CLIENT ALERT

FOR INDIVIDUALS APPLYING FOR PERMANENT RESIDENCY

TAKEAWAY:  For individuals who are seeking to arrive into the US, if their PRC/Green Card was approved before April 23rd – ie. they have been granted a permanent residency number – they should be allowed to arrive/import. A 60 day ban, starting April 23rd  is currently in effect for those seeking permanent residence regardless of where they are in the approval process.

WHO IS AFFECTED

An individual wishing to import that is not a US citizen needs either a valid PRC or visa in order to do so. The President declared a ban on the issuance of PRC/Green Card applications for individuals as a reaction to the COVID-19 crisis. The new order temporarily suspends some types of immigration to the United States for the next 60 days. The most important date and time to remember is April 23 at midnight.

If an individual received an approved permanent residency number before that time, they are clear to immigrate. After April 23, there will be a period of two months when new application processing and entry to the U.S. is banned, regardless of where they are in the approval process.

HOW IT MAY CHANGE

A review on May 3 will discuss the possibility of extensions by additional 60-day periods if the president believes it is necessary.  Non-immigrant visa holders, including H-1B, TN, O-1, L-1, E-2, will NOT be impacted and may still enter the United States.

Employers or individuals may still file I-140 PRC/green card petitions, but processing will be delayed. Those already in the U.S. can continue to seek application approval.

There will be a review of all non-immigrant visa categories in the next 30 days Other types are being considered for an import ban as well but for now only those seeking permanent residency are currently affected.

EXEMPTIONS

  • Entry deemed to be in the national interest
  • Relief or asylum being requested
  • Investors in EB-5 immigrant programs
  • Existing PRC/green card holders
  • Individuals assisting law enforcement
  • Healthcare professionals participating in research and activities to fight the COVID-19 pandemic, and their immediate families
  • Military personnel and their immediate families
  • Spouses and children of U.S. citizens

STILL HAVE QUESTIONS?

You are welcome to call Gallagher anytime at  303-365-1000 or email us. Stay healthy!

Sources:
Rugendorf, D., 2020. Don’t Get Stuck With COVID-19, US Immigration In The Time of the Coronavirus,
Rugendorf, D., 2020. Immigration Proclamation Sets Limited Curbs, President Suspends Temporary Entry of Certain Immigrants Due to COVID-19 Economic Fallout