Hope you are all well. Here is a summary of today's Executive Order Suspending Immigration.
What is the Order?
The order suspends immigration INTO the United States for 60 days, effective midnight on 4/23/2020 (12 a.m. on 4/24/2020).
As a Group, Those in the U.S. are Excluded From the Order
The order only applies to those who are outside the U.S. on 4/24/2020 and seeking to come into the U.S. as an immigrant (seeking to live and work in the U.S. permanently). Therefore,
as a group, those who are already INSIDE the U.S., are not affected by the order. If you have a family or employment based petition or if you have a pending green card application for permanent residence ("adjustment of status"), and you are INSIDE the U.S. (no matter based on work or on a family relationship), you're in the clear of this Executive Order.
If you are OUTSIDE the U.S. on 04/24/2020, the Executive Order Does not Apply to Certain Immigrants or Intending Immigrants
If you are OUTSIDE the U.S. on 04/24/2020, you are also in the clear of this Executive Order if:
- You have a valid immigrant visa in your passport on this date.
- You have some sort of a travel document other than a visa, such as an advance parole (issued on this date or a future date that allows travel into the U.S.).
- You are a lawful permanent resident (you have a green card).
- You are coming to the U.S. on an immigrant visa as an EB-5 investor.
- You are coming to the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional to perform research work to combat COVID-19 (and your dependent spouse or children under 21 years old)
- You are a spouse of a U.S. citizen (no matter the visa type)
- You are an unmarried child under age 21 of a U.S. citizen or a prospective adoptee seeking admission as a child of a U.S. citizen
- You are seeking refugees status, asylum, withholding or removal, protection under Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- (other categories not common to what we do but we can certainly discuss with you if you wish to inquire)
Non-Immigrants Not Covered
As written, the Executive Order does not cover non-immigrants. But the order does leave room for modification in 30 days to address non-immigrant categories.
The order will terminate after 60 days from the effective date, but it also leaves room for extension as necessary, which was not defined.
So there you have it.
Let us know how you're doing, and if we can help you regarding your situation and whether the order affects your case.
Your team at
Yew Immigration Law Group, a P.C.