Exceptions to Presidential Proclamation 10014


President Trump issued a Presidential Proclamation on April 22, 2020 suspending visa issuance to certain immigrant categories initially for 60 days, and then extended until December 31, 2020 as a result of the COVID-19 Pandemic and its impact on the U.S. labor market. This Proclamation does not impact beneficiaries who were present in the United States on April 23, 2020, possessed a valid immigrant visa on April 23, 2020, or who applied for entry to the U.S. on a valid travel document.

In addition, the Proclamation also exempts the following additional individuals: lawful permanent residents; physicians, nurses, and health professionals working to alleviate the impact of COVID-19; EB-5 investors; spouses and minor children of U.S. citizens; individuals who will further U.S. law enforcement objectives; members of U.S. armed forces and their families; SI and SQ Special immigrants; and those whose entry would be deemed “in the national interest”. Additionally, on June 22, 2020, another proclamation was issued permitting children who will age out while the initial proclamation is in effect to qualify for a national interest exception. This age-out exception is available to those who will age out while the proclamation remains in effect, or within two weeks thereafter (January 15, 2021), and who are not eligible for protection under the Child Status Protection Act (CSPA). Moreover, on September 4, 2020, the U.S. District Court for the District of Columbia granted preliminary relief in Gomez, et al., v. Trump, et al., ordering the Department of State to undertake good-faith efforts to expeditiously process, adjudicate, and reissue visas for DV-2020 diversity visa applicants and their beneficiaries by the September 30, 2020 deadline.

Although many consular offices remain closed for routine visa matters, those who qualify for an exception, also qualify as “mission critical”, thereby permitting them to obtain a visa appointment despite the status of the consular office. Those who qualify for an exception to the Proclamation should contact their local Consulate post to request that their case be scheduled for an interview, demonstrating that they are eligible for an exception. The lawyers at NPZ Law Group, P.C. continue to be successful in obtaining these appointments on behalf of clients who are eligible for exceptions to the Proclamation.

Furthermore, it is important to note that although an individual may qualify for an exception to the Proclamation, if he/she has been present in a country subject to a COVID-19 health-related ban within the past 14 days, they will also need to establish an exception under that ban in order to receive the immigrant visa. These countries include China, Iran, Schengen Area countries, Ireland, UK, and Brazil.

Reprinted with permission.

About The Author

Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. At NPZ Law Group, we are business immigration lawyers who understand that success in today's global marketplace requires a skilled and mobile workforce. We provide our business clients with the legal assistance they require in immigration matters to help them meet their business goals while complying with applicable immigration laws and regulations.

If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com

At NPZ, our U.S. and Canadian Lawyers seek to assist clients with regard to employment and family immigration issues. If you or your friends or family should have any questions, please feel free to contact us at info@visaserve.com or you can call our offices at 201-670-0006 (x 100). We look forward to being able to assist you.

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