Due to a recent presidential proclamation from the Trump administration, immigrant visas from Nigeria, Myanmar, Eritrea and Kyrgyzstan can no longer be issued starting February 22, 2020. Additional restrictions have also been placed on nationals from Tanzania and Sudan, who will not be eligible to receive green cards through the Diversity Visa lottery program. The proclamation takes effect February 22, 2020.
Who does this effect?
Those who have already received a visa may travel to the United States, however, those who have not been issued an immigrant visa by Feb. 22 will not be able to travel to the U.S.
Those who are physically present in the United States are not affected by the ban. For instance, beneficiaries of spousal or employment petitions who are currently in the U.S can proceed with their Permanent Residency application.
Nonimmigrant visas such as travel visas, student visas, and certain temporary workers will not be affected by this ban.
How long will the ban last?
No one is certain how long the ban will be in place. The travel ban implemented in 2017, and upheld by the U.S. Supreme Court, is still in effect. This latest addition is expected to last a while. However, because it is issued by presidential proclamation, it may be overturned by the next president.
Family-based Petitions
Those who have petitioned on behalf of a relative (spouse, parent, child, or sibling), will be impacted by this proclamation. Though U.S. Citizenship and Immigration Services can still process a relative petition (Form I-130), embassies and consulates in Nigeria, Myanmar, Eritrea and Kyrgyzstan are no longer able to issue immigrant visas at this time. The only potential way to overcome these restrictions is to apply for a waiver.
Employment-based Petitions
Those who have petitioned on behalf of a potential employee may be impacted by this proclamation. Though U.S. Citizenship and Immigration Services can still process petitions (Form I-360), embassies and consulates in Nigeria, Myanmar, Eritrea and Kyrgyzstan are no longer able to issue immigrant visas at this time. The only potential way to overcome these restrictions is to apply for a waiver.
Nonimmigrant visas (Form I-129) are not impacted by this ban. Workers who are currently in the United States are also not impacted by this ban and may adjust status.
EB-5 Investor Visas
Those from Nigeria, Myanmar, Eritrea and Kyrgyzstan who have applied for an EB-5 Investor Visa will be impacted by this proclamation. Though U.S. Citizenship and Immigration Services can still process an immigrant investor petition (Form I-526), embassies and consulates in Nigeria, Myanmar, Eritrea and Kyrgyzstan are no longer able to issue immigrant visas at this time. The only potential way to overcome these restrictions is to apply for a waiver.
Waivers
The only way to overcome these new restrictions is to apply for a waiver. However, there is no application currently available for a waiver, and the State Department has said that it “automatically” considers applicants for them. An applicant must meet three factors to receive a waiver approval; 1. An “undue hardship” would befall the applicant if they were denied entry into the United States; 2. Entry of the applicant would not pose a threat to the United States; and 3. Entry of the Applicant would be in the national interest of the United States. However, due to the harsh waiver criteria assessment and the fact that the U.S State Department has not been willing to accept supporting evidence for waiver applications, waivers are unlikely to be approved. The last official numbers from the 2017 travel ban show that only 6 percent of applicants received waivers between 2017 and 2018.