Alameda, CA asked in Immigration Law for California

Q: Marriage-based green card application processing/timeline, as it relates to the recently announced executive order.

Because the Administration has announced that they intend to temporarily suspend immigration due to the COVID-19 pandemic, does that also include suspending the processing of marriage-based green cards? I understand that such an executive order has not yet been issued, and that if/when it is issued, it will likely to be challenged in court. However, assuming that USCIS were to reopen their offices after the COVID-19 pandemic and the executive order was issued, is there any scenario in which it would not affect the processing of marriage-based green card applications?

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2 Lawyer Answers
Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: As you said, it's not out yet. However, there's a post on Bloomberg about a leaked draft of it. See https://www.bloomberg.com/news/articles/2020-04-21/trump-says-he-ll-suspend-immigration-to-u-s-over-virus-concerns

If things continue as they are, the draft only concerns people who are entering the US on a work visa. It does not concern itself with marriage-based green cards, nor does it concern itself with people who are already here. Things could change. When the EO does come out officially, ask another question and someone, or me, can help out with what it means.

1 user found this answer helpful

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: The executive order that was issued today ( April 22, 2020) does not apply to a spouse of a U.S. citizen. Moreover, the restrictions are primarily geared toward individuals who are abroad.

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