Home » Immigration Law » To whom does the presidential order suspending immigration apply?

Effective at midnight tonight (12:00 a.m. on April 24, 2020), President Trump has issued an executive order suspending certain types of immigration for 60 days. Although this may sound alarming, there are large categories of immigrants who are not affected at all.

The order applies to people who are currently OUTSIDE THE U.S. and who are seeking immigrant status (to live and work in the U.S. permanently).

It does not apply to those seeking non-immigrant status (a temporary immigration visa). However, the order leaves room for a modification in 30 days to address people seeking non-immigrant status.

People who are already INSIDE THE U.S. are not affected. Even if you have a family- or employment-based petition or a pending adjustment of status to permanent resident, you are in the clear from this order as long as you are INSIDE THE U.S.

Even if you are outside the U.S. on 4/24/20, you may not be affected

You are unaffected by this executive order if:

  • You already have a valid immigrant visa in your passport as of April 24, 2020
  • You already have a travel document other than a visa (such as an advance parole) that allows travel into the U.S.
  • You are a lawful permanent resident (green card holder)
  • You are coming to the U.S. on an EB-5 investor visa
  • You are coming to the U.S. as a doctor, nurse or healthcare professional to research or combat COVID-19 (your children under 21 are also clear)
  • You are the spouse of a U.S. citizen, no matter what your visa type
  • You are the unmarried child, under 21, of a U.S. citizen or you are a prospective adoptee seeking admission as the child of a U.S. citizen
  • You are seeking refugee status or asylum
  • You are seeking protection under the Convention Against Torture or relief from other cruel, inhuman or degrading treatment or punishment

There are other people who are unaffected by the order, but their situations are less common. If you are interested in whether your specific situation is covered by the executive order, please inquire.

When will the executive order end?

The executive order is set to terminate in 60 days, but it leaves room for extensions, as necessary. When this would be necessary is not defined in the order.

So, there you have it. We hope you are all well and staying safe. Let us at Yew Immigration Law Group know if you can help you or if this executive order affects your case.