On Sunday, September 24, 2017, the president, Donald J. Trump, issued a Proclamation that will have an impact on some of our clients. This Proclamation replaces the previous Executive Orders restricting admissions to the U.S. of citizens of certain designated countries.
Who is Impacted
The new Proclamation will restrict admission to the United States for an indefinite period for certain citizens of the following countries: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. The travel restrictions under this proclamation vary depending on the country of citizenship and will be outlined in more detail below for each country.
- Chad: The entry into the U.S. of nationals of Chad is suspended for both immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.
- Iran: The entry into the U.S. by Iranian nationals as both immigrants and nonimmigrants is suspended. One exception to this for Iranian nationals are those who are coming to the U.S. on valid student (F and M) and exchange visitor (J) visas.
- Libya: The entry into the U.S. of nationals of Libya is suspended for both immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.
- North Korea: The entry into the U.S. of nationals of North Korea as immigrants and nonimmigrants is suspended.
- Syria: The entry into the U.S. of nationals of Syria as immigrants and nonimmigrants is suspended.
- Venezuela: The entry of certain government employees of the government of Venezuela and their immediate family members are suspended as well as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas. Other travelers from Venezuela will be subjected to additional security measures which will likely mean delays in visa issuance and secondary inspection upon arrival at the airport.
- Yemen: The entry into the U.S. of nationals of Yemen is suspended for both immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.
- Somalia: The entry of nationals of Somalia as immigrants is suspended. Additionally, visa adjudications for nationals of Somalia and decisions regarding their entry as nonimmigrants will be subject to additional scrutiny and delays. They are likely to face secondary inspection upon arrival in the U.S.
The order specifically exempts the following categories of people:
- Lawful permanent residents of the United States;
- Any foreign national who is admitted to or paroled into the United States on or after the effective date of this order;
- Any foreign national holding a document other than a visa that is valid on the effective date of this order or issued at any time there after that permits travel to the U.S. (such as an advanced parole document);
- Any dual national of a designated country who travels to the U.S. on their passport from a non-designated country;
- Any foreign national who has been granted asylum; any refugee who has already been admitted to the United States; or anyone granted coverage under the Convention Against Torture; or
- Anyone traveling on a diplomatic or diplomatic-type visa.
The proclamation does list out possible waivers available in limited circumstances that may be available to those impacted by this travel ban, however, at this time it is not clear what the process will be to apply for a waiver and how regularly or freely they will be given. We will continue to monitor developments on this front and update clients accordingly. If you have questions about whether you are covered under this travel ban you should reach out to the attorney overseeing your case or Sam Adair?for advice on next steps. Graham Adair is closely monitoring any new developments and we will release information as it becomes available. Please check back to our website for further updates and follow us on Twitter for real time updates as they become available.