Trump’s Immigration Proclamation 2020

Who is affected by the second Immigration proclamation?

Currently, both proclamations are said to be in effect until the end of 2020.

First, the affected people are people who are outside the US on the date the proclamation went into effect (June 24, 2020), and who did not have valid non-immigrant H1B, H2B, J (most) or L visas or other documents (a boarding foil, advance parole) authorizing them to enter the United States.

Also, the second proclamation extended the validity of the first one, and as such, it affected most immigrants seeking to enter the United States. As you may recall, the first proclamation, likewise affected those who on the date of it coming into effect did not have valid immigrant visas or other documents authorizing them to enter the United States.

The following groups of Immigrants were not affected by the first proclamation, and as such not affected by the second one:

• Lawful permanent residents (if one already had a green card, he/she will not be affected by any of the proclamations).
• Spouses and children (under 21 years of age) of United States citizens
• Individuals whose entry will be in the national interest
• Military members and their families
• Workers who are entering to work in the healthcare sector, and their dependents
• Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S.
• Government Employee (SI or SQ classification)
• EB 5 investors will not be affected
• Asylum seekers, applicants for refugee status, withholding of removal and relief under Convention Against Torture are not affected

To this list, the second proclamation carved an exception to the aging out children of the lawful permanent residents: as such, they will not be affected!

The most affected parties here would be DV lottery winners: the United States Immigration laws are very strict with regard to when a DV lottery win may come to the US: only within the relevant fiscal year. If he/she cannot enter the US within this time, then his/her green card is lost forever. The only option for DV lottery winners would be to adjust their status in the United States. For this to happen, however, a person has to reside in the United States in lawful non-immigrant status and be “adjustable”: not to have bars of inadmissibility that would prevent a person from receiving the green card.

Parents and siblings of US citizens, adult children, married children of the US citizens, spouses of the green card holders, adult children of green card holders, most work-related immigrants also cannot enter the United States until the end of 2020. It means that if these groups of people did not have valid visas on relevant days, they will not be able to get such a visa until the end of 2020. If such persons had visas, but could not use them due to COVID-19, then once the travel resumes, they will be able to enter. The same goes for the DV lottery visa holders.

The following non-immigrants are affected by the Second Trump’s Immigration proclamation:

Those who on the date of the proclamation did not have valid visas, and were outside the United States and did not have valid travel documents (advance parole for example) and who want to enter the United States in H1B, H2B, J (an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien) and L status. Note that if on the date the proclamation went into effect, a person had the valid visa, even if that visa was already used to enter the US before, he/she is not affected! Also, visa-exempted Canadians seeking to enter the US in H1B1, H2B, L or most J-1 status will not be affected. Also, the following individuals will not be affected by the second proclamation:

1. any lawful permanent resident of the United States;
2. any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
3. any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
4. any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

The proclamation further promises to undertake measures barring individuals with final orders of deportation from receiving work permits, as well as persons who are inadmissible or deportable, and whose who have certain criminal arrests, charges, and convictions. As of the date of publication of this article, now such known measures have been implemented.

As such, K, F, O, P, TN visa/status seekers are not prevented from coming to the United States, as well as B, tourists/guests. Also, the following individuals are exempt: those who are critical to the defense, law enforcement, diplomacy, or national security of the United States; are involved with the provision of medical care to individuals who have contracted COVID-19 and are currently hospitalized; are involved with the provision of medical research at United States facilities to help the United States combat COVID-19, or are necessary to facilitate the immediate and continued economic recovery of the United States.

The text of the proclamation does state that its validity may be modified after the first 30 days of its coming into effect.

If you need help with United States Immigration laws, contact our New York Immigration lawyers to reserve a confidential consultation by calling 917-885-2261 or by booking it here.