Executive Order Update

President trump signed an executive order Wednesday, April 22, 2020 which temporarily suspends immigration into the United States for 60 days.  The stated goal of the measure is to protect the American job market. Understandably, this has caused a lot of stress and concern during a time that has already been challenging due to the Coronavirus.

WHO DOES THE ORDER APPLY TO?

1. People who are outside the US on April 23, 2020;
2. People who do not have an immigrant visa that is valid on April 23, 2020; and
3. People who do not have an official travel document other than a visa (such as a transportation letter or an advance parole document).

WHO IS EXEMPT?

1. Lawful permanent residents (green card holders);
2. Physicians, nurses, and other healthcare professionals (and their spouses and children) if they are coming to the US to aid in the COVID-19 outbreak.
3. Spouses and unmarried children (but not parents) of US citizens;
4. Any member of the US Armed Forces and their spouse and children;
5. EB-5 Investors;
6. Certain Special Immigrants and certain and
7. “Any alien whose entry would be in the national interest or 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;”

HOW LONG WILL THE EXECUTIVE ORDER BE IN EFFECT?

The executive order will remain in effect for a minimum of 60 days and may be extended. Within 30 days of April 22, 2020, the Department of Labor, Department of Homeland of Security and the State Department will be reviewing current visa programs and making additional recommendations.

TAKEAWAYS

1. It does not affect those who are applying for immigration benefits in the U.S. including extensions of stay, changes of status and adjustment of status. Meaning, it does not impact those who have cases pending with USCIS in the U.S. right now.
2. It does not apply to those seeking asylum.
3. If you need information on your particular case, the best thing to do is talk to an immigration attorney.

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