Donald Trump signed the decree to "suspend immigration" on Wednesday evening. And as expected, we are far from the original promise of the American president.
The decree announces that the issuance of green cards will be suspended from April 24 for a period of two months. But this only applies to people currently out of the territory, and excludes anyone who is already in the United States on visa and seeking to change their status. Also excluded from this decree are applicants for a green card as a spouse or child (under the age of 21) of an American citizen. Health personnel, or likely to participate in the fight against COVID-19 are also exempt.
"In reality, the impact will be almost zero compared to the current situation, because the American consulates abroad are closed anyway at the moment, so no visa is currently issued anyway, notes Sophie Raven, a lawyer specializing in immigration to New York. It’s mostly the uncertainty that makes these statements reign that’s boring. ” Because the same day he signed this decree, Donald Trump also said that another decision could be made for other visas. The 60-day period for the suspension could also be extended, he warned.
Limited list
Also saved are all working visas (“non-permanent”): H1B, L, J1, etc. In the end, the list of people affected by this suspension will be limited: they are mainly spouses or children of permanent residents who are still abroad, and applicants for a green card sponsored by a company and who are not on American territory. But this last case is also in the minority there: 80% of green cards “Employment based” granted in the United States are granted to persons already present in the territory, generally on a work visa. They are therefore not affected by the decree. "Things are slowing down, but it is still possible to start these procedures today", notes Laurent Vonderweidt, lawyer in Los Angeles. "We are even seeing at the moment that the immigration services are rather more accommodating in the face of the crisis for people who are in difficulty. The rules and deadlines in particular have been relaxed ”.
According to the Migration Policy Institute, the decree could affect some 20,000 applicants for the green card per month, out of a total of 80 to 90,000 granted each month in ordinary time.
People who already hold a green card and are abroad are still allowed to return to the United States. But the restrictions put in place in March to ban entry into the United States remain in place: visa and ESTA holders in particular cannot enter the country at this time if they come from Europe.
