American bringing alien spouse into U.S. 2020

[Eric Blair]

As I read the below proclamation, as a natural born American, I can return to the U.S. and bring my (legal) alien wife with me even though all she has is a 10-year U.S. visa but only if she/we come from a specifically designated area.

My question is if my non-American (legal) wife can come with me into the U.S?

If there is anyone here has legal knowledge on this point, I would appreciate input.

This would seem to put Americans who have married non-Americans and are outside of the U.S., in a position of having to choose between going to the U.S. for medical reasons and leaving their spouse, or not going to the U.S.

I'm not looking for discussions, just information from those who may know more than I have found.

Thanks.

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PROCLAMATIONS

Proclamation—Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus

 HEALTHCARE

 

 Issued on: March 11, 2020

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ALL NEWS

On January 31, 2020, I issued Proclamation 9984 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk).  I found that the potential for widespread transmission of a novel (new) coronavirus (which has since been renamed “SARS-CoV-2” and causes the disease COVID-19) (“SARS-CoV-2” or “the virus”) by infected individuals seeking to enter the United States threatens the security of our transportation system and infrastructure and the national security.  Because the outbreak of the virus was at the time centered in the People’s Republic of China, I suspended and limited the entry of all aliens who were physically present within the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.  On February 29, 2020, in recognition of the sustained person-to-person transmission of SARS-CoV-2 in the Islamic Republic of Iran, I issued Proclamation 9992 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), suspending and limiting the entry of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.

The Centers for Disease Control and Prevention (CDC), a component of the Department of Health and Human Services, has determined that the virus presents a serious public health threat, and CDC continues to take steps to prevent its spread.  But CDC, along with State and local health departments, has limited resources, and the public health system could be overwhelmed if sustained human-to-human transmission of the virus occurred in the United States on a large scale.  Sustained human-to-human transmission has the potential to cause cascading public health, economic, national security, and societal consequences.

The World Health Organization has determined that multiple countries within the Schengen Area are experiencing sustained person-to-person transmission of SARS-CoV-2.  For purposes of this proclamation, the Schengen Area comprises 26 European states: 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.  The Schengen Area currently has the largest number of confirmed COVID-19 cases outside of the People’s Republic of China.  As of March 11, 2020, the number of cases in the 26 Schengen Area countries is 17,442, with 711 deaths, and shows high continuous growth in infection rates.  In total, as of March 9, 2020, the Schengen Area has exported 201 COVID-19 cases to 53 countries.  Moreover, the free flow of people between the Schengen Area countries makes the task of managing the spread of the virus difficult.

The United States Government is unable to effectively evaluate and monitor all of the travelers continuing to arrive from the Schengen Area.  The potential for undetected transmission of the virus by infected individuals seeking to enter the United States from the Schengen Area threatens the security of our transportation system and infrastructure and the national security.  Given the importance of protecting persons within the United States from the threat of this harmful communicable disease, I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States.  The free flow of commerce between the United States and the Schengen Area countries remains an economic priority for the United States, and I remain committed to facilitating trade between our nations.

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:

Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

Sec. 2.  Scope of Suspension and Limitation on Entry.

(a)  Section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

(iii)   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;

(iv)    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;

(v)     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 classifications;

(vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;

(vii)   any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;

(viii)  any alien

(A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or

(B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

(ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

(x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or

(xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

(b)  Nothing in this proclamation shall be construed to affect any individual’s eligibility 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.

Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.

(b)  Consistent with applicable law, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall ensure that any alien subject to this proclamation does not board an aircraft traveling to the United States.

(c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.

(d)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

Sec. 4.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall recommend that the President continue, modify, or terminate this proclamation as described in section 5 of Proclamation 9984, as amended.

Sec. 5.  Effective Date.  This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.  This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13, 2020.

Sec. 6.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States.  Accordingly:

(a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

(b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.

Sec. 7.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

DONALD J. TRUMP

[Bisbee Gal]

Above only applies to people coming in from Schengen Area.

[Eric Blair]

3 hours ago, Bisbee Gal said:

Above only applies to people coming in from Schengen Area.

Yes, I pointed out that I knew that in my introduction.

That really sort of puts Americans with non-american spouses in a very difficult position should one want/need to return to the U.S.

Of course, the argument could be made that if the rule allowed any alien spouse to return with his/her spouse, result in a lot of "marriages of convenience." But this could be covered by providing a minimum time for the marriage prior to the current pandemic.

If I had to choose, I would stay w/my wife.

[mudgirl]

2 hours ago, Eric Blair said:

a)  Section 1 of this proclamation shall not apply to:

(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

How does this not answer your question?

[johanson]

Do you even know what "The Schengen Area is. I have to admit I didn't and I lived in the Netherlands and Germany in the  1960s for 7 years.

Here is what it means:

The Schengen Area is an area comprising 26 European states that have officially abolished all passport and all other types of border control at their mutual borders. The area mostly functions as a single jurisdiction for international travel purposes, with a common visa policy. Wikipedia

Area: 4.312 million km²

Population: 419,392,429

 

I am always learning something on this forum.  

[AngusMactavish]

The Schengen Area has a visa waiver program with the US. Mexico does not and no matter how long one is married to a Mexican, they need a visa. Forget applying for a tourist visa as they rarely grant one. One would need a K1 visa at least and that is a minimum nine month process.

[Mostlylost]

45 minutes ago, AngusMactavish said:

The Schengen Area has a visa waiver program with the US. Mexico does not and no matter how long one is married to a Mexican, they need a visa. Forget applying for a tourist visa as they rarely grant one. One would need a K1 visa at least and that is a minimum nine month process.

OP stated wife had 10 year tourist visa. So his wife normally is no problem. I woul suggest he call and find out. Seems reasonable that he should be able to.

