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Welcome to Laws on Lockdown. This newsletter is designed to provide updates to our ever changing immigration laws in an easily understandable format. We hope you find it useful!
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Executive Order Updates
Late Monday night (April 20,2020) President Trump tweeted of his intentions to temporarily suspend immigration into the United States, throwing many families and businesses into a whirlwind of desperation and confusion. After about 48 hours of silence, an Executive order was signed and released to the public.
Let's take a quick look at the major points and see if the new order applies to your case.
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This does NOT apply to your case if...
- You are already in the United States
- Your visa has already been issued (before today)
- You intend to enter the United States as a Non-Immigrant
- You are the Spouse or child under the age of 21 of a United States CITIZEN
- You are already a United States Citizen or a Lawful Permanent Resident
- Other specialized exemptions - such as applicants for the EB-5 program, those visiting to fight COVID-19, and those whose entry would be in the national interest
This DOES apply to your case if...
- Your case does not fit a description above, mostly if:
- You have a pending IMMIGRANT work petition at a consular office
- You are waiting for an immigrant visa as the Parent, Adult Child, or Sibling of a US Citizen
What does it all mean?
In short, there is a 60 day ban for anyone who is included in this order to have their visas issued. This proclamation is in addition to previously authorized COVID-19 related (and non-related) travel bans. The president can (and most likely will) extend the 60 day period as he wishes.
Great! This doesn't seem to apply to me! Should I be worried?
Usually, I am the last person to encourage any sort of preemptive anxiety when there is so much change and uncertainty. However, it is important to know that the order includes a provision to allow non-immigrant visas to be evaluated within 30 days as well. Non-immigrant visa holders currently can not enter the United States under prior temporary bans, but the visa petitions can still be submitted. It is possible that this category, as well as any other excluded categories, will later be added to this immigration ban.
Remember...this is all very general information and every case is unique. If you have any questions regarding this order or your immigration case, make sure you speak with your lawyer!
The full proclamation can be found here
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