Covid 19 and Trump Proclamation

On 4/20 President Trump tweeted that it would suspend immigration following Covid 19 without explaining how immigration is related to the government’s response to Covid 19.  Two days later, on 4/22, White House published Proclamation Suspending Entry of Immigrants.

Summary:  The proclamation becomes effective on April 23, 2020 at 11:59 PM (US EST) for 60 days, and it suspends the entry of any individual seeking to enter the U.S. as an immigrant until 06/22/2020.

Who it applies to:  Those who are abroad (outside of the US) applying for immigrant visas overseas through consular processing. 

Who it does not cover: 

·        Nonimmigrant visa holders (F-1, H-1B, I, J, O, E, L, P, R, TN, etc.)

·        Those who are processing green card cases in the US

·        Permanent Residents

·        Those who have received immigrant visa before 04/23

·        USC spouse and children under 21

·        EB5 immigrant investors

·        Healthcare workers and researchers

·        US military families, etc.

Conclusion:  Those who are in the process of obtaining an immigrant visa may not enter the US for 60 days.  However, there are many exceptions.  As the US consulates have been closed and are not issuing any visas since mid-March, the effect of this proclamation appears limited, but extension of suspension is a possibility.

Authority: Immigration and Nationality Act sections 212(f) and 215(a) and 3 U.S.C. section 301

Copyright. Judy J. Chang, Esq. All Rights Reserved.

The information contained in article is provided for general information only and should not serve as a substitute for legal advice.