No automatic exception now: travel ban initially carved out immediate relatives, later proclamation removed the categorical carve‑out
Key Takeaways
- It has been reported that Presidential Proclamation 10949 originally carved out a categorical exception for immediate relatives of U.S. citizens.
- A subsequent proclamation, 10998, removed that categorical exception — there is not now an automatic, blanket exemption for immediate relatives abroad.
- Case‑by‑case exceptions (for example a National Interest Exception or other consular waivers) may still be possible, but are discretionary and limited.
- If the intending immigrant is already in the U.S., they may be able to pursue adjustment of status with USCIS (U.S. Citizenship and Immigration Services); if abroad, expect delays and consult the relevant U.S. embassy or consulate.
- Practical steps: file the I‑130 petition now to preserve the family relationship record, monitor consular guidance, and seek legal counsel for waiver/NIE requests.
Background: what changed
It has been reported that the initial travel restriction under Presidential Proclamation 10949 included a categorical exception for immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents of U.S. citizens. That meant, in theory, those family members could still seek immigrant visas despite the broader pause. However, Presidential Proclamation 10998, issued later, removed that categorical exception. The result: there is no longer an automatic, across‑the‑board exemption for immediate relatives from the visa pause.
What this means for couples
For U.S. citizens married to foreign nationals from affected countries, the practical effect is separation and uncertainty. Filing an I‑130 (the petition to establish the family relationship) with USCIS remains an available step and can preserve the relationship in the immigration system, but an approved I‑130 does not by itself compel a consulate to issue an immigrant visa while the proclamation’s pause is in effect. If the foreign spouse is physically in the United States, they may be eligible to apply for adjustment of status with USCIS to seek a green card without consular processing — but eligibility depends on their current status, entry, and other legal factors.
Exceptions and options to watch
Although the categorical exception was removed, discretionary, case‑by‑case avenues still exist. U.S. embassies and consulates can consider National Interest Exceptions (NIEs) or other waiver pathways in limited circumstances; these are granted narrowly and are not guaranteed. For many families the best immediate moves are to file required petitions and forms now, keep close contact with the U.S. embassy or consulate handling the file, and consult an immigration attorney to prepare any waiver/NIE requests and to evaluate whether adjustment of status in the U.S. is feasible.
Source: Original Article