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Recent Presidential Proclamation Explained by Immigration Attorney

Today’s discussion is on the presidential proclamation that went into effect on Thursday, April 23, at 11:59 PM.

The proclamation suspends entry of immigrants who present a risk to the US labor market during the economic recovery following the COVID-19 outbreak. This means that the proclamation only impacts people outside of the United States who don’t already have immigrant visas on their passports. More specifically, it suspends entry to any individual seeking to enter the United States as an immigrant who meets the following criteria:

  • The individual is outside of the United States on the effective date of the proclamation, which is April 23, 2020;
  • The individual does not have an immigrant visa on the effective date; AND
  • The individual does not have a valid official travel document on the effective date (an example of a valid official travel document is advance parole, transport action letter, or boarding foil) or issued on any date thereafter that permits travel to the United States to seek entry or admission.

There are many individuals who are exempt from the proclamation.

 

List of Exemptions

  1. Lawful permanent residents.
  2. Spouses and children under 21 of US citizens.
  3. Individuals and their spouses, or children seeking to enter the United States on an immigrant visa as a physician, nurse, or other health care professional to perform essential work to combat, recovering from, or otherwise alleviating the effect of the COVID-19 outbreak.
  4. Individuals applying to enter the United States under an EB-5 immigrant investor visa program.
  5. Individuals who would further help important U.S. law enforcement objectives (as determined by the secretary of state and the department of homeland security).
  6. Members of the U.S. armed forces, and their spouses and children.
  7. Individuals eligible for special immigrant visas as Afghan or Iraqi translators/interpreter or United States government employees, and
  8. Individuals whose entry would be in the national interest (as determined by the Secretary of State and the Department of Homeland Security).

This proclamation is discretionary, and it will be up to the consular officer to determine if an individual falls under any of the exempted categories.

Nonimmigrant visas are NOT included on the proclamation.

Those individuals seeking relief in the form of asylum, withholding of removal or under the convention against torture, are also NOT included on the proclamation.

The proclamation is set to last 60 days from April 23 and may be extended as deemed necessary.

The immediate impact of the presidential proclamation is relatively minimal because worldwide consulates and embassies are currently closed. However, immigration advocates across the nation expect that the long-term impact may very well be severe.

The news is ever changing, so please stay informed by checking our blog updates and social media announcements. PPID will continue to provide updates with the latest news.

Please consult with an immigration attorney if you have any questions regarding the proclamation or if it impacts you directly by dialing 212-203-4795.

 

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