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April 22, 2020 Executive Order Temporarily Suspending Some Immigration

The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), expires in 60 days and may be continued as necessary. Within 50 days from the effective date, DHS and the Department of Labor shall recommend whether the President should continue or modify the proclamation.

The order suspends the entry of CETAIN individual seeking to enter the U.S. 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 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.

People exempted from this proclamation:

  1. Those that have already applied or will apply for adjustment of status in the U.S.;
  2. Lawful permanent residents (LPR);
  3. Spouses of U.S. citizens;
  4. Children of U.S. citizens under the age of 21 and prospective adoptees;
  5. Nonimmigrant visa holders and applicants; However, within 30 days of the effective date, nonimmigrant programs will be reviewed to determine whether additional restrictions will be added.
  6. Physicians, nurses, or other healthcare professionals coming to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by Dept. of State and DHS).
  7. EB-5 immigrant investors;
  8. Non-immigrant pursuant to C-1, D, or C-1/D nonimmigrant visa as crewmember or any alien traveling as air or sea crew;
  9. Individuals who would further important U.S. law enforcement objectives (as determined by DHS and DOS);
  10. Members of the U.S. Armed Forces and their spouses and children;
  11. 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);
  12. Individuals whose entry would be in the national interest (as determined by DOS and DHS); and;
  13. Asylum seekers.

Discretion: It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories.

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