Date Posted April 29, 2020

Clarification on Suspension of Immigration

The Wilson Immigration Department

Despite the President’s April 19 Twitter announcement that he was going to “temporarily suspend immigration into the United States,” the actual Proclamation issued April 22 does not apply nearly as broadly as many people feared.

The as-yet-unnumbered Proclamation went into effect on Friday, April 24th, and for 60 days, it places limits on the issuance of permanent residence (also referred to as “green cards” or “immigrant visas”) by United States Consular Offices abroad for first-time green card applicants. The effects of the Proclamation are not retroactive, no valid visas are to be revoked because of it, and near the end of the 60 days, the President will consider extending it.

Among the types of cases that should NOT be affected by the Proclamation are those similar to cases described below:

  1. A case where the foreign national is outside the United States but already has a green card.
  2. A case where the foreign national is outside the United States and about to apply (or recently applied) for a temporary visa to enter the US. (This would include K visas for fiancés of US citizens.)
  3. A case where the foreign national is outside the United States and will be applying for a green card online, selecting a time to go to the US consulate in, perhaps, Manila or Sydney for an interview, etc, BUT his/her case is not at the stage where the foreign national can do that yet because s/he is waiting for something else to be approved first, or for the visa backlog ahead of him/her to clear.
  4. A case where the foreign national is already in the United States and will be applying (or has already applied) for Adjustment of Status to become a Lawful Permanent Resident (as opposed to leaving the country and going through Consular Processing).

Of course the President may issue additional proclamations limiting the entry of foreign nationals in different (or even the same) groups. If and when this happens, Wilson Law Group will provide similar clarity for our clients and other readers.


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