1. Scope of EO is limited to people outside the US on April 23 at 11:59 PM

Following the publication of the order by President Trump, we have reviewed the EO further, and by its plain wording, it only applies to people outside the U.S. at the time it went into effect (April 23, 2020 at 11:59PM). According to the specific language used, it does not apply to anyone who was in the U.S. when it went into effect and who may later leave the country to consular process. For instance, people who have a pending I-601A application to waive unlawful presence, anyone married to an LPR who is on a visa waiver and has to go home for an immigrant visa, and so on, are not affected by the EO and should be able to exit and reenter the U.S. without problems.

2. Importance of saving evidence of presence

If you were in the U.S. on April 23, you may need to prove that later on to demonstrate the EO does not apply to you.  To do so, you should locate evidence that you were here on that date, such as emails sent and received that indicate presence here, receipts for takeout meals purchased before, on and after that date, etc.  Due the lockdown orders in place before April 23, proof that you were in the US shortly before and shortly after that date constitutes good proof of your presence on April 23, even if you do not have perfect evidence that you were here on that specific date.

You also may want to send a letter now to a friend by first class mail and have the friend send it back to you.  This kind of evidence also can be helpful in other kinds of cases, such as U visa cases where proof of presence is relevant to your claim.

We are asking all of our clients to gather relevant proof of your presence here in the U.S., before, on and after April 23, and to send it to us to preserve in your file.  You also must keep copies of that evidence in your records.