Tag Archives: Presidential Proclamation

COVID-19 Update: Some U.S. Consulates & Embassies Suspend Operations Until Further Notice

The COVID-19 outbreak has led some U.S. Consulates and Embassies to suspend or cancel visa interviews and stop issuing visas. These changes came after the United States added more travel restrictions to curb the global spread of the novel coronavirus.

A March 18, 2020 statement, titled Suspension of Routine Visa Services, from the U.S. Embassy & Consulate in the Republic of Korea, states: “In response to worldwide challenges related to the outbreak of COVID-19, the Department of State is suspending routine visa services in all countries with a level 2, 3, or 4 U.S. Department of State travel advisory. ” The reasons for travel warnings may range from COVID-19 outbreaks to wars to high crime rates.

Visa applicants must verify the availability of visa interviews at the U.S. Consulate or Embassy that has jurisdiction to review and process their visa request.

For example, a March 13th alert on the U.S. Embassy & Consulates in Canada website states that as of March 17, 2020, it is cancelling all routine nonimmigrant visa appointments.  It adds, “The Consulate General in Montreal continues to process immigrant visas but depending on staffing capacity and host government restrictions, may need to reduce routine immigrant visa appointments.  We are monitoring the situation closely and will notify applicants as quickly as possible should it be necessary to reschedule.” It states routine nonimmigrant visa services will resume as soon as possible, but provides no specific date at this time.

A March 13th alert on the U.S. Embassy & Consulates in India website, notes “U.S. Mission India posts, in light of the global COVID-19 pandemic, are cancelling immigrant and nonimmigrant visa appointments from March 16, 2020, onward. Your visa appointment stands as cancelled. Once Mission India resumes regular consular operations, appointments will be made available and you will be able to reschedule.”

Earlier on February 3, the U.S. Embassy in Beijing and U.S. Consulates in Chengdu, Guangzhou, Shanghai and Shenyang cancelled routine immigrant and nonimmigrant visa appointments.  They have yet to provide a specific date on when routine services will resume.

Each U.S. Embassy or Consulate will make its own decision on whether to suspend visa services, absent a clear directive from a higher authority.

Presidential Proclamations Related to COVID-19

On Friday, March 13, President Trump declared a National Emergency concerning the Novel Coronavirus Disease (COVID-19) Outbreak. See full text here.

The Presidential Proclamations restricting travel related to the COVID-19 outbreak include:

January 31 Proclamation suspending entry to the United States of most foreign nationals who traveled to China within the past 14 days. The proclamation took effect on Sunday, February 2.  Read the full text of here.

February 29 Proclamation suspending entry to the United States of most foreign nationals who were physically present in Iran during the 14-day period preceding their entry or attempted entry into the United States.  The proclamation took effect on Monday, March 2.  Read the full text here.

March 11 Proclamation suspending entry to the United States of most foreign nationals who have been in the Schengen Area during the 14 days prior to their scheduled arrival in the United States. These European countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The proclamation took effect on 11:59 p.m., eastern daylight time on March 13, 2020. Read the full text  here.

March 13 Proclamation suspending entry to the United States of most foreign nationals who have been in the United Kingdom and Ireland during the 14 days prior to their scheduled arrival in the United States. The proclamation took effect on 11:59 p.m. eastern daylight time on March 16, 2020. Read the full text here.

Exceptions to the U.S. Travel Restrictions are Limited

U.S. citizens and lawful permanent residents are not subject to the proclamations. Other exceptions include:

  • certain family members of U.S. citizens or lawful permanent residents: spouses, children (under the age of 21), parents (provided that his/her U.S. citizen or lawful permanent resident child is unmarried and under the age of 21), and siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21). 
  • foreign diplomats traveling to the United States on A or G visas.

  • air and sea crew traveling to the United States on C, D or C1/D visas.

There is also an exception for visa applicants whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees. Such an exception will rarely be approved.

The U.S. Department of States (DOS) has advised that exceptions to the travel restrictions may be presented directly to U.S. Embassies and Consulates where visa applications will be filed.

At some consular posts, visa applicants with urgent travel needs that qualify for an exception under the Presidential Proclamations may request an emergency appointment request. For a general description, read about expedited appointments at the U.S. Embassies in China and India.

Each consular post has its individual application procedures and processes, which are currently very fluid and subject to change.

