Stay out of My Country!

Trump: No more Immigrants-Stay out of My Country!
by Jose Enrique Perez

Yes, he did. He banned for 60 days immigration in the United States. We are not talking about undocumented immigrants or other people illegally in the country. On April 22, President Trump issued a proclamation declaring immigrants “detrimental to the interests of the United States” in his latest effort to attack immigrants, divide and distract from his failures to contain the coronavirus pandemic. He ordered the suspension of “lawful immigration” over the next 60 days with the exception of:

• Spouses and children (under the age of 21) of U.S. citizens present in the United States
• Nurses, doctors and medical personnel
• Essential workers as determined by the Department of Agriculture and the Department of Homeland Security
• Military personnel and their spouse and children
• Wealthy investors

The ban does not apply to nonimmigrant (temporary) visas, such as students and H-1B high-skilled workers. It exempts any immigrant abroad who already has an immigrant visa or travel document in hand when it goes into effect. The ban also does not affect anyone seeking to gain a green card from inside the United States through “adjustment of status,” which does not require obtaining a visa from outside the country. Refugees, asylum seekers, and those currently holding lawful permanent resident status aren’t affected by the ban, but their ability to petition for family members abroad could be impacted.

This new immigration ban is the third ban on legal immigrants that Trump has signed. He signed the first travel ban—also known as the Muslim Ban—on his sixth day in office. Courts have blocked the first two versions of that ban. The third attempt was upheld by the Supreme Court. That travel ban remains in place and was expanded in January 2020.

Trump is using the COVID-19 as an excuse for this attack on immigrants and decided to issue that limitation on legal immigration for the next 60 days. This clearly creates a dangerous precedent that could be renewed or extended at any time. The problem is that this racist attack by Trump is based on little more than unfounded and harmful rhetoric designed to divide as he has done it since he took office.

Several Organizations, including the American Lawyers Immigration Association, filed a temporary restraining order against the Trump’s ban. However, it has not been decided.

As I explained above, Trump’s latest Immigration Ban stops the issuance and entrance of immigrant visas (with some exceptions) for 60 days. Family-based, employment-based, and diversity visas are impacted. But it is important to note that COVID-19 had already curtailed consular processing worldwide as every government office abroad is closed.

This would allow, for example, children of lawful permanent residents who have been in line for a decade or more to get their visas issued before their 21st birthday when they otherwise age out of visa eligibility in this category. Many other immigrants are also directly impacted.

You should remember that this article is not intended to provide you with legal advice; it is intended only to provide guidance about potential immigration policies. Furthermore, the article is not intended to explain or identify all potential issues that may arise in connection with representation before immigration courts, USCIS or ICE. Each case is fact-specific and therefore similar cases may have different outcomes.

I represent individuals in immigration cases. If you have any questions or concerns about an immigration case or potential case, you can call me at (315) 422-5673, send me a fax at (315) 466-5673, or e-mail me at joseperez@joseperezyourlawyer.com. The Law Office of Jose Perez has now moved and is located at 659 West Onondaga Street, Upper Level, Syracuse, New York 13204. Now with offices in Buffalo and Rochester!!! Please look for my next article in the June edition and stay safe, healthy and away from the Coronavirus.

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