PRESDIENT TRUMP’S EXECUTIVE ORDER TO TEMPORARILY SUSPEND IMMIGRATION INTO THE U.S
WHAT YOU SHOULD KNOW
When does it go into effect?
On Wednesday, April 22, 2020, President Trump signed and released the following Executive Order to temporarily suspend immigration into the United States. This proclamation is effective at 11:59 p.m. E.D.T. on April 23, 2020.
Who the Executive Order DOES apply to:
Immigrants that are outside the United States on the effective date of this proclamation;
Those who do not have an immigrant visa that is valid on the effective date of this proclamation; and
Those who 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) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
The Executive Order DOES NOT apply to:
Any lawful permanent resident of the United States;
Any alien seeking to enter the United States 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, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
Any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
Any alien who is the spouse of a United States citizen;
Any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
Any alien whose entry would further important United States 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 member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
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; or
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 designees.
The Executive Order does not limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.
How will the Executive Order be implemented and enforced?
The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception referenced above.
An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.
When does this Executive Order expire?
This proclamation shall expire 60 days from its effective date (June 20, 2020) and may be continued as necessary.
Can this Executive Order be extended or altered? YES
Within 50 days from the effective date of this proclamation, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether President Trump should continue or modify this proclamation.
Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.
Does this change anything that is already in place? NO
Routine visa services at all U.S. embassies and consular posts around the world have been suspended as of March 20, 2020. U.S. embassies and consulates continue to provide urgent and emergency visa services as resources allow. The Department of State (DOS) intends to continue to process visa applications for farm workers and medical professionals assisting with COVID-19.
U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended in-person services through at least May 3, 2020, including in-person interviews and biometrics processing. USCIS staff will continue to perform duties that do not involve contact with the public and will provide emergency services for limited in-person situations.
The U.S. borders with Canada and Mexico are closed for non-essential travel until at least May 20, 2020.
With some exceptions, the entry of individuals who were present in China, Iran, the Schengen Area, the U.K., and Ireland, during the 14-day period before their attempted entry into the United States has also been suspended.
Despite these limitations, USCIS continues to accept and process applications and petitions, including applications requesting an extension or change of status.
Is the Executive Order a complete suspension on immigration? NO
Based on the language of this Executive Order, there will NOT be a complete halt on immigration. This Executive Order does not do anything that has not already been implemented due to Covid-19;
Immigrant and Nonimmigrant visa petitions are still being accepted;
U.S. consulates were already postponing the issuance of immigrant and nonimmigrant visas;
USCIS Field Offices were already postponing in-person interviews for Green Cards and Citizenship cases but are still reviewing emergencies on a case-by-case basis.
What GEB GLOBAL Is Doing?
We are closely monitoring the situation and will reach out to clients who might be affected by the anticipated Executive Order as soon as we know more. In case of an emergency, please contact the GEB GLOBAL, P.A. office at 305-967-6314, +1 786-4448418 by WhatsApp @GEBGLOBAL on Instagram and Facebook or email Info@geblegal.com
+1 (305) 967 6314