President Trump has two (and only two) solutions to most of the country’s problems, no matter what the problem might be. His solutions are:
- Close the border.
- Ban foreign nationals from entering the U.S.
In line with Solution #2, he issued a new Presidential Proclamation that goes into effect late April 23. The Proclamation bans certain categories of foreign nationals seeking to enter the U.S. as immigrants which is the legal term for permanent residents or green card holders. It applies to such an individual who:
- Is outside the United States on the effective date of the proclamation;
- Does not have a valid immigrant visa on the effective date; and
- Does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.
The following categories of individuals are exempted from the proclamation:
- Lawful permanent residents (LPR);
- Spouses of U.S. citizens;
- Children of U.S. citizens under the age of 21;
- Prospective adoptees seeking to enter on an IR-4 or IH-4 visa;
- Healthcare workers and researchers, specifically individuals, and their spouses or children, 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;
- Individuals applying for a visa through the EB-5 immigrant investor visa program;
- Individuals who would further important U.S. law enforcement objectives;
- Members of the U.S. Armed Forces and their spouses and children;
- Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
- Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).
Who is not affected by this Proclamation (besides those exempted above)?
- Foreign nationals already inside the U.S. They can apply to extend, adjust or change their status, even to a green card holder or LPR;
- Foreign nationals with nonimmigrant visas. The vast majority of U.S. visas are nonimmigrant or temporary visas and include common categories such as students, exchange visitors, visitors or tourists, H-1B temporary workers, and many others. However, since foreign embassies are not currently open for visa interviews and travel to the U.S. is greatly restricted, most people cannot enter in a nonimmigrant category anyway. However, see below in “what might change?”
- Fiance/es. Fiancees are nonimmigrants – they are not included.
- Those applying for asylum, refugee status, withholding of removal or protection under the Convention Against Torture. However, the administration is making it nearly impossible to successfully apply for these forms of relief through other restrictive measures.
So Who IS Included?
- Family members other than spouses or minor children of U.S. citizens. Such family members include parents, siblings and adult children of U.S. citizens;
- Family members of current green card holders;
- Employment-based green card applicants who are outside the U.S. and do not fall into one of the exempted categories above.
USCIS will continue to process applications for visas in these categories but as long as these restrictions are in effect, U.S. consulates abroad will not issue immigrant visas to travel to the U.S.
What might change?
- The Proclamation lasts 60 days and can be continued or modified. Don’t be surprised if this becomes more restrictive.
- Nonimmigrant programs are to be reviewed in the next 30 days by the Secretaries of Labor, Homeland Security, and State, to consider other measures “appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.”
Expect more restrictions, and expect lawsuits opposing this Proclamation and any modifications.
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