President Trump Issues New Travel Ban

President Trump Issues New Travel Ban

September 25, 2017

On Sunday, September 24, 2017, President Donald Trump issued a Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats that indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, and Yemen (Sudan had originally been included).  Please note that this information is subject to change.

The Proclamation applies immediately (effective at 3:30pm EST on September 24, 2017) to those who are covered by the prior travel ban that had been subject to federal court litigation and who lack a credible bona fide relationship to a person or entity in the U.S.  For all other persons – including nationals of Iran, Libya, Syria, Yemen, and Somalia who have a bona fide relationship in the U.S. – AND nationals of Chad, North Korea, and Venezuela, the new ban becomes effective at 12:01 am on October 18, 2017.

The White House has issued a Frequently Asked Questions page on the new travel ban.  A summary on those who are impacted by this new travel ban is below:

Travel Restriction for Nationals of Eight Countries – Chad*, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Conditions

  • Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day MB-4 goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
  • Does NOT apply to:
    • Lawful permanent residents (green card holders);
    • Individuals admitted or paroled into the U.S. on or after the effective date;
    • Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
    • Dual-nationals traveling on a passport from a non-designated country;
    • Individuals granted asylum;
    • Refugees already admitted to the U.S.; or
    • Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture
  • Until October 18, 2017, Citizens of Iran, Libya, Somalia, Syria, and Yemen are exempt from the travel ban if they have a “bona fide relationship” with a U.S. person or entity, meaning:
    • A close family member living in the U.S.,
    • An offer of employment in the U.S., and/or
    • An admission to study in the U.S.

Previously-Impacted Countries – Restrictions Effective Immediately:

  • Iran
    • Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with a bona fide relationship to a U.S. person or entity OR for those with F, J, or M visas.
    • Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
    • The bona fide relationship exemption ends October 18, 2017.
  • Libya
    • Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
    • The bona fide relationship exemption ends October 18, 2017.
  • Somalia
    • Effective immediately, immigrant visas are suspended for Somali nationals, except for those with a bona fide relationship to a U.S. person or entity.
    • Non-immigrant visas are permitted, subjected to heightened screening.
    • The bona fide relationship exemption ends October 18, 2017.
  • Syria
    • Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals, except for those with a bona fide relationship to a U.S. person or entity.
      The bona fide relationship exemption ends October 18, 2017.
  • Sudan
    • Sudan was removed from the list of restricted countries in MB-4.
    • Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
    • The bona fide relationship exemption ends October 18, 2017.
  • Yemen
    • Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended, unless the visa holder has a bona fide relationship to a U.S. person or entity.
    • The bona fide relationship exemption ends October 18, 2017.

Newly Impacted Countries

  • Chad*
    • Effective October 18, 2017, all immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
  • North Korea
    • Effective October 18, 2017, all immigrant and nonimmigrant visa holders are suspended from entering the U.S.
  • Venezuela
    • Effective October 18, 2017, the entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
    • Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Refugee Program

  • No changes were made in today’s order that impact refugees.
  • There continues to be a 120-day halt of the entire refugee program, which started on March 16, 2017.
  • Refugees with a bona fide relationship to a U.S. person or entity are exempt from the ban.
  • Currently, a formal assurance from a refugee resettlement agency is insufficient on its own to establish a bona fide relationship.  This matter is under appeal.
  • The number of refugees to be admitted to the U.S. for fiscal year 2017 is reduced to 50,000.

* On April 11, 2018, Chad was removed from the list of countries with travel restrictions to the United States.

By | 2018-06-27T20:52:56+00:00 September 25th, 2017|Blog, Immigrant Visa, Non-Immigrant Visa|Comments Off on President Trump Issues New Travel Ban

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