{Para mirar el comentario del Abogado Valverde acerca del “executive order” de President Trump en Español haga clic aquí}
The language surrounding executive orders and emergency proclamations is often written in “legalese” and appears very complicated. What's more confusing right now is that these sorts of announcements are being published so often it is difficult for people to keep up with the newest state of laws during this COVID-19 pandemic.
Because of this, we wanted to explain President Trump's newest executive order – titled the Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. This latest Executive Order is effective April 23, 2020, and is set to last for 60 days, provided that the Trump Administration does not extend it.
So, what does the Order do?
The Executive Order essentially suspends immigration into the United States for 60 days, under the theory that because so many American citizens are unemployed right now, the U.S. needs to protect its jobs from new immigrants.
What does this mean?
This Order halts the issuance of new green cards for the next 60 days. It does not affect green card holders who are already living as permanent residents within the United States.
Further, it does not affect those living in the United States who are already in the process of adjusting their status to become permanent residents.
The Order lays out exceptions for:
- certain healthcare workers and their spouses and underage children,
- Immigrant Investor visas,
- members of the US Armed Forces and their spouses and underage children,
- spouses and underage children of U.S. citizens,
- special immigrant visas, and
- asylees.
For an exhaustive list of who is exempted from the Executive Order, click here.
Under the Order, consular offices overseas are given the discretion to decide whether an immigrant has established eligibility for an exemption category.
This follows USCIS' announcement that its in-person services will continue to be suspended through June 3, while “mission-essential” services are still ongoing. People may still continue to submit applications and submissions to USCIS during this time. If you are unsure as to the status of your submitted USCIS application, or your adjustment of status process, please contact your immigration attorney. If you do not have an immigration attorney and have questions about how this Order affects you, please contact us at Valverde Law – we'd be happy to help.
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