Are you concerned about the executive order President Trump signed on April 22nd? If so, you aren’t alone. Countless individuals hoping to visit or move to the U.S. are wondering whether their goals are now impossible to achieve.
Fortunately, a substantial number of people will be wholly unaffected by the executive order. The following is a compilation of answers to frequently asked questions about the immigration ban. If you still have questions or concerns, please do not hesitate to reach out to Tesfaye Law. We will be more than happy to assist you.
What is the executive order?
The executive order is a 60-day immigration ban, effective between April 23rd and June 21st of 2020. The administration has said it will reevaluate the circumstances at the end of the ban and decide whether or not to extend it.
What is the reasoning behind the ban?
The President explained that he wants American-born employees to be “first in line” for jobs. The ban is intended to limit international competition. Critics of the ban have pointed out that employment-based green cards help U.S. employers find qualified candidates for hard-to-fill positions.
What type of visas does the executive order affect?
The executive order affects both family-based and employment-based immigrant visas (i.e. green cards). If you are applying for a nonimmigrant (temporary) visa, the ban should not affect your case.
I applied for a green card from inside the U.S. What will happen to my case?
If you have a pending case with USCIS in the U.S., the ban should not affect your case. The ban only affects those who were outside the U.S. when the ban took effect (11:59 PM EDT on April 23rd).
I was outside the U.S. when the ban took effect, but I had advance parole. Can I still get a green card?
Yes. Advance parole and any other forms of official travel authorization can protect you from the ban.
Are any family preference categories exempt?
Yes. If your spouse or parent is a U.S. citizen, they can still sponsor you for a green card. Lawful permanent residents, however, cannot sponsor family members at this time.
Are any employment preference categories exempt?
Yes. You can still obtain a green card through the EB-5 visa, which is reserved for qualifying immigrant investors. Additionally, you may be exempt if you are a physician, nurse, researcher, or any other professional deemed essential for fighting the effects of COVID-19.
Are there any other exceptions?
Yes. The following people can still obtain a green card during the immigration ban:
- Members of U.S. Armed Forces and their spouses/children
- Asylum seekers
- Special Immigrant visa applicants (for U.S. government employees, Afghan/Iraqi translators, and their spouses/children)
- Anyone whose immigration to the U.S. advances law enforcement objectives or other national interests
What do I do if the ban affects my case?
The ban is temporary, so we urge you to put everything into place now. This will prepare you for the moment the government lifts the ban. Many have become discouraged by the onslaught of obstacles and delays within the immigration system, but you can still reunite your family or obtain employment in the U.S. with proper support.
Bring Your Application to Our Dedicated Team
At Tesfaye Law, we understand how overwhelming the immigration system can become—especially in the midst of COVID-19. We can help you understand new policies, regulations, and requirements so you can make informed decisions about your case. If necessary, we can advocate for your rights in court, because we believe you deserve the opportunity to become a lawful permanent resident of the United States.