The proclamation is effective Thursday, April 23, 2020 at 11:59 p.m. ET, expires in 60 days, and may be continued as needed. Within 50 days of the effective date, DHS and the Department of Labor will recommend that the President continue or modify the proclamation. Who is affected? The order suspends the entry of any person seeking to enter the United States as an immigrant (resident) who: ● Is outside the United States on the effective date of the proclamation; ● Does not have a valid immigrant visa on the effective date; and ● Does not have a valid official travel document (such as a bill of lading, boarding document, or advance parole document) on the effective date or issued on any later date that permits travel to the United States to seek entry or admission. Who is NOT covered by the proclamation? 1. Those who have already applied or will apply for adjustment of status in the United States; 2. Lawful Permanent Residents (LPR); 3. Visa holders and nonimmigrants. However, within 30 days of the effective date, nonimmigrant programs will be reviewed to determine if there are additional restrictions; 4. Physicians, nurses, or other health care professionals who will perform essential work to combat, recover from, or mitigate the effects of the COVID-19 outbreak (as determined by the Department of State and the Department of Homeland Security (DHS). 5. EB-5 immigrant investors; 6. Spouses of U.S. citizens; 7. Children of U.S. citizens under the age of 21 and prospective adoptive parents; 8. Individuals who advance important law enforcement objectives in the U.S. (as determined by DHS and DOS); 9. Members of the U.S. Armed Forces and their partners and children; 10. Individuals and their sponsors or children who are eligible for special immigrant visas as Afghan or Iraqi translators/interpreters or U.S. government employees (SI or SQ classification); 11. Individuals whose entry would be in the national interest (as determined by DOS and DHS); and; 12. Applicants for Asylum. Criteria. It is up to the consular officer to determine whether an individual falls within one of the exempt categories. Prioritized Removal. Individuals who evade the application by fraud, misrepresentation, or illegal entry will be prioritized for removal. If you have any questions, please contact us for a consultation on the facts of your case.
