Trump Administration Restricts Certain Immigrant Visas through the end of 2020

On June 22, 2020, President Donald Trump extended his executive order restricting the entry of certain individuals seeking admission into the United States as an immigrant. The order, originally effective from April 23, 2020 until June 23, 2020, was extended until December 31, 2020, effectively suspending immigration of certain individuals for the rest of the year. 

The President cites to disruptions to the economy and the U.S. labor market due to the COVID-19 outbreak as his reasoning for restricting immigration until 2021.

Who does the order apply to: 

The executive orders restrictions apply to any immigrant who:

• Is outside the U.S. on the effective date of the order, April 23, 2020;

• Does not have a valid immigrant on that date; and

• Does not have a valid official travel document on that date

This would affect many immigrants within the U.S. who seek adjustment of status through consular processing as they would have to depart the U.S. for their interviews.

Who qualifies for an exemption:

The following immigrants are not affected by the order:

• Lawful permanent residents (LPR)

• Individuals, and their spouses and children, seeking to enter the U.S. on an immigrant visa as a health care worker or medical researcher intending to perform work or research to combat the spread of COVID-19

• Individuals seeking entry into the U.S. with an EB-5 immigrant investor visa

• Spouses of U.S. citizens

• Children of U.S. citizens who are under the age of 21 or potential adopted children seeking to enter on an IR-4 or IH-4 visa

• Individuals who would further U.S. law enforcement objectives

• Members of the U.S. Armed Forces and their spouses and children

• Individuals and their spouses and children eligible for a Special Immigrant Visa as an Afghan/Iraqi translator/interpreter

• Individuals who would be in the national interest 

It is up to the discretion of the consular officer to determine if someone qualifies for one of these exemptions. Under the order, spouses and children of Lawful Permanent Residents and parents and siblings of U.S. citizens may not immigrate into the United States until January 1, 2021, as they would likely not qualify for any of the exemptions.

If you’re concerned about your family members who may be affected by this executive order or have any questions please contact us or call our office at (703) 385-1130 for a free consultation.

This post was written by Mariana Viera Lugo, Esq.

Disclaimer: The above post was created for informational purposes and for the general welfare of the public. The firm and its attorneys disclaim any liability, damages, or injury to an individual relying on this information, including any negative, adverse or unintended consequences. You should consult an experienced immigration or criminal attorney before taking action because each case is fact specific. Neither does this post create an attorney-client relationship.