While the outbreak of the COVID-19 pandemic has rendered many great and flourishing global economies into shambles, several countries have brought about rapid changes in dire attempt to stabilize the economy and sustain their citizens. The Trump administration had tried achieving the same through various Presidential Proclamations hoping to “Make America Great Again”. One such Proclamation was the P.P 10014.
The Presidential Proclamation (P.P.) 10014 got into effect in April 22, 2020 suspending the entry of Immigrants presenting a risk to the Labor Market of the United States preparing for economic recovery in the aftermath of the Corona virus outbreak. President Biden pointed out how the said proclamation which was brought up during the Trump Administration does not advance the interests of the United States and instead prevents certain family members from joining their families in the United States. It was also pointed out that the P.P 10014 also harms industries in the United States that utilize talent from around the world and individuals who received immigrant visas through the Fiscal Year 2020 Diversity Visa Lottery. Proclamation 10014 has prevented these individuals from entering the United States resulting in the delay and possible forfeiture of their opportunity to receive Fiscal Year 2020 diversity visas. President Biden issued Proclamation 10149 which rescinded the 10014 Proclamation on February 24, 2021.
Following the repeal of the Presidential Proclamation 10014, those holding diversity visas issued in 2020 that are still valid may seek entry to the United States immediately. Individuals whose DV-2020 visas have expired may not be issued replacement visas; however, those who received diversity visas in 2020 as a result of orders in the court case Gomez v. Trump may travel to the United States on an expired visa. The court, however, did not specify the duration of validity of the said visa. Since the probability of modification of the court order is a foreseeable possibility, applicants wishing to benefit from the order are encouraged to travel as soon as practicable before such modifications are brought about.
Immigrant visa applicants whose petitions remain valid and who were previously interviewed but refused visas due to the Proclamation should wait for instructions from the U.S. embassy or consulate where they were interviewed.
Immigrant visa applicants who have not yet been interviewed or scheduled for the same will have their applications processed according to existing phased resumption of visa services framework of the Department of State.
The Diversity Visa (DV) applicants for the 2020 fiscal year (DV-2020) who hold a valid immigrant visa and are subject to the geographic COVID-19 Presidential Proclamations have been granted a national interest exception. In addition, diversity visa applicants for DV-2020 who were not issued visas before September 30, 2020 for whatsoever reasons will not be eligible anymore since the fiscal year 2020 ended.
The Diversity Visa applicants for the 2021 fiscal year (DV-2021) should wait to be notified of the scheduling of an interview in accordance with the phased resumption of visa services framework.
In addition, as per U.S. Department of State announcement dated February 24, 2021, the embassies and consulates are resuming routine visa services on a post-by-post basis. At present U.S. embassies and consulates continue to provide emergency and mission-critical visa services. Please note, as post-specific conditions improve, the embassies and consulates will begin providing additional services and will resume routine visa services completely as soon as it is safe to do so for the public and embassy workforce. Applicants should check the website of their nearest U.S. embassy or consulate for updates on what visa services are currently available.
We will regularly update the blog as soon as any new information is available.
Disclaimer
This article aims to provide new information concerning repeal of Presidential Proclamation 10014. This article, under no circumstances, acts as legal advice; therefore, for any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).
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