What Trump Really Meant
On Monday night, President Trump sent out a tweet indicating that he would “suspend” immigration. On Tuesday night during his regular briefing, he indicates that this would only apply to individuals seeking permanent residency into the United States. A lot of questions however still remained. Today, we actually get to see the Executive Order and here’s what he really meant.
When does this take effect?
11:59PM (Eastern Daylight Savings Time) on April, 23, 2020.
How long will this last?
60 days, but subject to review and possible renewal.
Who is affected?
Individuals seeking to enter the U.S. as immigrants (i.e., legal permanent residents, also referred to as “green card holders”) who meet the following:
- Are outside of the U.S. as of April 23, 2020 AND
- Do not have an immigrant visa in their passport issued by the U.S. Consulate or an official travel document such as a transportation letter, an appropriate boarding foil, or an advance parole document effective on April 23, 2020 or issued on any date thereafter.
Are there exceptions?
Who are exempt?
The suspension of entry into the U.S. does not apply to the following categories of people:
(i) any person already a lawful permanent resident (also referred to as “green card holders”) of the United States;
(ii) any person seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
(iii) any person applying for a visa to enter the U.S. pursuant to the EB-5 Immigrant Investor Program;
(iv) any person who is the spouse of a U.S. citizen;
(v) any person who is under 21 years old and is the child of a U.S. citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi) any person whose entry would further important U.S. law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(vii) any member of the U.S. Armed Forces and any spouse and children of a member of the U.S. Armed Forces;
(viii) any person seeking to enter the U.S. pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
(ix) any person whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
The above has been provided for informational purposes only. Please consult your Clark Lau LLC attorney to see how the above may apply to your particular circumstances.