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Who Can Enter the U.S. During the 60-Day Ban?

Milla & Associates, LLC

If you are seeking temporary or permanent status in the U.S., you may be worried about the effects of a recent executive order on your case.

Signed by the President on April 22nd, the executive order is an immigration ban that took effect at 11:59 PM EDT on April 23rd, lasting for 60 days (until June 21st). While the order appears to be sweeping, it has several exceptions, and a large number of people will not be affected.

You WILL be affected by the ban if you are seeking a green card (permanent residency) AND you were outside of the U.S. when the ban took effect.

While this is a narrow category of people, it will affect countless families who are trying to reunite in the U.S., as well as applicants for employment-based green cards.

You will likely NOT be affected by the ban if:

  • You already have a green card
  • You are applying for a nonimmigrant visa (i.e. temporary status)
  • You are applying for a green card, but you were already in the U.S. when the ban took effect
  • You are applying for a green card, but you were outside of the U.S. with official travel authorization
  • You have an open case pending with USCIS in the U.S.
  • Your sponsor is your parent or spouse AND a U.S. citizen
  • You are seeking asylum
  • You (or your spouse/parent) are a member of the U.S. Armed Forces
  • You are applying for the EB-5 immigrant investor visa
  • You (or your spouse/parent) are eligible for a Special Immigrant visa because you are a U.S. government employee or Afghan/Iraqi translator
  • You (or your spouse/parent) are seeking an employment-based green card as a physician, medical researcher, nurse, or any other professional deemed essential for pandemic-related purposes
  • The Secretaries of DHS and State have determined that your immigration advances national interests or law enforcement objectives

Unfortunately, USCIS is permitted to use its discretion when determining whether a green card applicant falls into any of the above categories. Additionally, the suspension of routine and in-person services with USCIS and U.S. Embassies/Consulates may present other challenges and delays in your application process. That said, government agencies are still processing applications, and it is more important than ever before to begin your process as soon as possible. The government has announced plans to reopen immigration offices on June 4th.

Turn to Milla & Associates, LLC

For help navigating the immigration system during and after COVID-19, please do not hesitate to reach out to our team of attorneys. To provide informed and strategic counsel, we are staying abreast of new policies and operational changes during the pandemic. You can count on Milla & Associates, LLC for staunch dedication, knowledgeable guidance, and a personal commitment to your success.

Call (312) 702-1782 or contact us online to get started. We can help you reunite your family or obtain the employment opportunity you need. Our physical office is closed because of the pandemic, but we are still fully operational and offering virtual consultations.