Dear Editor,
The April 22, 2020 Executive Order from President Trump is of immense interest to those hoping to immigrate to the U. S. Although immigration has essentially been on hold world-wide because of restrictions—both in processing and on travel—due to COVID-19, this order expands the halt.
The temporary ban includes those outside the U. S. who have not yet received immigrant visas. However, the following are among overseas individuals who are exempted from the order:
(1) Lawful permanent residents
(2) Spouses and children (under 21 years) of U. S. citizens
(3) Individuals seeking immigrant visas as physicians, nurses, or other healthcare professionals.
(4) Those who already have valid immigrant visas or valid official travel documents as of April 23, 2020.
(5) Members of U. S. Armed Forces and their spouses and children.
Unfortunately, spouses and children of lawful permanent residents; adult children (over 21 years) of permanent residents and U. S. citizens; and siblings and parents of U. S. citizens are affected by the halt.
In the U. S., while in-person services such as interviews have been suspended because of COVID-19, USCIS continues to accept applications and petitions. Thus, for example, visitors who are in the U. S. and cannot return home at this time may file extension of stay applications. Additionally, those who are already in the U. S. may still file to adjust their status to that of permanent residency if they are eligible to do so.
Trump, who has criticized and ridiculed family-based immigration as “chain-immigration,” has long pushed for a restricted, merit-based system which would essentially exclude the poor, uneducated and elderly. On February 24, 2020 a new public charge rule went into effect that enquires into an applicant’s income, assets, liabilities, education, language skills, health and likelihood of receiving public benefits. Those in the U. S. adjusting status now have to complete form I-944 and those overseas the DS-5540, forms designed for thorough public charge screening. Even prior to the final rule, consulates were already issuing immigrant visa refusals based on the public charge grounds.
As his rationale for the halt, Trump cited COVID-19 and employment opportunities for American workers first before any arriving competitors.
However, immigration advocates have noted that what the President could not accomplish through legislation from Congress he has instead been trying to accomplish through incremental restrictive rules and orders. The Order went into effect on April 23, 2020 and will last for 60 days after which it may be extended or modified.
Yours faithfully,
Dolly Z. Hassan, Ph.D., Esq.
