Alexandra Sabalier
May 29, 2020
187
209
3 min

Travel Restrictions in the U.S. and your Immigration Rights

Can you explain the suspension of entry for immigrants and nonimmigrants imposed by President Trump?

President Trump suspended and limited the entry of newly present aliens from certain foreign jurisdictions where significant COVID-19 outbreaks have occurred.

Which countries are affected by this suspension?

The jurisdictions that are affected include:

  • People's Republic of China (excluding the Hong Kong and Macao Special Administrative Regions)
  • The Islamic Republic of Iran
  • The Schengen Area
  • Federal Republic of Brazil

Who cannot enter under this Order?

All foreigners who were physically present in any of these countries during a period of 14 days prior to their entry or attempted entry into the United States, are suspended and limited from entering.

Who does this entry suspension and limitation NOT apply to?

  • Any lawful permanent resident of the United States;
  • Any alien who is the spouse of a US citizen or lawful permanent resident;
  • Any alien who is the parent or legal guardian of a US citizen or lawful permanent resident, provided the US citizen or lawful permanent resident is not married and under the age of 21;
  • Any alien who is the brother or sister of a US citizen or lawful permanent resident, provided they are both single and under the age of 21;
  • Any alien who is the child, adoptive child, or ward of a US citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States in accordance with IR-4 or IH-4 visa classifications;
  • Any alien traveling at the invitation of the United States Government for a purpose related to virus containment or mitigation;
  • Any alien traveling to the United States as a member of an air or sea crew.

AND to any foreigner who:

  • Is applying for entry or transit into the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or member of an official's immediate family) , E -1 (as an employee of TECRO or TECO or the employee's immediate relatives), G-1, G-2, G-3, G-4, NATO-1 to NATO-4, or NATO-6 (or seeking enter as a non-immigrant in one of those NATO categories); or
  • Any alien who is a member of the United States Armed Forces and any alien who is the spouse or child of a member of the United States Armed Forces;
  • Any alien whose entry does not pose a significant risk of introduction, transmission or spread of the virus, as determined by the Secretary of Health and Human Services, through the Director of the CDC or his / her designee;
  • Any alien whose entry is more important to the purposes of United States law enforcement, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective representatives, as recommended by the Attorney General or his / her designee; or
  • Any foreigner whose entry is in the national interest, as determined by the Secretary of State, the Secretary of National Security, or their designees.

When will this order be effective?

This order has been effective for months, however it became effective with the Republic of Brazil specifically, at 11:59 pm EST on May 26, 2020. The proclamation did not apply to persons on board a flight scheduled to arrive in the United States that departed before 11:59 pm Eastern Time (New York Time), on May 26, 2020.

IMPORTANT TO CLARIFY THAT THIS ORDER HAD A CHANGE OF DATE:

This proclamation was initially effective at 11:59 pm EST (New York Time) on May 28, 2020 but it was amended a few hours after it was first published to become effective on May 26 instead.

Recommendations to immigrants and tourists who want to enter the United States

  1. Stand firm and wait for the entry processes to the United States to be accessible again. It is VERY IMPORTANT that you know that if an alien commits fraud to attempt to enter or enters the United States illegally, that person will be considered a priority to be expelled / deported from the United States.
  2. Stay informed with current information and trusted resources such as the Published News, Authorized Attorneys, and the White House official website www.whitehouse.gov
  3. Consult with your immigration attorney. If you do not have one, I can be easily contacted through www.sabalierlaw.com, my email infosabalierlaw.com or through the social networks in which I am present as @sabalierlaw- on Instagram, Facebook, Twitter , and Linkedin.
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