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Trump’s Executive Order Limiting Immigration – What You Need to Know

On April 22, President Trump issued the executive order mentioned in his tweet regarding suspending entry into the US for immigrant visa holders. In sum, this order only pauses, for 60 days, the entry of people outside the US who are waiting for immigrant visas (not temporary or non-immigrant visas). The order also contains some exemptions.

Who is covered under this order?

This order 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 applies only 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 or 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 the order?

The order exempts:

  1. Lawful permanent residents (conditional and unconditional)

  2. Certain healthcare professionals and researchers and their spouses and children under 21

  3. Investor green card cases

  4. Spouses of US citizens

  5. Children under 21 and some prospective adoptees of US citizens

  6. Members of the US Armed Forces and their spouses and children

  7. Certain individuals needed for US law enforcement purposes or the national interest

  8. Certain Special Immigrant Visas including spouses and children

What does this order do?

This order suspends entry into the US for 60 days for those falling under the order as described above. The order mentions that within 50 day