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Presidential proclamation suspending entry of immigrants and nonimmigrants present in Brazil in 14-day period preceding attempted entry

Posted by Ryan Kosobucki | May 27, 2020 | 0 Comments

President Trump has issued a proclamation suspending the entry into the U.S., as immigrants and nonimmigrants, of all foreign nationals who were physically present in Brazil during the 14-day period preceding their entry or attempted entry into the U.S.

The proclamation was originally to become effective on May 28, but the president amended the effective date. The proclamation took effect at 11:59 p.m. eastern daylight time on May 26, 2020.

The proclamation does NOT apply to:

(i) any lawful permanent resident of the United States;
(ii) any alien who is the spouse of a U.S. citizen or lawful permanent resident;
(iii) any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(iv) any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
(v) any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

vi) any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(vii) any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
(viii) any alien (A) seeking entry into or transiting the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government oicial or immediate family member of an oicial), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or (B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(ix) any alien who is a member of the U.S. Armed Forces and any alien who is a spouse or child of a member of the U.S. Armed Forces;
(x) any alien whose entry would not pose a significant risk of introducing, transmitting, or
spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
(xi) any alien whose entry would further important United States 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; or

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

About the Author

Ryan Kosobucki

U.S. Immigration Attorney

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