July 2021 Immigration Update

by Tsveta Boeva

Effective July 6, 2021, the approvals of all National Interest Exceptions will be valid for 12 months for multiple entries with retroactive effect. The 12 month period will be calculated from the date of the last approval of a National Interest Exception.

Prior to July 6, 2021, authorizations of National Interest Exceptions were valid only for 30 days for 1 entry, and individuals who needed to travel frequently to the U.S., were required to request a National Interest Exception each time they sought entry in the U.S.

Presidential Proclamation Suspending Entry of Immigrants for 60 days

By Tsveta Boeva

President Trump has signed a new Presidential Proclamation, which suspends the entry in the United States of certain immigrants for 60 days, starting from tonight, April 23 at midnight.

Entry in the United States will be denied to any immigrant who – as of tonight – does not have a valid immigrant visa issued prior to the effective date of the proclamation or who does not have official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document).

The suspension shall not apply to:

– any lawful permanent resident of the United States;

– any alien who is the spouse of a U.S. citizen, or is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

– any alien who is an EB-5 visa applicant;

– any alien who is seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional or to perform medical research or other research intended to combat the spread of COVID-19;

– any alien who is an alien whose entry would further important U.S. 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 who is a member of the U.S. Armed Forces and any spouse or child of a member of the U.S. Armed Forces;

– any alien who is seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification;

– any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

The Presidential Proclamation shall not limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

Covid-19 Update – Travel limitations effective March 13, 2020_Presidential Proclamation

By Tsvetimira Boeva

On March 11, 2020, President Trump announced a travel ban for individuals traveling from European countries, which are part of the Schengen Area, to the U.S. The ban applies to travelers who have visited those countries for fourteen days prior to their scheduled arrival in the U.S.

The Schengen Area countries are as follows: Austria; Belgium; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Iceland; Italy; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Netherlands; Norway; Poland; Portugal; Slovakia; Slovenia; Spain; Sweden; and Switzerland.

Individuals who will not be affected by the ban include, among other groups of travelers, U.S. Citizens; permanent residents; spouses of U.S. Citizens or permanent residents; parents or U.S. Citizens and permanent residents who are under the age of 21 and unmarried; and siblings of U.S. Citizens or permanent residents, provided that both are under the age of 21 and unmarried.

The travel ban will go into effect on March 13, 2020 at midnight Eastern time.

The list of Schengen Area countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The travel ban will go into effect on March 13, 2020 at midnight Eastern time.