Immigrant Entry Into The United States Limited By Presidential Proclamation

By: Angelita Chavez-Halaka; Armando Escobedo; Gladys Gervacio; Jacqueline Valle

summary

On April 22, 2020, the United States President issued a proclamation to suspend the entry of certain immigrants for a period of 60 days effective at 11:59PM (ET) of April 23, 2020. The suspension may be extended after the 60-day period.

who is impacted by the 60-day suspension?

Individuals who meet all the following conditions on the suspension’s effective date may not enter the US for 60 days if they:

• Are outside of the US
• Do not have a valid immigrant visa
• Do not possess a valid travel document allowing entry into the US

People who hold valid immigrant visas, non-immigrant visas, and similar travel documents may still enter the US if they are outside of the country on the effective date. However, the proclamation mandates the Secretary of Labor and Secretary of Homeland Security to review nonimmigrant programs within 30 days.

what are the exceptions to the suspension?

In addition to individuals who already hold valid immigrant and non-immigrant visas or travel documents, some other notable exceptions to the presidential proclamation include:

• Any lawful permanent resident of the US
• Foreign nationals seeking to obtain US immigrant visas to work as physicians, nurses, or healthcare professionals, or workers who intend to perform functions necessary to combat the effects of the COVID-19 outbreak, including their spouses and children under 21 years old
• Foreign nationals applying for EB-5 visa category
• Spouses and children under age 21 of US citizens
• Members of the US armed forces and their spouses and children
• Others whose entry would be in the national interest

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