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Update on Trump Tweet: Immigration Applications within the U.S. are not Affected; Very Few Implications for Applications Abroad

Update on Trump Tweet: Immigration Applications within the U.S. are not Affected; Very Few Implications for Applications Abroad | Pelton + Balducci

As a response to his April 20, 2020 tweet, President Trump issued a Presidential Proclamation on Wednesday, April 22, 2020.

The proclamation halts the issuance of immigrant visas for individuals outside of the US for 60 days. The proclamation does not impact individuals inside the US.

The proclamation does not affect individuals who already have been issued an immigrant visa or lawful permanent residents who are outside the US.

The proclamation impacts only immigrant visas; nonimmigrant visas are not affected. The term “immigrant visa” has a very specific and limited meaning in immigration law. It refers only to visas allowing admission to the United States as a lawful permanent resident. This proclamation does not apply to individuals applying for visas for temporary admission to the United States (e.g., tourists, students, temporary employment, exchange visitors, etc.).

The following people who are applying for immigrant visas are exempt from the proclamation:

  • The spouse and minor children of US citizens and prospective adoptees entering pursuant to the IR-4 or IH-4 visa classifications;
  • Physicians, nurses and healthcare professionals and their spouse and unmarried minor children;
  • Individuals who will carry out research on COVID-19 or perform work related to COVID-19;
  • Individuals seeking to enter pursuant to the EB-5 Immigrant Investor Program;
  • Members of the US military and their spouses and children;
  • Individuals seeking to enter pursuant to a Special Immigrant Visa in the SI or SQ classification, and their spouse and children;
  • Individuals whose entry would further US law enforcement objectives; and
  • Individuals whose entry would be in the national interest.

Who is impacted by the proclamation?


Per the proclamation, for the next 60 days the State Department will not issue immigrant visas for:

  • the spouse and children of lawful permanent residents;
  • the parents, adult children, and siblings of US citizens; and
  • most employment-based immigrant visas.

However, due to the fact that consulates have been closed because of coronavirus concerns, the proclamation will have little impact on anyone.

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