Trump's COVID Visa and Green Card Restrictions - What You Need to Know

(Update December 31, 2020: President Trump extended these restrictions to March 31, 2021.) 

Yesterday, June 22nd, President Trump issued a new Presidential Proclamation suspending the entry of immigrants and some nonimmigrants (there are some exceptions, explained more below). 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. This is an extension of the travel ban from April 22nd with a few additional restrictions and bans. The original ban was only for 60 days; he has now extended that ban until December 31, 2020.

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. 

This order does NOT apply to:

1. U.S. citizen's spouse
2. U.S. citizen's children who are under 21 years old
3. Nonimmigrant visas such as fiance 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" 
8. Any green card application for an immigrant that is currently in the United States

This restriction DOES apply to:

1. Legal permanent resident's spouse
2. 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) case 
7. J1 nonimmigrant visas
8. Employment visas such as H-1B and L visas

Again, this does not apply to people already in the United States, but it will apply to anyone in the categories mentioned above that are overseas and applying at embassies abroad. 

If you already have a valid visa before the effective date, this does not apply to you. 

For diversity visa winners for 2020 who have not yet received their visas, they will NOT be able to get a visa because their case would need to be processed by December 30th, but the ban is in effect until December 31st. 

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 read the new travel restrictions here: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/?utm_campaign=Daily+Email+6.23&utm_medium=email&utm_source=autopilot​

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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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.