Will the Presidential Proclamation of April 22, 2020 Affect My Family-Based Immigration Application?
On April 22, 2020, President Trump signed a Presidential Proclamation which temporarily suspends the entry into the United States of certain categories of immigrants in an effort to slow the spread of COVID-19, and to preserve jobs for American workers for a period of at least 60 days, but this may be extended for a longer period of time. The Proclamation takes effect at 11:59 PM EDT on April 23, 2020.
Q: I am a citizen and I have petitioned, or am planning to file a petition for my non-citizen spouse and/or children to immigrate to the United States. Does this policy prevent my spouse from obtaining a visa to enter the United States?
A: No. Spouses and children (under 21) of United States citizens are exempt from this policy.
Q: I am a lawful permanent resident and have filed a Petition for Alien Relative for a foreign national spouse. How does this policy affect me?
A: For at least 60 days from the effective date, your spouse will be unable to obtain a visa to enter the United States, even if your Petition for Alien Relative is approved.
Q: I am a foreign national, currently in the United States, and I am eligible to apply for adjustment of status to lawful permanent resident. Will this policy prevent me from getting a green card?
A: No. The policy only prohibits immigration by those who were outside the United States on 11:59 PM EDT on April 23, 2020.
Q: I am a citizen and I have filed a Petition for Alien Relative (I-130) for my foreign national parent, son or daughter over the age of 21, or sibling. Can they get a visa once the petition is approved?
A: Not for at least the next 60 days, pursuant to the Presidential Proclamation.
Q: Who determines whether I am exempt from this policy?
A: After the I-130 is approved and you apply for a visa at the consulate, the consular officer will determine if you are exempt.
Q: Are there other exemptions available?
A: There are other exemptions that are not directly related to family-based immigration applications. An immigration attorney can help you determine whether you or your family members qualify.
Q: What should I do if I have further questions about this policy, or anything else related to my immigration status?
A: Contact an experienced immigration attorney. The Mazza Law Group, PC, will remain up to date on all developments with the Presidential Proclamation and can assist you. Call 814-237-6255 for a consultation.
Disclaimer: The above is for informational purposes and should not be considered legal advice. If you have any questions, please contact your attorney.