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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U.S. Travel Suspension – Due to COVID-19 (Coronavirus) Outbreak – Expands to Include Visitors from 26 European Countries

With the World Health Organization declaring the COVID-19 outbreak a pandemic, there is one more Presidential Proclamation expanding the suspension of international travel to the United States. With few exceptions, foreign nationals (immigrants and nonimmigrants) who have been in certain European countries will be subject to the travel restrictions.

As of Friday, March 13, 2020, the United States will suspend the entry of most immigrants and nonimmigrants who have been in the Schengen Area at any point during the 14 days prior to their scheduled arrival in the United States. These European countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. The list does not include the United Kingdom or Ireland.

[UPDATE: Effective March 16, 2020, another Presidential Proclamation suspends the entry of most immigrants and nonimmigrants who have been in the United Kingdom and Ireland during the 14 days prior to their scheduled arrival in the United States.]

This proclamation is effective at 11:59 p.m. eastern daylight time on March 13. It does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to the cut-off time.

The travel restriction does not apply to a U.S. citizen or to:

  • a lawful permanent resident of the United States
  • a spouse of a U.S. citizen or lawful permanent resident

  • a parent or legal guardian of a U.S. citizen or lawful permanent resident (who is unmarried and under the age of 21)

  • a sibling of a U.S. citizen or lawful permanent resident (provided that both are unmarried and under the age of 21)

  • a child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to an IR-4 or IH-4 visa

  • a foreign national who is traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus

  • a foreign national who is traveling on a C-1, D, or C-1/D nonimmigrant visa as a crewmember or otherwise traveling to the United States as air or sea crew

  • a foreign national seeking entry or transit with the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories)

  • a foreign national traveling within the scope of section 11 of the United Nations Headquarters Agreement

  • a foreign national whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee

  • a foreign national whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

  • a foreign national whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees

  • a member of the U.S. Armed Forces and his/her spouse and children

Click here a full text of the proclamation.

There are two other pre-existing Presidential Proclamations suspending travel due to the COVID-19 outbreak, which have the same exceptions noted in the European Schengen Area Proclamation.They include

1. Travel Suspension – China: immigrants and nonimmigrants who were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States. The proclamation went into effect on February 2. Click here for a full text of the proclamation.

2. Travel Suspension – Iran: immigrants and nonimmigrants who were physically present within the Islamic Republic of Iran within the past 14 days prior to their scheduled arrival in the United States. The proclamation went into effect as of March 2. Click here for a full text of the proclamation.

The stated purpose of these travel restrictions is to curb the spread of the outbreak. Crowded travel arenas, like airports, may increase your risk of exposure to COVID-19 ( SARS-CoV-2/coronavirus), if there are other travelers with COVID-19.

The characteristics of the illness, however, have not changed. Declaring an outbreak a “pandemic” means it has spread around the world beyond expectation, and not that it has become more dangerous to your health.

According to the Center for Disease Control (CDC), symptoms include fever, cough, and shortness of breath. Symptoms are relatively mild and most people recover within six days. People at higher risk for severe disease are older adults and people of any age with serious chronic medical conditions (such as heart disease, lung disease, or diabetes). The CDC recommends that persons at higher risk for COVID-19 complications avoid all cruise travel and nonessential air travel.

As the Trump Administration noted, these travel restrictions are temporary. In the meantime, U.S. Consular Services, particularly in China and Italy, have reduced dramatically due to limited staffing and the suspensions on travel.

The Presidential Proclamations also direct the Secretary of Homeland Security to implement standards and procedures at and between all U.S. ports of entry to regulate the travel of persons and aircraft to the United States to facilitate the orderly medical screening and, where appropriate, quarantine of persons who enter the United States and who may have been exposed to the virus. “Such steps may include directing air carriers to restrict and regulate the boarding of such passengers on flights to the United States.”

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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Trump’s Four Pillars for Immigration Reform

In his State of the Union address on January 30, 2018, after completing his first year in office, President Trump officially introduced his Administration’s four pillars for immigration reform.

The first pillar “offers a path to citizenship for 1.8 million illegal immigrants who were brought [to the United States] by their parents at a young age…”  Commonly known as Dreamers, individuals within this group who meet education and work requirements, and show good moral character, will be eligible for naturalization (U.S. citizenship), according to Trump.

The second pillar aims to enhance border security. It involves building a big wall on the U.S.-Mexico border and hiring more border patrol officers. “Crucially, our plan closes the terrible loopholes exploited by criminals and terrorists to enter our country — and it finally ends the dangerous practice of ‘catch and release’,” Trump said.

