Apr
30
2020

Will the Presidential Proclamation of April 22, 2020 Affect My Family-Based Immigration Application?

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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.