News Proclamation Suspending Entry of Immigrants effectively eliminates Consular Processing for all those seeking to avoid I-485 delays

On April 22, 2020, Trump signed an order eliminating Immigrant Visa consular processing for 60 days. The order will go into effect on April 23, 2020 11:59 pm EST.

It focuses on visas and people entering the US from abroad. The proclamation broadly states that the entry into the US of aliens as “immigrants” is suspended. This means people seeking to come in as permanent residents (green card holders).  Non-immigrant categories and other categories of entrants are not affected.

The suspension covers the following people:

  • Who are outside the US on the effective date of the proclamation (11:59 pm on 4/23).
  • Who don’t have an immigrant visa valid on the effective date.
  • Who don’t have an official travel document (such as an advance parole document) other than a visa.

The following people are not covered and exempt:

  • Any lawful permanent residents (green card holders)
  • People seeking to enter the US on an immigrant visa as a physician, nurse, or other healthcare professional, to perform medical research intended to combat the spread of COVID, or to perform work essential to combating recovering from or alleviating the effects of the COVID-19 outbreak, as determined by DOS or DHS.
  • EB-5 immigrant investors
  • Spouses of US citizens
  • Children under 21 of US citizens or prospective adoptees
  • People who further important US law enforcement objectives, as determined by DOS or DHS
  • Members of the US Armed Forces or their spouses and children
  • Special Immigrants (including Iraqi and Afghani translators and religious workers)
  • People whose entry would be in the national interest as determined by DOS or DHS. Potentially, this could include EB-2 national interest waiver recipients.

It will be the consular officer who makes the determination if an individual is eligible for one of the exemptions stated above. The Department of State and the Department of Homeland Security may set the procedures to carry this out.

This order doesn’t impact people seeking asylum, refugee status, withholding of removal or protection under the Convention Against Torture.

The proclamation expires 60 days from April 23, 2020, but may be continued “as necessary”.

Please find here the official proclamation:  April_22_2020_Proclamation Suspending Entry of Immigrants