How Coronavirus (COVID-19) is Impacting Immigration; New European Travel Ban Announced

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In addition to its well-documented health impacts, Coronavirus (COVID-19) is also affecting both travel and immigration application and visa processing, as countries try to contain the spread of this virus.

What is COVID-19?

COVID-19 is a highly contagious respiratory illness. For more information about COVID-19, we recommend referencing the Coronavirus/COVID-19 informational pages published by the World Health Organization and the Centers for Disease Control and Prevention (CDC).

How is COVID-19 affecting immigration?

COVID-19 has affected travel and immigration application and visa processing in two significant ways: travel restrictions and changes to immigration agency operations and office policies.

Travel Restrictions

China and Iran Travel Restrictions

Since the illness began to spread worldwide, the United States has issued special restrictions on who can enter the country. For example, immigrants and non-immigrant visitors who had been in China or Iran within 14 days of their attempted date of entry into the United States are not currently eligible to enter the United States. Citizens and lawful permanent residents of the US face special screening when they return to the country as well, if they have been in certain countries where COVID-19 is more widespread. Some people returning to or entering the US may be required to go into quarantine for at least 14 days; others may be asked to self-quarantine at home for two weeks after returning to the United States. Many other countries have imposed similar restrictions, extra screening, and quarantines.

European Travel Restrictions

On March 11, 2020, President Trump announced that the US will ban the entry of foreign nationals who have been physically present in one of the 26 European countries of the Schengen Area within 14 days before their attempted entry, with limited exceptions. The European Travel Ban is effective starting 11:59pm on Friday, March 13, 2020.

The Schengen Area includes the following countries: 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. Notably, the UK is not subject to these travel restrictions.

The following travelers are not subject to the ban, but may be required to undergo screening and other measures upon arrival:

  • U.S. citizens;

  • U.S. lawful permanent residents;

  • Spouses of U.S. citizens and lawful permanent residents;

  • A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;

  • A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both under 21;

  • A foreign national 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 on an IR-4 or IH-4 visa;

  • A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;

  • A foreign air or sea crewmember;

  • Certain A, C, E-1 (TECRO or TECO), G, and NATO nonimmigrants;

  • A foreign national whose entry would not pose a risk of transmitting the virus as determined by the CDC;

  • A foreign national whose entry would further important U.S. law enforcement objectives;

  • A foreign national whose entry would be in the national interest; and

  • Members of the U.S. armed forces and their spouses and children.

In addition to government-mandated travel restrictions, many airlines have suspended operations to locations in China, Iran, and Italy, which have seen the highest number of confirmed cases of the illness. Some airlines have also reduced or suspended service to Japan, Singapore, and South Korea as well.

Embassy, Consulate and Immigration Agency Office Closures and Policy Changes

Several US Embassies and Consulates have either closed, or significantly reduced staff levels, which has resulted in visa processing delays.

US Consulates in China have not been processing visas since late January. The consulate in Milan, Italy, suspended visa operations during the first week of March, and was still closed at the time this article was written; it is unclear at this time when visa processing activities will resumesince then all consular offices in Italy have suspended operations. The consulate in Seoul, South Korea, had suspended visa processing, but it has since been resumed.  

Currently, all USCIS field offices remain open. USCIS temporary closed its Seattle field office on March 3, 2020, but it reopened to the public on March 11, 2020. 

USCIS is asking immigrant candidates to cancel their interview appointments if they are feeling sick or showing any signs of COVID-19 or any other contagious illness. If you go to your appointment sick, the officer may cancel your appointment or interview, and reschedule it for a later date. For more information about Consulate and Field Office closures, click here. For information about when and how to reschedule your appointment, click here.

In addition, immigration court judges are being encouraged to restrict courtroom appearances to ensure only those people who must be present are in the courtroom at any given time; they are also being encouraged to tell their staff to stay home if they are sick. These restrictions are being left to the discretion of the judges, so we recommend confirming your immigration court appearance with your attorney before going to the courthouse

Questions?

If you have any questions about the impact of COVID-19 on your immigration situation, please contact your Ellis Porter immigration professional. We will continue to closely monitor all travel restrictions and any other immigration impacts related to COVID-19 and issue follow-up alerts as necessary.