FAQ regarding immigration law issues that are impacted by the coronavirus

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Siskind Susser Immigration FAQ Regarding COVID-19 Travel Restrictions
As of March 12, 2020
1. What countries does the new travel prohibition include?
As of March 11, a Presidential Proclamation has been extended to prohibit some travelers from
26 European countries known has the Schengen Area: 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.
2. What European countries are not included?
Most notably, there are no travel restrictions placed on the U.K. and Ireland. Croatia, Cyprus,
Turkey and the Ukraine are also not included in the travel restrictions.
3. Does this travel restriction apply to everyone?
No, the travel restriction does not apply to U.S. Citizens, legal permanent residents (green card
holders), and (generally) immediate family member of U.S. citizens*.
*Any alien who is the spouse of a U.S. citizen or lawful permanent resident; 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; 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; 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 classification.
The restriction also does not apply to member of the U.S. Armed Forces and spouses and
children of member of the U.S. Armed Forces.
4. Who does it affect?
Foreign nationals ho ha e been in certain E ropean co ntries at an point d ring the days
prior to their sched led arri al to the United States
This means that even if you are on a flight that is not directly from a Schengen Area country
you would be denied entry to the U.S. if you have been in that area at any point during 14

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da s before o r U S arri al date Please note An alien ho circ m ents the application of
this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry
shall be a priorit for remo al b the Department of Homeland Sec rit
https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-
immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-
coronavirus/
5. When do these restrictions start?
The restrictions begin at 11:59 p.m. EST, Friday, March 13, 2020.
6. What other areas currently have travel restrictions?
Currently, China (effective since 5:00pm EST on February 2, 2020) and Iran (effective since
5:00pm EST on March 2, 2020) have similar travel restrictions as the one placed on the
Schengen Area.
7. How long will the travel restrictions be in place?
The travel restrictions on individuals coming from the Schengen area are to remain in effect
until terminated by the President who has indicated a period of 30 days.
The travel restrictions on individuals coming from mainland China and Iran will remain in
effect until terminated by the U.S. President.
8. I am a U.S. Citizen or an individual who is not under the travel restriction, what will happen
when I travel back to the United States?
U.S. citizens returning to the United States who have been in the Hubei province in the
previous 14 days may be subject to quarantine up to 14 days.
At this time, restrictions have not been placed on U.S. citizens returning to the United
States. Vice President Mike Pence has suggested that American travelers returning from the
rest of mainland China, Iran or the Schengen area within the previous 14 days may soon be
funneled through one of 13 airports, where they may undergo a health screening and
possible self-quarantine. This has not been implemented at this time.
9. How do these travel restrictions affect other humanitarian immigration processes?
Nothing in the tra el restrictions sho ld be constr ed to affect an indi id al s eligibilit for
asylum, withholding of removal, or protection under the regulations issued pursuant to the
legislation implementing the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, consistent with the laws and regulations of the United
States.

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10. I am a student, how do changes in school polices affect my student visa?
The Student and Exchange Visitor Program (SEVP) is not requiring prior notice of procedural
adaptations but is requiring notification of procedural adaptations within ten business days
of the date of the decision to initiate the operational change. This is true for both individuals
with F and M visas.
Institutions should send the required information to the SEVP Response Center at
SEVP ice dhs go In the s bject line incl de COVID- School Operations School code
Please look to the https://www.ice.gov/doclib/sevis/pdf/bcm2003-01.pdf for more detailed
information.
11. I have a USCIS appointment/ interview, but I feel sick what should I do?
USCIS is asking that if you feel sick to consider cancelling and rescheduling your USCIS
appointment. According, to USCIS if you or someone with you appears ill the officer has the
authority to cancel your appointment / interview. However, there will be no penalty and
you will be able to reschedule. Please see https://www.aila.org/infonet/uscis-issues-alert-
on-rescheduling-appointments for more information.
12. I have a visa appointment / interview in an embassy or consulate abroad, how is it affected
by COVID-19?
If you have an appointment or interview scheduled abroad the best thing to do is to attempt
to contact that location directly. Each Consulate and Embassy is making independent
determinations of when to close based on conditions in the area. At this time, most visa
stamping appointments in China have been postponed due to the restriction on large public
gatherings. There are also reports that the Consulates in Dublin and Frankfurt have begun
cancelling appointments.
The Department of States has created a page for Country Specific Information in response to
COVID-19. The site list individual countries, entry and exit requirements, quarantine
information, office closures and local resources. Please see
https://travel.state.gov/content/travel/en/traveladvisories/COVID-19-Country-Specific-
Information.html for more information.
13. I have an appointment / interview at a USCIS office, ACS location or other immigration
related office, is that affected?
If you have an appointment or interview scheduled the best thing to do is to attempt to
contact that location directly.

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However, please note the following offices are affected:
Effective March 12, and until further notice, all asylum decision pick-up appointments at
the New York Asylum Office and the Newark Asylum office will be cancelled and
decisions will be mailed.
Seattle ICE-ERO office is closed as of March 4 until further notice. Any appointments
missed due the office closure will be rescheduled. The ICE-ERO office is advising anyone
who visited the Seattle Field Office (12500 Tukwila International Boulevard), on or after
Feb. 24 and develops flu-like symptoms to self-quarantine and contact health authorities.
The Seattle Immigration Court is closed March 11 March 13. Filings due during this
clos re ill considered time filed if recei ed on the co rt s ne t b siness da
The Seattle Application Support Center (ASC) is OPEN as of March 10, 2020. If you did not
attend your USCIS biometrics appointment due to the closure of the Seattle ASC from
March 3, 2020 to March 9, 2020, your appointment will be automatically rescheduled.
14. Are there any changes to International Exchange Programs due to COVID-19?
Yes, the Bureau of Educational and Cultural Affairs (ECA) will temporarily pause all ECA-funded
programs that involve travel to and from countries with heightened U.S. Centers for Disease
Control and Prevention (CDC) Alert Level 2 (Practice Enhanced Precautions) and Warning Level 3
(Avoid Nonessential Travel) or heightened State Department COVID-19 related Travel Advisory
Levels 3 (Reconsider Travel) and 4 (Do Not Travel). To review a specific country please visit
https://wwwnc.cdc.gov/travel/notices.
Siskind Susser is regularly updating a blog focused on immigration updates due to COVID-19, which
can be found at http://coronavirus-immigration.com/
Government Resources
https://www.ice.gov/doclib/sevis/pdf/bcm2003-01.pdf
https://www.federalregister.gov/documents/2020/03/04/2020-04595/suspension-of-entry-as-
immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of
https://www.federalregister.gov/documents/2020/02/05/2020-02424/suspension-of-entry-as-
immigrants-and-nonimmigrants-of-persons-who-pose-a-risk-of-transmitting-2019