President Trump releases rule that suspends the entry of immigrants in the USA: find out if you will be affected

Released by President Donald Trump on April 22, the proclamation suspends for 60 days the entry of certain immigration applications into the United States.

The measure goes into effect on Thursday (April 23) at 23:59 (ET) and is temporary (initially valid for 60 days, which may be extended if the President deems it necessary). It does not have the effect of limiting or extinguishing existing immigration programs.

Who is affected?
The suspension applies only to foreigners:

  1. Who are outside the US on the effective date;
  2. Who do not have a valid Immigrant Visa on the effective date; and
  3. Who do not have a valid official travel document (for example advance parole document) on the effective date, or issued at a later date, which allows them to travel to the United States in search of entry or admission.

Who is not affected?

It is important to note that, among other cases, the measure does not apply to the following cases:

  1. Any temporary work visa;
  2. Who is applying for Adjustment of Status in the USA;
  3. Those who are already in the USA with a non-immigrant visa — that is, applications for extension or change of status made within the USA will continue to be processed normally, as well as work permit (EAD) applications;
  4. Applicants for the EB-5 visa;
  5. Individuals who are in the US National Interest (as applicants for EB-2 NIW);
  6. Individuals and their spouses and children under the age of 21 who wish to enter the USA on an immigrant visa as a doctor, nurse or other health professional to do essential work to combat, recover or alleviate the effects of COVID-19 (as determined by the Secretaries of State and Department of National Security, or their respective designees);
  7. Spouses of an American Citizen.

As this is a temporary measure, we recommend that all our clients continue to work normally in the preparation of their visa application cases.

It is important to remember that US Consulates have been closed since March 17, 2020, and visa applicants for immigrants or non-immigrants are already, in practice, experiencing delays in processing their applications.

The complete proclamation can be accessed here.

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