The third pillar ends the Diversity Visa Lottery, which Trump criticized as “a program that randomly hands out green cards without any regard for skill, merit, or the safety of our people.” He further called for a “merit-based immigration system.”

The fourth pillar “protects the nuclear family by ending chain migration” and restricting family-based immigration to only spouses and minor children. Trump claimed that under the current system, “a single immigrant can bring in virtually unlimited numbers of distant relatives.”

Trump deems the Diversity Visa Lottery program and “chain migration” as sources of terrorist attacks and threats to the national security of the United States.

While Trump has said Congress should pass a “bill of love” for young, undocumented immigrants who qualified for the Obama Administration’s Deferred Action for Childhood Arrivals (DACA) program, which he rescinded on September 5, 2017, his support does not come without conditions.

Conditioning protections for Dreamers and DACA holders on federal funding for a Southern border wall and  reductions in legal immigration, in particular, makes it harder for a gridlocked Congress to reach a mutually agreeable, workable solution. Congress’ failure on February 15 to secure enough votes to advance any of the four immigration bills up for a vote is a prime example. To learn more, read White House-Backed Bill Proposing Protections for Dreamers/DACA Holders, Restrictions on Family-Based Immigration, and End to Diversity Visa Lottery Fails to Pass in the Senate; Worries Prevail.

In the meantime, the Trump Administration has relied on presidential proclamations and executive policies to bypass Congress and impose travel restrictions and broaden immigration enforcement priorities. While the termination of prior, executive orders and the introduction of new ones are subject to checks and balances, including review by U.S. federal courts and the U.S. Supreme Court, they still have ripple effects.

Section 212(f) of the Immigration and Nationality Act (INA) gives the President broad authority to suspend entry of a class of foreign nationals temporarily if he or determines the entry of such aliens would be detrimental to the U.S. interest.

Trump’s Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats (Proclamation 9645) – dubbed “Travel Ban 3.0” – indefinitely suspends entry to the United States for nationals of eight countries (Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia).

There are a few exceptions, such as lawful permanent residents, asylees, and diplomatic visa holders from these countries. Consular officers and immigration officials may also grant case-by-case waivers to those who would otherwise be subject to the entry ban, if denial of their admission would cause them undue hardship and their admission would not pose a threat to the national security of public safety of the United States and would be in the national interest.

Federal courts in Hawaii and Maryland issued preliminary injunctions partially blocking Travel Ban 3.0, but they were lifted by the U.S. Supreme Court on December 4, 2017, allowing Trump’s proclamation to go into effect. The U.S. Supreme Court is expected to hear oral argument on April 25 regarding whether the ban violates U.S. immigration law or the U.S. Constitution.

Trump’s termination of the DACA program has spurred federal lawsuits, which resulted in February 13th New York and January 9th San Francisco court orders, issuing temporary injunctions to block the Administration’s rescission. As a result, U.S. Citizenship & Immigration Services (USCIS) — which recently changed its mission statement to remove the term “nation of immigrants” and emphasize “protecting Americans” — continues to accept DACA renewal requests for now.

The Administration’s expansion of immigration enforcement priorities has also made certain, undocumented immigrants increasingly vulnerable at their USCIS interviews. Spouses of U.S. citizens are now more likely to be apprehended by U.S. Immigration & Customs Enforcement (ICE) at in-person interviews with USCIS, when they seek an approval of a marriage-based petition to legalize their status, but have already been issued a removal order, been previously caught unlawfully entering the United States, have criminal convictions, etc.

In light of the Administration’s immigration policies, it has become more critical to have experienced, attentive immigration counsel evaluate your eligibility for immigration benefits (preferably before you file for them) and accompany you to in-person interviews with USCIS. For more information, read 5 Benefits of Having Immigration Counsel at Your In-Person Interview with USCIS.

Contact Dyan Williams Law to help you evaluate your qualifications for permanent residence or naturalization, overcome visa refusals, apply for waivers of inadmissibility, and represent you at green card or citizenship-related interviews with USCIS.

Cheers,

Dyan Williams

Founder & Principal Attorney
Dyan Williams Law PLLC
(612) 225-9900
dw@dyanwilliamslaw.com

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This article provides general information only. It is based on law, regulations and policy that are subject to change. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.

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