What is the Immigration Executive Order?
As of April 23, 2020, at 11:59 p.m. eastern time, and an executive order signed by President Trump has gone into effect and suspends immigration into the U.S. for 60 days. Although the executive order does not impact all areas of immigration, it’s essential to know the facts and how it could impact your immigration case.
Why Did President Trump Sign The Executive Order?
In the effort to alleviate job competition between American workers and foreign workers, President Trumped deemed it necessary to protect the jobs of American workers during the COVID-19 pandemic by suspending immigration.
Understanding Trump’s Executive Order
What
New Immigration into the US is suspended for 60 days for some categories of people who are not in the U.S. right now.
Who Is Included
People outside of the US right now, who don’t already have a visa on 4/22/20, who want an immigrant visa
Who Is NOT Included
- Spouses and children under 21 of US Citizens
- Green card applicants already in the USA
- US Military members, spouses, and children
- Lawful Permanent Residents or “Green Card Holders”
- Medical professionals and scientists working on Covid-19
- EB-5 Investors, National Interests Visa applicants
- SI or SQ special immigrant categories
- Adoptees in the IR-4 or IH-4 categories
- Non-Immigrants
Who Does the Executive Order Impact?
The executive order directly impacts those who are currently living outside of the United States.
You will not be permitted to obtain a green card if:
- You are a parent, adult child, or sibling of a U.S. citizen seeking a family-based green card.
- You are seeking an employment-based green card. Some exceptions may apply. Speak to an experienced immigration attorney about whether or not the type of green card you are seeking is included as an exemption.
Who Is Exempt From the Executive Order?
You may be exempt from the executive order if:
- You are already involved in adjustment of status proceedings.
- You are living outside of the United States, but you already have an immediately available visa, and your passport is valid and stamped.
- You are married to a U.S. citizen.
- You are under the age of 21 and are the child of a U.S. citizen.
- You are coming to the U.S to work as a medical professional (doctor, nurse, etc.), or conducting medical research. You are also permitted to live and work in the U.S. if you involved with COVID-19 relief efforts.
- You are a member of the armed forces. Your spouse and children are permitted to remain with you in the U.S. under the executive order.
- You are considered to be eligible for a special immigrant visa.
Will the Executive Order Extend Beyond 60 Days?
There is no guarantee that the executive order will be lifted once the 60-day period has ended. The proclamation will be reviewed again after 30 days by the Secretary of Labor, the Secretary of Homeland Security, and the Secretary of State to make the determination if any changes or an extension will be needed.
Contact a York Immigration Lawyer
Understanding your rights under immigration law can be challenging, especially since the laws can change so quickly. If you are concerned about how the new executive order might impact your immigration case, we are here to help you.
Contact The Law Office of Rosina C. Stambaugh today at 717-900-1818. Our highly experienced immigration attorneys are here to guide you and answer your questions and ease your concerns.
