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COVID-19 and Trump FAQs

Can I Still File My Immigration Case During COVID-19 and Despite Trump’s Executive Order?

Is US CIS Still Processing Cases? If I Do File, Will Processing of My Case be Delayed?

COVID-19 and President Trump have not frozen US immigration. You can still file the following US immigration cases during COVID-19 and despite Trump’s April 22 Executive Order if you are eligible and a qualified and experienced immigration attorney advises it is a good idea. In many situations, filing now will save you waiting time because immigration processes cases in the order they are received. We expect a bubble of filings in late summer and early fall, so best to get in line before then.

FAQ’s Re-Impact of COVID-19 And Trump’s April 22 Executive Order On US Immigration Cases

Will immigration stop processing cases?

USCIS is still accepting filings and processing cases. Some in-person appointments have been temporarily halted, but US CIS can still complete all or most of its case processing without in-person appointments.

Did Trump freeze US immigration?

No. The April 22 Executive Order only pauses for 60 days the entry of people waiting outside the US for immigrant visas (not temporary, i.e. non-immigrant visas). The order also contains some exemptions. It is possible this order could get extended.

This order only applies to those who are outside the US on the date of the order (4/22/2020) awaiting an immigrant visa to enter the US. An immigrant visa issued via a consulate abroad (rather than in the US) allows the visa – holder admission to the US as a lawful permanent resident (i.e. green card recipient). The order includes both family and employment-based immigrant visa holders with some exceptions (see below).

Because it only applies to immigrant visas, the order does not include those with advance parole documents or non-immigrant (i.e. temporary) visas (e.g. B-1, B-2, F-1, H-1, H-2, O-1, L-1, E-1, E-2, TN). However, the order does mention that within 30 days the President will consult with the Departments of Labor and Homeland Security to see if changes in the non-immigrant processes are needed. Even though non-immigrants were excluded from this order, there may be future changes in store for non-immigrants.

Who is exempted from President Trump’s April 22nd order?

The order exempts:

  1. Lawful Permane