![]() n September 24, 2017, President Trump issued a new travel ban, following multiple court challenges to the previous bans. The Executive Order explains that the US State Department reviewed the information that foreign governments shared with the US, to ensure that the US could adequately vet intending immigrants and visitors. The order states that "...the following countries continue to have "inadequate" identity-management protocols, information-sharing practices, and risk factors..., such that entry restrictions and limitations are recommended: Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen." The White House has issued an FAQ, explaining the restrictions in more detail, and why different rules apply to the different countries. The following categories are NOT affected:
The restrictions take effect immediately for nationals of the countries covered by the earlier Executive Order and who lack a "..bona fide connection to a person or entity in the United States." For all others, the restrictions take effect on October 18, 2017. There was no restriction places on refugee admissions, but we expect another announcement on this soon. The specific restrictions are as follows: Chad Immigrant and business and/or tourist visas suspended. Iran Immigrant and nonimmigrant visas suspended, except for F (student) and J (exchange visitor) visas. These applicants will be subject to enhanced screening and vetting requirements. Libya Immigrant and business and/or tourist visas suspended. North Korea All entries suspended. Somalia Immigrant visas suspended. All others will be subject to enhanced screening and vetting requirements. Syria All entries suspended. Venezuela Some Venezuelan government officials and their immediate family members are prohibited from entering on business and/or tourist visas. Yemen Immigrant and business and/or tourist visas suspended. For more information, please contact Elaine Martin, immigration lawyer. White House FAQs White House Fact Sheet Proclamation
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![]() March 6, 2016. President Trump signed a new Executive Order (EO) today, restricting travel to the US for nationals of six, mainly Muslim, countries. The order replaces the earlier EO, which has been on hold due to ongoing litigation. The new EO bans travel to the US for nationals of the 6 countries for 90 days, if they don't have a green card or an existing visa permitting them to enter the US. The new order makes the following changes to the original plan. Countries Affected. Iraq has been removed from the list of affected countries, leaving Iran, Libya, Somalia, Sudan, Syria and Yemen. However, Iraqi nationals will need "thorough review" before any immigration benefit is granted. According to the EO "Such review shall include consideration of whether the applicant has connections with ISIS or other terrorist organizations or with territory that is or has been under the dominant influence of ISIS, as well as any other information bearing on whether the applicant may be a threat to commit acts of terrorism or otherwise threaten the national security or public safety of the United States." Effective Date Unlike the previous EO, which had immediate effect, the new EO takes effect on March 16, 2017. Who is Excluded from the Ban? The ban does not apply to
Are There Exceptions to the Ban? The EO allows for consulates to grant visas in exceptional circumstances, where the foreign national can show "...undue hardship, and that his or her entry would not pose a threat to national security and would be in the national interest." The list of circumstances warranting a waiver are:
Refugees The new EO suspends refugee applications for 120 days and caps the number of refugees at 50,000. ************************************************** This is a very initial analysis of the new Executive Order, and new details and interpretations will emerge daily. Please contact Elaine Martin, immigration lawyer, with questions. For more information, please see DHS FAQ on new Executive Order DHS Fact Sheet on new Executive Order ACLU Planning Legal Challenge to new Executive Order UPDATED January 30, 2017. Changes in italics
The situation is changing hourly, so please check back frequently as we update this alert. What countries are affected by the ban? The countries involved are: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The Executive Order (EO) refers to "aliens", "foreign nationals" and "nationals", so the language is inconsistent. It may include dual nationals. The EO also allows states that "the United States should not admit those who engage in acts of bigotry or hatred (including "honor" killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation." This means that the ban could extend beyond the 7 named countries, and is clearly aimed at people from Muslim countries. What type of immigrants are affected by the ban? The ban applies to anyone entering the US who meets the nationality requirements described above. It applies to refugees, asylum seekers, visitors, nonimmigrant visa holders and even permanent residents (green card holders). The ban excludes some diplomatic visas. I thought green card holders were OK? UPDATE 2/2/17: the White House announced that permanent residents were excluded from the ban. We don't know if immigration officers at the airport are following this guidance yet. 1/28/17: The EO applies to "immigrants", i.e. permanent residents (LPRs). However, after massive protests and complaints about this aspect of the ban, DHS issued a statement stating that LPRs could be allowed into the US. The statement did not remove the "immigrant" language from the ban, but stated that "...absent significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations." In other words, LPRs may be admitted if the admitting officer at the airport feels that they are not a threat. How long does the ban last? The ban lasts for 90 days, starting from yesterday, January 27, 2017. I am from one of those countries - can I travel outside the US? We strongly recommend that you do not travel outside the US until further notice. I have an application pending with USCIS. Will that be affected? Unfortunately, pending applications will probably be placed on hold. The EO section that refers to the ban states that it "...suspend[s] entry into the United States...." (emphasis added). However, other sections refer to "...other benefit.." This could include nonimmigrant visa extensions, citizenship applications, etc. We are hearing rumors that some immigration officers have been told to stop working on applications involving nationals of the 7 countries (1/30/17) Are there any exceptions to the ban? The EO provides that the "Secretaries of State and Homeland Security may, on a case-by-case basis and when in the national interest, issue visas or other immigration benefits.." This waiver was applied to one of the first people affected by the ban, http://www.cnn.com/2017/01/28/politics/2-iraqis-file-lawsuit-after-being-detained-in-ny-due-to-travel-ban/index.html. ********************************* This is much more in the EO, referring to the suspension of refugee admissions for 120 days, suspension of the visa waiver interview program, etc. These will be covered in another blog posting in the next few days. If you have any questions about this matter, please contact Elaine Martin, immigration lawyer. The US Department of Homeland Security announced further restrictions to the Visa Waiver Program. In addition to the immigration restrictions on people with ties to Iran, Iraq, Sudan, and Syria announced earlier (see earlier post http://www.martinvisalawyer.com/blog/category/visa-waiver), similar restrictions now apply to people with connections to Libya, Somalia and Yemen.
For a copy of the DHS press release, see here. For more information, contact Immigration Attorney Elaine Martin |
AuthorElaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country. Archives
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