Breaking News: President Biden Lifts Ban and Ends Proclamation 10014

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a breaking news update: President Biden has issued an executive order immediately revoking Presidential Proclamation 10014 issued by the Trump administration.

What does this revocation mean for you and what will happen next?

Keep on watching to learn more.


Overview


We are very excited to report that President Biden has lifted the immigration visa ban known as Presidential Proclamation 10014, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”

Proclamation 10014, issued on April 23, 2020, immediately stopped the issuance of visas at U.S. Consulates and Embassies worldwide for the following individuals:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • Diversity visa winners
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

Those residing in the United States and those who received a valid U.S. visa or travel document, prior to April 23, 2020, were not impacted by the Proclamation.

Proclamation 10014 also did not apply to:

  • Lawful Permanent Residents of the U.S.
  • Aliens who are the spouses of U.S. Citizens
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
  • Aliens under 21 years of age who are children of United States Citizens and prospective adoptees
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
  • Aliens whose entry furthers important United States law enforcement objectives
  • Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
    • SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
    • SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
  • Any alien whose entry would be in the national interest of the United States (national interest waivers)
  • Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

What does this revocation mean for me?


President Biden’s revocation means that the above-mentioned immigrants will now be able to apply for and receive visas at their local U.S. Consulate or Embassy. Of course, however the majority of Consulates and Embassies have not resumed normal operations due to the ongoing Coronavirus pandemic.

Instead, Consulates and Embassies have initiated a phased resumption of visa services. This means that appointments for visa interviews are very limited. In most cases, officials are only accepting appointments for emergency cases, humanitarian reasons, and where the applicant’s entry is found to be in the national interest based on clearly outlined criteria.


What about P.P. 10052? Has it also been revoked?


No. Only section 1 of Presidential Proclamation 10052 has been revoked which is that portion of the proclamation that extended P.P. 10014. At this time, we are not aware of any plans for the revocation of P.P. 10052.


Now that P.P. 10014 has been revoked, how will Consulates and Embassies respond?


Now that P.P. 10014 has been revoked, we expect the Department of State and Department of Homeland Security to issue policy memoranda, and additional guidance, that will shed more light on how the government plans to adjudicate visas for these individuals, and how they will resolve the massive visa backlogs caused by the pandemic.

We do not have any clear answers for applicants yet. We advise you to closely monitor your Embassy’s webpage, as well as the Department of State’s U.S. Visa newsroom webpage for additional updates.


Are there other Presidential Proclamations that could impact me?


Yes. There are a number of other Presidential Proclamations still in force that could still prevent your entry to the U.S., and issuance of a U.S. visa. For instance, those who were physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, and Iran, during the 14-day period preceding their entry or attempted entry into the United States, are prevented from entering the United States. These individuals cannot obtain a U.S. visa until the travel bans have been lifted.

The Schengen visa ban applies to 26 European countries including: 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.


Questions? If you have immigration questions and would like to schedule a consultation, please call 619-819-9204 or text 619-483-4549. Our toll free number is 866-488-1554.


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For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.