With the new executive order taking effect on April 23, 2020, U.S. Citizens and foreigners alike are in a scramble trying to figure out if they will be affected by the halt in immigration. President Donald Trump had already hinted early in the week via Twitter that he would make such a move. But, what the world did not know was that this was already in review and that it would specify which groups and categories it would be applicable to.
Individuals Suspended from Entering the U.S.
The executive order suspends the entry of any person attempting to enter the United States as an immigrant who:
- Is overseas at the time of order came into effect
- Does not have an active immigration status on the effective date and
- Has no proper travel documentation (for example flight itinerary or advance parole documents) on the date or after the order came into effect that may allow travel into the U.S. for anyone seeking entry or admittance
Categories excused from the 60 Day Executive Order
The executive order gives immunity to the following:
- Legal Permanent Residents (LPR)
- Persons, and their spouses or children, attempting to enter the U.S. on an immigrant visa as a physician, doctor, nurse, or other healthcare experts; to execute medical research or other intended battling the escalation of the COVID-19; or to important work to fight, or recuperating or otherwise relieving the effects of the pandemic (as decided by the Secretaries of State and Department of Homeland Security (DHS) or particular officials.
- Persons applying to enter the U.S. under EB-5 immigrant investor visa program
- Children of U.S. Citizens under the age of 21 and future adoptees attempting to enter on an IR-4 or IH-4 visa status
- Individuals who would further vital law enforcement goals (as defined by the Secretaries of DHS and State based on the advice of the Attorney General (AG), or their respective authorities
- Members of the the U.S. Arm Forces, their children and spouses
- Individuals and their spouses or children who qualify for special immigrant visas as an Afghan or Iraqi translator/interpreter or U.S. Government worker
- Persons whose admission would be in the national interest
- Asylum seekers are not included in the order
The Executive Order Expires
A time period of 60 days has been given to this new executive order however within 50 days the Secretary of DHS shall consult with the Secretaries of State and Labor and will then provide advice to President Trump if and when should the order continue or be modified.
Speak with an Immigration Lawyer
If you or a family member is in a compromising situation because of the new temporary immigration ban do not wait any longer to speak with a legal representative. Though the suspension of immigration for 60 days may seem disheartening, don’t settle for the uncertain. Call The Gambacorta Law Office at 847-433-9303 to know more about the potential suspension and what that means for you.
