Visa Lawyer Blog
In light of the global Coronavirus pandemic, on March 11, 2020, the President signed a presidential proclamation suspending and limiting the entry of immigrants and nonimmigrants who were physically present within the Schengen Area (most EU states) during the 14-day period preceding their entry or attempted entry into the United States, effective 11:59 eastern time Friday, March 13, 2020.
The proclamation will remain in effect until terminated by the President at his discretion based on recommendations by the Secretary of Health and Human Services.
The proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 eastern time on March 13, 2020.
Who is exempted from the Proclamation?
The proclamation will not apply to the following categories of people:
- lawful permanent resident of the United States;
- any alien who is the spouse of a U.S. citizen or lawful permanent resident;
- any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
- any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
- any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
- any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
- any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
- any alien seeking entry into or transiting the United States pursuant to one of the following visas:
- A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or
- whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
- any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
- any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
- any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or
- members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.
Coronavirus Statement issued by USCIS
USCIS has advised individuals who feel ill for any reason, regardless of exposure to COVID-19, to stay home instead of attending in-person appointments with any USCIS office. These individuals have been asked to follow the instructions on their appointment notice to reschedule their appointment or interview.
This advisory applies to:
- Individuals who have traveled internationally to any country outside the U.S. within 14 days of their appointment
- Individuals who believe they have been exposed to the virus (even those who have not travelled internationally)
- Individuals who are experiencing flu-like symptoms (such as runny nose, headache, cough, sore throat, or fever.
Appointments may be rescheduled without penalty.
For information about Coronavirus and how to protect yourself visit coronavirus.gov for a complete list of CDC travel health notices. Learn about the Department of Homeland Security’s response to the coronavirus on their Coronavirus (COVID-19) page.
Previous Presidential Proclamations: Physical Presence in China and Iran
Please keep in mind that prior presidential proclamations remain in place suspending and limiting the entry of all aliens who were physically present within the People’s Republic of China and Iran, during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.
Court Hearings
If you have an upcoming court hearing, please ensure that your hearing has not been postponed or suspended in the wake of the President’s declaration of national emergency. Please check the court website or contact the court directly.
Certain courts have already advised individuals who are parties to a case (plaintiff/petitioner, defendant/respondent), attorneys, or witnesses who do not feel well or believe they have been exposed to COVID-19, who are scheduled for a court hearing, to contact the courtroom where their matter is being heard for more information.
We encourage everyone to stay safe and take reasonable precautions as listed on the CDC website.