Providing Comprehensive Immigration Services

By James T. Daly

Closures

USCIS: Open and providing limited services

EOIR (immigration court): Certain immigration courts have resumed non-detained hearings. Hearings in non-detained cases at courts without an announced date are postponed through, and including, July 24, 2020. Check your specific court here: https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic

US embassies and visa applications:

• Routine visa services at all U.S. Embassies and Consulates are temporarily suspended.
• This does not affect the Visa Waiver Program but still subject to travel ban.
• Applicants with an urgent matter and need to travel immediately should follow the guidance provided at the Embassy’s website to request an emergency appointment. Examples of an urgent matter include air and sea crew, and medical personnel, particularly those working to treat or mitigate the effects of COVID-19.

Travel ban (March 11, 2020 travel ban still in effect)

The President has suspended the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the following areas during the 14-day period preceding their entry or attempted entry into the United States.

• China
• Iran
• European Schengen area: 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.
• UK, Ireland.
• Brazil

Most common exceptions to the travel ban:

• Lawful permanent resident of the United States.
• Spouse of a U.S. citizen or lawful permanent resident.
• Parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21.

Interesting exception to the travel ban:

• An alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the CDC Director, or his designee.

April 23, 2020 Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

On April 22, President Trump signed a proclamation suspending entry into the United States of certain immigrants who present risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak.  The proclamation will expire on December 31, 2020, unless continued.  U.S. citizens, lawful permanent residents, and those holding valid immigrant visas on the effective date of the Proclamation, are not subject to the proclamation.  The Proclamation is not retroactive. No valid visas will be revoked under this Proclamation.  The proclamation provides exceptions to its restrictions for certain categories of immigrants, including: certain healthcare professionals, aliens seeking to enter the United States pursuant to an EB-5 investor visa, spouses and children (categories IR2, CR2, IR3, IH3, IR4, IH4) of U.S. citizens, members of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces, and aliens seeking to enter the United States pursuant to an Afghan and Iraqi Special Immigrant Visa.  In addition, cases involving a child applicant who may age out may be considered for a national interest exception.  Please refer to the proclamation for a full list of exceptions. https://travel.state.gov/content/travel/en/News/visas-news/Proclamation-Suspending-Entry-of-Immigrants-Who-Present-Risk-to-the-US-labor-market.html#ExternalPopup

June 23, 2020 Proclamation Suspending Entry of Immigrants and Nonimmigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

On June 22, 2020, President Trump signed a proclamation suspending entry into the United States of certain immigrants and nonimmigrants who present a risk to the U.S. labor market following the coronavirus outbreak. Effective immediately, the proclamation extends the suspension of entry for certain immigrants (Presidential Proclamation 10014) through December 31, 2020. U.S. citizens, lawful permanent residents, and aliens who are or were inside the United States or those holding valid nonimmigrant or immigrant visas on the effective date are not subject to the proclamation.  

The proclamation suspends entry of nonimmigrants in the following categories: H-1B, H-2B, J (for aliens participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L, along with their spouses and children.  No valid visas will be revoked under the proclamation.   

Presidential Proclamation 10014 and this proclamation provide exceptions to their restrictions for certain categories of immigrants and nonimmigrants. These exceptions include: certain healthcare professionals, aliens seeking to enter the United States pursuant to an EB-5 investor visa, spouses and children (categories IR1, CR1, IR2, CR2, IR3, IH3, IR4, IH4) of U.S. citizens, members of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces, aliens seeking to enter the United States pursuant to an Afghan and Iraqi Special Immigrant Visa (SQ or SI-SIV), any alien seeking to provide temporary labor services essential the United States food supply chain, and any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.  In addition, the proclamation explicitly states that cases involving a child applicant who may age out may be considered for a national interest exception.  Please refer to the text of each proclamation for a full list of exceptions.   https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

US-Mexico and US-Canada travel ban

• Through July 24th, temporarily allows entry to the United States through land ports of entry along the U.S.-Canada and U.S.-Mexico borders for “essential travel” only.

Most common types of essential travel include:

1. U.S. citizens and lawful permanent residents returning to the United States;
2. Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);
3. Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work).

This action does not apply to air, rail, or sea travel at this time, but does apply to commuter rail and ferry travel. This action does not prevent U.S. citizens from returning home.

US Citizens returning from travel abroad

• U.S. Citizens Returning from Europe

U.S. citizens and legal permanent residents will be permitted to return from the United Kingdom, Ireland, and the European Schengen area. The Department of Homeland Security has issued instructions requiring U.S. passengers that have been in the United Kingdom, Ireland and the Schengen area to travel through select airports where the U.S. Government has implemented enhanced screening procedures.

• U.S. Citizens Returning from China and Iran

Any U.S. citizen returning to the United States who has been in China and/or Iran in the previous 14 days may be subject to up to 14 days of quarantine.

. To accommodate the inclusion of Brazil, are being added to the existing list of airports currently receiving flights from travel-restricted nations, bringing the total to the below 15 airports:

• Select airports for reentering the US

Boston-Logan International Airport (BOS), Massachusetts
Chicago O’Hare International Airport (ORD), Illinois
Dallas/Fort Worth International Airport (DFW), Texas
Detroit Metropolitan Airport (DTW), Michigan
Daniel K. Inouye International Airport (HNL), Hawaii
Fort Lauderdale-Hollywood International Airport (FLL), Florida
George Bush Intercontinental Airport (IAH), Texas
Hartsfield-Jackson Atlanta International Airport (ATL), Georgia
John F. Kennedy International Airport (JFK), New York
Los Angeles International Airport, (LAX), California
Miami International Airport (MIA), Florida
Newark Liberty International Airport (EWR), New Jersey
San Francisco International Airport (SFO), California
Seattle-Tacoma International Airport (SEA), Washington
Washington-Dulles International Airport (IAD), Virginia
and Fort Lauderdale-Hollywood International Airport