April 23, 2020

On April 22, 20202, President Trump issued an Executive Order temporarily suspending the entry of certain immigrants who are outside the United States. This proclamation becomes effective 23 April 2020 from 11.59pm EDT, and shall expire 60 days after its effective date i.e. on 22 June 2020 from 11.59pm EDT, unless President Trump opts to continue or modify the proclamation beforehand.

This new order applies only to consular processing of immigrant visas of individuals currently outside the United States and will not impact applications for adjustment of status (green cards processed within the United States). It also provides a list of exceptions:

  • all lawful permanent residents (current green card holders);
  • individuals who have an immigrant visa that is valid on the effective date;
  • spouses of US citizens;
  • minor (under age 21) children of US citizens or prospective adoptees of US citizens;
  • individuals who have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits travel to the United States and seek entry or admission;
  • physicians, nurses, or other healthcare professionals who will perform medical research or other research intended to combat the spread of COVID-19;
  • individuals applying for visas under the EB-5 Investor program;
  • individuals whose entry would further important United States law enforcement objectives, based on a recommendation of the Attorney General or whose entry would be in the national interest;
  • members of the US Armed Forces, and their spouse and/or children; and
  • certain special immigrants and any spouse and children of any such individuals.
This proclamation does not limit the ability for individuals to seek asylum, refugee status, withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

These are answers to most questions we have received regarding President Trump's COVID-19 immigration related 4/22/2020 order.

Will this order restrict the ability to file immigrant visas (green cards) for family members or company employees?

This order does not restrict the ability to file green card or immigrant petitions or applications with USCIS, and will only impact entry and visa issuance of the affected immigrants. 

I am in queue for an immigrant visa appointment at the U.S. Consulate. How will my case be impacted?

Most U.S. Embassies and Consulates are around the world are closed due to the COVID-19, except for emergency situations. The impact of this order as it is currently drafted should be minimal for most applicants who are outside the United States, unless your case does not fall under the exceptions and you have an emergency. 

My Provisional Waiver was approved and I am now in queue for an immigrant visa. What is the impact of this proclamation on my case?

Most immigrant visa applicants are outside the United States during the entire green card process. Provisional Waiver applicants can remain inside the United States until they receive an immigrant visa interview appointment. You case is not affected by this order, it is affected by the COVID-19 pandemic measures however. Like all applicants for immigrant visas worldwide, your case will experience more delays.

Will this order restrict the issuance of employment based temporary (non immigrant) visas?

This order does not restrict the issuance of employment based nonimmigrant visas, such as E-2, H-1B or L-1 visas, or individuals’ entry on other nonimmigrant visas such as B-2. However, it does indicate that we should expect an update and review of non immigrant programs and may "issue measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers". We will keep our readers updated.

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