Here’s What We Know Executive Order Summary of President Trump of April 22, 2020:
* In general, the order only affects foreigners outside the USA who wish to immigrate to the USA with a green card (permanent resident).
* The Order will have a temporary validity of 60 days and will take effect on April 23, 2020 at 11:59 pm EST.
* Individuals who have or want to apply for temporary visas of non-immigrants such as L, E, H, O, R, among others, will not be impacted. However. Nonimmigrant visas, such as tourist visas and fiancée visas are not included in the suspension. The Order comments that these cases will be revisited in 30 days and news may arise.
* The exceptions are many. Among them we highlight those who have already had their green cards issued or have travel authorization (advance parole), those who are obtaining a green card via EB-5 investment, those who are of national interest to the USA, wives and children under the age of 21 American citizens, as well as medical professionals, including researchers and scientists. Military members and their spouses and children are also exempted.
* For those with cases pending inside the United States with USCIS, the order does not mention any prohibition on those processes. This includes Naturalizations, Adjustment of Status, Family Petitions (I-130), Asylum, Violence Against Women (VAWA), U-Visas, and T-Visas.
Fact
- 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. 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.
- The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
- With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.
- Despite these limitations, USCIS continues to accept and process applications and petitions, including applications requesting an extension or change of status.
What Is AILA Doing
The American Immigration Lawyers Association (AILA) has urged the Administration to implement rational, policy-based measures during this national crisis. AILA previously sued USCIS seeking the immediate suspension of immigration benefit deadlines and the maintenance of status for nonimmigrants in the United States amid the COVID-19 pandemic. AILA is closely monitoring the situation, and will post any updates immediately on AILA.org.
What Our Office Is Doing
We are closely monitoring the situation and will reach out to clients who might be affected by the anticipated Executive Order as soon as we know more.
For a consultation, please call (305) 444-0099
