It has been rumored that President Biden will rescind Proclamations 10014 and 10052. Proclamation 10014 instituted a sweeping ban on the entry of immigrants and nonimmigrants to the United States, including spouses and children of green card holders applying at a U.S. Consulate or Embassy abroad, parents, siblings, and children of U.S. citizens, EB-1A extraordinary ability immigrants and their family members, L applicants, J applicants, H1-B applicants, and more. Proclamation 10014 was extended by Proclamation 10052, and then extended once again in the final days of the Trump administration until March 31, 2020.
At Kuck Baxter Immigration, LLC, we have been suing the former Trump Administration and now the Biden Administration on the unlawful, arbitrary, and capricious effect and application of these Proclamations, and we have been winning.
In Aker v. Trump, Tate v. Pompeo, and Anunciato v. Trump, and Milligan v. Trump, our law firm has been successful in obtaining injunctions against the Department of State in applying the entry bans as visa issuance bans, and our Plaintiffs have been receiving their visas. We may even be successful in striking down the Proclamations as a whole, pending the Courts’ final decisions. However, many individuals are still largely unable to enter the United States absent a finding by the Department of State of a national interest exception. These exceptions are extremely difficult to get granted, but applicants for visas covered by the Presidential Proclamations are encouraged to apply for them regardless.
It was previously rumored at the end of January, that the Biden administration would be rescinding these proclamations, but no such actions have taken place so far. The hope is that these proclamations are rescinded soon as there are many people seeking to enter the country.
If you are a K-1 visa holder, and your immigration to the United States has been affected by the Presidential Proclamations, please contact us about your case immediately.