On Wednesday, President Trump signed a Proclamation Suspending Entry of Immigrants which will be effective today, Thursday, April 23, 2020. The suspension applies to individuals seeking permanent residence in the U.S., who, as of Wednesday, are outside of the United States, do not already have an immigrant visa and do not have official travel documents (not including visas). Nonimmigrant visa holders are not included in the proclamation, however it states that these will be reviewed within 30 days. 

The proclamation will effectively suspend the diversity lottery program and employment-based immigration as well as certain family-based immigration for those applicants who are outside of the U.S.

Specifically, those affected include individuals seeking immigrant visas who:

● Are outside the United States on the effective date of the proclamation;

● Do not have a valid immigrant visa on the effective date; and

● Do not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.

The following categories are EXEMPTED from the proclamation:

1. Lawful permanent residents (LPR)
2. Individuals and their spouses or children seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak 
3. EB-5 immigrant investor visa program
4. Spouses of U.S. citizens
5. Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa
6. Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)
7. Members of the U.S. Armed Forces and their spouses and children
8. Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
9. Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees)

For those that are seeking adjustment of status, change or extension of status in the United States, this proclamation should not affect your case.  

We are closely monitoring the situation and will reach out to clients who might be affected by the proclamation.  In case of an emergency, please contact our office.

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