April 23, 2020

Entry into the U.S. Suspended for Certain Immigrant Visa Applicants for 60 Days

On Wednesday, April 22, 2020, President Trump issued an executive order suspending immigration from abroad into the United States for 60 days by individuals who do not already hold an immigrant visa as of 11:59 p.m. eastern daylight time on April 23, 2020.
 
The order does not apply to entry of non-immigrants (i.e., temporary work visa holders (e.g., H-1B, O-1, etc.) returning to the United States) or individuals already in the United States who are applying for adjustment of status to permanent residence, i.e., I-485 applicants.
 
Foreign nationals who are outside the United States, do not have a valid immigrant visa as of the effective date, and do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document), will not be admitted to the United States as immigrants (to become U.S. permanent residents).
 
The order does not apply to:

  • Physicians, nurses, or other healthcare professionals
  • Individuals performing medical research or other research intended to combat the spread of COVID-19
  • Individuals performing work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak
  • Spouses and children of U.S. citizens and those of the above foreign nationals
  • Lawful permanent residents
  • Members of the U.S. Armed Forces, and their spouses and children
  • Individuals whose immigration would be in the national interest

For a full list of exceptions, please see the Executive Order. The order will expire in 60 days, but could potentially be extended.
 
As U.S. Embassies and Consulates have already suspended immigrant visa interviews due to COVID-19, this order re-affirms that those without immigrant visas as of the time of the order face suspension on entry for 60 days. 

U.S. travel and immigration policies are likely to continue to change in the coming days as part of the global COVID-19 response. Sostrin Immigration Lawyers will continue to keep you up to date through regular announcements. For more information about the coronavirus, please see the CDC’s website.