- Ashenberg Law Group
60-Day Suspension of Entry into the United States for Immigrant Visa Applicants
On April 22, 2020, President Trump issued an executive order suspending immigration from abroad into the United States for 60 days for individuals who do not already hold a valid immigrant visa as of April 23, 2020 11:59 p.m. EST.
Foreign nationals who are outside the United States, do not have a valid immigrant visa as of the effective date, and do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document), will not be admitted to the United States as immigrants (to become U.S. permanent residents). The order will expire in 60 days but could potentially be extended.
The order does not apply to:
Lawful permanent residents of the U.S.;
Any alien seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform research or 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 children under 21 years old of any such alien;
Any alien applying for a visa to enter the U.S. pursuant to the EB-5 Immigrant Investor Program;
Any alien who is the spouse of a U.S. citizen;
Any alien who is a child of a U.S. citizen under 21 years old, or is a prospective adoptee seeking to enter the U.S. pursuant to the IR-4 or IH-4 visa classifications;
Any alien 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;
Any alien who is a member of the U.S. Armed Forces, and any spouse and children under 21 years old of any such alien;
Any alien seeking to enter the United States 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; and
Any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designee.
The order does not apply to individuals seeking nonimmigrant visas (eg. F-1, H-1B, L-1, etc.), whether filed from within the U.S or from abroad, or individuals already in the United States who are apply to adjust status to permanent resident status (i.e. I-485 applicants).
As U.S. Embassies and Consulates have already suspended immigrant visa interviews due to COVID-19, this order reasserts that those without valid immigrant visas as of the time of the order face suspension on U.S. entry for 60 days.
The Executive Order can be found here.
Due to the ongoing response to the coronavirus pandemic, U.S. travel and immigration policies are likely to continue changing in the coming days. We will continue to keep you updated through announcements.
In case of emergency, please do not hesitate to contact us!