23 April 2020

Following on from his promise to temporarily suspend immigration into the US, on 22 April 2020 President Trump exercised executive authority to implement this suspension with a high number of exceptions. This new proclamation will become effective on 23 April 2020 from 11.59pm EDT (24 April 2020 from 04.59am BST) (‘the effective date’).

The entry of immigrants into the US, who are outside of the US on the effective date of the proclamation, is suspended. This new order applies only to consular processing of immigrant visas and will not impact applications for adjustment of status. The exceptions to this proclamation are as follows:

• individuals who have an immigrant visa that is valid on the effective date;
• individuals who have an official travel document other than a visa (e.g. transportation letter, advance parole document) that is valid on the effective date or permits the individual to travel to the US to seek admission;
• lawful permanent residents of the US;
• individuals applying for visas or entry to the US as a physician, nurse, healthcare professional, or other individuals performing medical research or other essential work to combat the spread of COVID-19, or the spouses and unmarried children under the age of 21 of such individuals;
• individuals applying for visas under the EB-5 Investor program;
• spouses of US citizens;
• minor (under age 21) children of US citizens or prospective adoptees of US citizens;
• individuals whose entry would further US law enforcement objectives based on a recommendation of the Attorney General or whose entry would be in the national interest;
• members of the US Armed Forces, and their spouse and/or children; and
• certain special immigrants.

The consular officer, Secretary of State and Secretary of Homeland Security shall be responsible for determining, in their discretion, whether an individual has sufficiently demonstrated their eligibility for one of the exceptions above. This proclamation does not limit the ability for individuals to seek asylum, refugee status, withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Importantly, the order does not restrict the issuance of nonimmigrant visas, such as L-1 or E-2 visas, or individuals’ entry on nonimmigrant, though it does indicate that we should expect an update on nonimmgirant visas within 30 days. Also, it should be noted that this order does not restrict the ability to file immigrant or nonimmigrant petitions or applications with USCIS, and will only impact entry and visa issuance of the affected immigrants.

As US Embassies and Consulates are around the world are closed due to the COVID-19, the impact of this order as it is currently drafted will be minimal. This proclamation shall expire 60 days after its effective date i.e. on 22 June 2020 from 11.59pm EDT (23 June 2020 from 04.59am BST), unless President Trump opts to continue or modify the proclamation beforehand.

If you have any queries relating to the proclamation, the travel bans, or any other UK or US immigration queries relating to COVID-19, please visit our comprehensive FAQs page or contact a member of the team at Laura Devine Immigration or enquiries@lauradevine.com.