The Presidential Proclamation that suspended the entry of immigrants who presented a risk to the US economy during Covid-19 was rescinded
The Presidential Proclamation that suspended the entry of immigrants who presented a risk to the US economy during Covid-19 was rescinded
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On February 24, 2021, the Department of State informed that the Presidential Proclamation (PP) 10014, entitled “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak,” was rescinded.
In addition to this, immigrant visa applicants who have not yet been interviewed or scheduled for an interview will have their applications processed according to USCIS’s existing phased resumption of visa services framework.
Those immigrant visa applications whose petitions remain valid were previously interviewed but refused visas due to PP 10014 should wait for further instructions from the US Embassy or consulate where they were interviewed.
The Department of State also informed that they will reconsider cases that were previously refused because of 10014 and notify applicants if additional information is needed.
What is the Presidential Proclamation 10014?
On March 20, 2020, then President Donald Trump announced the Presidential Proclamation 10014 that suspended the entry to the United States to certain immigrants and nonimmigrants that were considered a risk to the country’s economy because of the coronavirus outbreak.
The PP expired on December 31, 2020, unless it was renewed before this date by the President. It established certain exceptions to the restrictions for certain immigrant categories, including certain health professionals, foreigners looking to enter into the United States with investor visas EB-5, and spouses and children of American citizens (categories IR1, IR2, CR1, CR2, IR3, IH3, IR4, IH4).
Diversity Visa 2020 Applicants
People who hold diversity visas issued in 2020 and that are still valid may seek entry to the United States immediately. “Individuals whose DV-2020 visas have expired may not be issued replacement visas; however, individuals who received diversity visas in 2020 as a result of orders in the court case Gomez v. Trump may travel to the United States on an expired visa as the court ordered the government to treat these visas as though they were issued on the date PP 10014 was rescinded. The court did not specify for how long the visas would be considered valid”, you can read on the Department of State’s website.
The Secretary of State granted a national interest exception for Diversity Visa (DV) applicants for the 2020 fiscal year (DV-2020) who hold a valid immigrant visa and are subject to the geographic COVID-19 Presidential Proclamations. In addition, diversity visa applicants for DV-2020 who were not issued visas before September 30, 2020, for any reason, including PP 10014, will not be interviewed, scheduled, or reconsidered for visas, as those applicants were only eligible for issuance of a visa through the end of the 2020 fiscal year, which ended on September 30, 2020.
DV applicants for the 2021 fiscal year should wait to be notified of the scheduling of an interview in accordance with the phased resumption of the visa services framework.
What are Covid-19 geographic restrictions?
The geographic COVID-19-related P.P.s 9984, 9992, and 10143 suspended the entry into the United States of foreign nationals who have been physically present in the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, Brazil, and South Africa, in the 14-day period before seeking entry into the United States.
This remains in effect, except for immigrant visa applicants who are spouses or children of US citizens (IR/CR-1, IR/CR-2, IR/IH-3, and IR/IH-4), as well as spouses and minor children of LPRs (F2A).
Other immigrant visas and K fiancé nonimmigrant visa applicants are subject to these geographic COVID-19 PPs unless another exception applies.
Resumption of all visa services
The Department of State is resuming routine visa services on a post-by-post basis, “following State Department guidance to safely return our workforce and the public to Department facilities. US embassies and consulates continue to provide emergency and mission-critical visa services”, they explained.
Besides, as post-specific conditions improve, the embassies and consulates will begin providing additional services to the public.
If you need help with your immigration status or have any questions about the process of immigrating to the United States, contact an immigration lawyer in San Diego, California, today. We are ready to serve you at Kannan Law.