President Trump’s new 60-day immigration ban covers only a small portion of individuals. It does not bar nonimmigrants, which is the largest category of foreigners entering the United States.
This ban is not about protecting American jobs or health, it is about Trump shifting blame for his incompetency in addressing the coronavirus crisis on immigrants. The ban applies only to individuals in certain green card categories who are outside the U.S.
Here are the answers to some common questions about the ban:
Q. I’m here in the U.S. applying to adjust my status to permanent resident. Does the ban apply to me?
A. No. The ban applies only to certain green card applicants who are abroad waiting for their immigrant visa interviews at a U.S. consulate.
Q. Are all immigrant visa applicants abroad banned?
A. No. Among those that Trump has excluded from the ban are the spouses and unmarried children under 21 of U.S. citizens, investor green card applicants, and certain medical personnel.
Q. I’m abroad waiting to come here on a student visa. Does the ban apply to me?
A. No. The ban does not apply to nonimmigrants, including the millions of visitors, international students, and temporary workers who come to the United States in a typical year.
Q. I have a green card. If I travel abroad, will I be banned from returning?
A. No. The ban does not apply to individuals who are already green card holders.
Q. So who is banned?
A. Family-based immigrant visa applicants qualifying under the quota system, the parents of U.S. citizens, and most employment-based green card applicants.
Q. I am in a banned category. Should I nevertheless start the green card process?
A. Yes. The ban is only 60 days and will face court challenges. Trump could try to extend the ban, but not forever. If you have a relative or employer who can petition for you, start the process. If you are already on your way to getting an immigrant visa abroad, continue the process.
Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to Allan Wernick, New York Daily News, 7th Fl., 4 New York Plaza, New York, N.Y., 10004 or email to questions@allanwernick.com. Follow him on Twitter @awernick.
