Pursuant to a press briefing from the Department of Health and Human Services, declaring the Coronavirus as a public health emergency in the United States on January 31, 2020, President Trump issued Proclamation 9984 following the “Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus.” The subsequent Proclamation, issued on February 29, 2020, upholds the temporary suspension of entry of all aliens (including immigrants, nonimmigrants, and other non-US citizens) who have been physically present in China, within 14 days prior to seeking entry into the United States. In addition, Section One of the Proclamation now extends the suspension of entry to all aliens who have been physically present in the Islamic Republic of Iran, within 14 days prior to seeking entry.
The good news is that the Proclamation does provide that the following individuals are exempt from Section One of the Proclamation:
- U.S. Citizens and Lawful Permanent Residents;
- Spouses of U.S. Citizens and Lawful Permanent Residents;
- Parents or legal guardians of U.S. citizens or permanent residents, provided that the U.S. citizen or permanent resident is unmarried and under age 21;
- Siblings of U.S. citizens, provided that both are unmarried and under age 21;
- Children, foster children, or wards of U.S. citizens or permanent residents, or prospective adoptees;
- Air or sea crew members (C or D visa holders);
- A and G visa holders and NATO visa holders;
- Certain individuals traveling to the United States at the invitation of the U.S. government or in furtherance of the national interest; and
- Those “whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the CDC Director, or his designee.”
In addition to the provided exemptions, the Proclamation does not affect the eligibility of applicants seeking asylum, withholding of removal, or protection under the Convention Against Torture. However, if in doubt, we suggest that you seek advice of an immigration attorney to properly assess the impact the ban may have on you prior to traveling outside the U.S.
Read the complete and updated version of Proclamation 9984: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus/