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Immigration Alert

President Trump issued a proclamation suspending entry of immigrants to the United States.

Who Does the Proclamation Apply To?

  • The proclamation applies to individuals seeking to enter the U.S. as permanent residents.

Example: An individual who outside the U.S. and who is the beneficiary of an approved I-130, Petition for Alien Relative but who has not obtained an immigrant visa stamping as of April 22, 2020.

This proclamation would apply, for instance, to the elderly parent of a U.S. Citizen who is awaiting their visa interview or who has attended their immigrant visa interview but has not yet received their visa stamping. This parent must now wait outside the U.S. and away from their U.S. citizen son or daughter for an additional 60 days. In this instance, it is likely that the spouses have been separated and living apart for a year.

Who Does the Proclamation NOT apply To?

  • A lawful permanent resident who is inside the U.S.;

  • A spouse of a U.S. citizen;

  • Physicians, nurses, healthcare professionals;

  • EB5 Investors;

  • The child (under the age of 21) of a U.S. citizen;

  • Members of the Armed Forces, their spouse, and children;

  • Special Immigrants (SI or SQ category), their spouses, and children.

How Long Is the Suspension?

  • 60 days.

Can the Proclamation Be Extended?

  • Yes, if the executive branch determines that extension is necessary to “protect U.S. workers,” an extension can be issued.

Can the Proclamation Be Modified?

  • Yes, within 50 days of issuance of the proclamation the administration could be modified.

What Would Modification Look Like?

  • A modification could expand or narrow the types of immigration suspended under the proclamation. Therefore, it is difficult to predict how the administration would modify the proclamation at this time. However, if the COVID-19 crisis continues to increase the U.S. unemployment rate, additional visa categories could be implicated in the suspension. Thus, Scarborough Law recommends that employers who are sponsors of employment-based nonimmigrants make strategic plans in the event that non-immigrant visas are implicated in any future modification of the suspension.