And by the way tourist visas for Mexican's are easy to get. In my extended family no one has been denied one and there are over 20. 

[rafterbr]

4 hours ago, Mostlylost said:

OP stated wife had 10 year tourist visa. So his wife normally is no problem. I woul suggest he call and find out. Seems reasonable that he should be able to.

And by the way tourist visas for Mexican's are easy to get. In my extended family no one has been denied one and there are over 20. 

Just because you have a visa does not mean they have to let you in.  We were told by  immigration my Mexican wife needed a green card even though she had a visa so we got one for her.  Also her son was denied a visa to visit us even though he was in the Masters program at the University of Mexico.  Under Trump things are a lot tougher.

[rafterbr]

To be clear my wife did travel into the states with me two or three times on her visa before they recommended she get green card.  As you probably know, once she applies for a green card she is supposed to stay in the states until it is granted.  In our case it took about 6 months.

[Mostlylost]

12 hours ago, rafterbr said:

To be clear my wife did travel into the states with me two or three times on her visa before they recommended she get green card.  As you probably know, once she applies for a green card she is supposed to stay in the states until it is granted.  In our case it took about 6 months.

Your 2 replies have nothing to do regarding the OP's question, which is can he take his wife now.  

My wife has traveled with me to the USA 4-5 times a year for years with only a tourist visa. No one has ever recommended she needs to get a green card as she does not want to live in the USA full time.  A green card is for permanent residents.

Under Trump the green card requirements are not any tougher unless you do not have a source of support or income. 

[AlanMexicali]

12 hours ago, rafterbr said:

To be clear my wife did travel into the states with me two or three times on her visa before they recommended she get green card.  As you probably know, once she applies for a green card she is supposed to stay in the states until it is granted.  In our case it took about 6 months.

Not only that to keep the green card from becoming void she needs to reside in the US 6 out of every 12 months. If she hasn't followed this immigration law it is now void. They look at your IRS filings when you apply for citizenship.

[HookEmHorns]

18 hours ago, oregontochapala said:

I have a good friend  who cannot return to the country  he served because his Mexican wife is not welcome.

Be grateful you can't  go to that shithole country.

What an asinine comment !!!

[HookEmHorns]

19 minutes ago, AlanMexicali said:

Not only that to keep the green card from becoming void she needs to reside in the US 6 out of every 12 months. If she hasn't followed this immigration law it is now void. They look at your IRS filings when you apply for citizenship.

So, you can still live full time in Mexico, as long as you file IRS from an address in the States (like your daughter's).

 

[AngusMactavish]

5 minutes ago, HookEmHorns said:

So, you can still live full time in Mexico, as long as you file IRS from an address in the States (like your daughter's).

 

Not as a US green card holder.

[Mostlylost]

Angus is correct. The requirement is that 6 of every 12 months a green card holder (permanent resident) needs to reside in the USA.   Where taxes are filed has nothing to do with meeting a residence requirement.  The entries and exits are recorded by immigration.   

[rafterbr]

On 3/30/2020 at 11:32 AM, Mostlylost said:

Your 2 replies have nothing to do regarding the OP's question, which is can he take his wife now.  

My wife has traveled with me to the USA 4-5 times a year for years with only a tourist visa. No one has ever recommended she needs to get a green card as she does not want to live in the USA full time.  A green card is for permanent residents.

Under Trump the green card requirements are not any tougher unless you do not have a source of support or income. 

As you should know what is said and done at the entry point is totally at the discretion of the immigration officer.  I am happy your wife was not questioned but my wife was on her 3rd visit and it was highly suggested she get a green card.  Under the present virus circumstances your wife can be denied entrance, mine cannot as she is now a permanent resident.  She will now apply for her citizenship so she can stay out of the country as long as she wants to instead of being limited to 6 months.  The 6 month rule is not a problem with us as we have a ranch in Oklahoma and a house in Riberas and like to travel between the two.  She will not give up her Mexican citizenship, she will have dual citizenship.  Green card requirements may not be tougher but under Trump the process has been slowed down and wait times much longer.

[Mostlylost]

40 minutes ago, rafterbr said:

As you should know what is said and done at the entry point is totally at the discretion of the immigration officer.  I am happy your wife was not questioned but my wife was on her 3rd visit and it was highly suggested she get a green card.  Under the present virus circumstances your wife can be denied entrance, mine cannot as she is now a permanent resident.  She will now apply for her citizenship so she can stay out of the country as long as she wants to instead of being limited to 6 months.  The 6 month rule is not a problem with us as we have a ranch in Oklahoma and a house in Riberas and like to travel between the two.  She will not give up her Mexican citizenship, she will have dual citizenship.  Green card requirements may not be tougher but under Trump the process has been slowed down and wait times much longer.

Very interesting, and good for her.    After 3 years of getting her green card she can apply for citizenship. I am very familiar with dual citizenship because I have the same.

I have not seen anything in the directive that says someone using a tourist visa can not accompany their American spouse. Maybe I missed it, but I would argue that a person accompanying their spouse isn't tourism.

 My wife has to be in the USA 2 months a year because of Social Security requirements so I would guess that doesn't fit the definition of tourism either.

Still doesn't address the OP's question. which still remains .. can his wife who has a tourist visa accompany him for a trip to the USA right now. We have not seen a definitive answer..

[rafterbr]

do not believe there is an answer to this question.  The one time I called immigration on a some what similar question I was told it was up to the immigration officer when she enters the country.  I believe they will probably let her in country traveling with her husband and tell her she must go into quarantine.  

[bmh]

It depends on the nationality of the wife. I am French and I can go for 3 months.. Who knows what I can do now since I do not live in France  but in Mexico and I am also Mexican.. If that problem comes up I wll handle it when and if it happens. I sure will not worry before...