Trump Stops Green Card Applications From Abroad: What You Need to Know

(Update December 31, 2020: President Trump extended these restrictions to March 31, 2021.) 
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Yesterday, April 22, 2020, President Trump issued a new Presidential Proclamation stopping green card applications from abroad during the coronavirus (COVID-19) pandemic and economic downturn. Here is what you need to know about how this travel restriction and suspension may apply to you and your family and what you can do. 

The immigration ban applies to immigrant (green card) applications processed at embassies outside the United States. It restricts ALL nationalities. If you have an immigration case currently pending or considering starting one, a good place to start is to know whether this new rule even applies to you as there are many exceptions. 

Here is a brief breakdown of who are affected: 
 
This order does NOT apply to:

1. A U.S. citizen's spouse
2. A U.S. citizen's children who are under 21 years old
3. Nonimmigrant visas such as fiancee visas, student visas, etc. 
4. EB-5 Investor applicants
5. Any member of the Armed Forces and their family
6. Any entry that would be in the "national interest"
7. Any entry that would "further important United States law enforcement objectives" 

One important note is that this rule ONLY bans immigrants that are outside of the United States and are applying for an immigrant visa (green card application) via an embassy. This is also known as consular processing. In other words, if you are an immigrant or legal permanent resident in the United States who has a current application pending with USCIS or needs to apply for an immigration benefit, this restriction will NOT apply to you. 

So, let's get to who it actually applies to.

This restriction DOES apply to:

1. A legal permanent resident's spouse
2. A U.S. citizen's children over 21 years old
3. U.S. citizen's parents
4. U.S. citizen's siblings 
5. Diversity Lottery applicants  
6. Any other immigrant (green card) applicant

 
Things are evolving. For now, the rule is for the next 60 days, which may be extended as the situation with the coronavirus continues or changes. It also depends on how aggressive the government wants to be against immigration during the economic downturn. 

We still do not know how the embassies will implement this new rule. Every immigration case is different, there is no single answer to every case. Because the coronavirus (COVID-19) pandemic travel and immigration restrictions change regularly, it is best to consult with an immigration attorney about your best options and strategies. 

Here at ImmigraTrust Law, we are happy to help you with your case and with navigating these uncertain times. ​For additional questions, please contact us at www.ImmigraTrust.com or by calling (949) 424-2045. Please subscribe to our Facebook page for updates! 

You can find additional information here about this new restriction here: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/
 
For more information on other immigration topics, please visit our articles page. 

Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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