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Immigration Alert

Follow Up Immigration News Alert: Supreme Court Allows Full Enforcement of Travel Ban

As previously reported, on Monday December 4, 17, the US Supreme Court issued orders allowing the 3rd version President Trump’s Travel Ban (Presidential Proclamation 9645 issued on September 24, 2017) to go fully into effect until the appeals process has been completed. A link to the summary of this version, issued on September 24, 2017, and links to related resources, is available on the Global Affair’s website page (see entry on September 24, 2017): A summary of the restrictions from the Presidential Proclamation are as follows: Nationals of all 7 designated countries (Iran, Libya, North Korea, Somalia, Syria, Venezuela, Yemen) are subject to country-specific travel restrictions, unless exempt or granted a waiver, as described below. 

Update: April 10, 2018. Chad was removed from the list of designated countries. The change was made effective on Friday, April 13, 2018.

A summary of the restrictions from the Presidential Proclamation are as follows:

Nationals of all seven designated countries (Iran, Libya, North Korea, Somalia, Syria, Venezuela, Yemen) are subject to country-specific travel restrictions, unless exempt or granted a waiver, as described below: 

Country

Nonimmigrant Visas

Immigrant and Diversity Visas

Iran

No nonimmigrant visas except F, M, and J student visas, though they will be subject to enhanced screening

No immigrant (coming from oversees for initial entry as a permanent resident) or diversity visas

Libya

No B-1, B-2, and B-1/B-2 visas (visitors for business or tourism). Applicants for other nonimmigrant visas such as student (F-1), exchange visitor (J-1) or temporary work (H-1B, O-1) are not barred but will face additional security clearances in the visa application process

No immigrant (coming from oversees for initial entry as a permanent resident) or diversity visas

North Korea

No nonimmigrant visas

No immigrant (coming from oversees for initial entry as a permanent resident) or diversity visas

Syria

No nonimmigrant visas

No immigrant (coming from oversees for initial entry as a permanent resident) or diversity visas

Venezuela

No B-1, B-2 or B-1/B-2 visas of any kind for certain government officials and their families.

Most Venezuelan visa applications will be unaffected

No restrictions

Yemen                    

No B-1, B-2, and B-1/B-2 visas (visitors for business or tourism). Applicants for other nonimmigrant visas such as student (F-1), exchange visitor (J-1) or temporary work (H-1B, O-1) are not barred but will face additional security clearances in the visa application process.

No immigrant (coming from oversees for initial entry as a permanent resident) or diversity visas

Somalia

 Somalis seeking nonimmigrant visas such as visitor (B-1/B-2, student (F-1), exchange visitor (J-1) or temporary work (H-1B, O-1) visas are not barred but will face additional security clearances in the visa application process

No immigrant (coming from oversees for initial entry as a permanent resident)or diversity visas


EXCEPTIONS: Keep in mind, the travel restrictions in the proclamation do not apply to: 

• Lawful permanent residents (LPRs) of the U.S.; 
• nonimmigrants with a valid visa or other entry document 
• Foreign nationals who have a document other than a visa (e.g., transportation letter, boarding foil, advance parole document) valid on the applicable effective date or issued on any date thereafter; 
• Dual nationals of a designated country who are traveling on a passport issued by a non-designated country;
• Foreign nationals traveling on diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G- 2, G-3, or G-4 visa; or
• Foreign nationals who have been granted asylum in the U.S.; refugees who have been admitted to the U.S.; or individuals who have been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

WAIVERS: A waiver may be granted to an affected foreign national if they can demonstrate to the consular officer's or CBP official's satisfaction that: 
(a) Denying entry would cause the foreign national undue hardship; 
(b) Entry would not pose a threat to the national security or public safety of the U.S.; and
(c) Entry would be in the national interest. 

The Department of State has not yet issued guidance on procedures for applying for a waiver, but the President's proclamation does establish that any waiver issued by a consular official would be valid both for the issuance of the visa and any subsequent entry on that visa. The proclamation indicates that a waiver may be appropriate, on a case-by-case basis, in the following instances: 

• The foreign national has previously been admitted to the U.S. for a continuous period of work, study, or other long-term activity, is outside the U.S. on the applicable effective date, seeks to reenter the U.S. to resume that activity, and the denial of reentry would impair that activity; 
• The foreign national has previously established significant contacts with the U.S. but is outside the U.S. on the applicable effective date for work, study, or other lawful activity; 
• The foreign national seeks to enter the U.S. for significant business or professional obligations and the denial of entry would impair those obligations;
• The foreign national seeks to enter the U.S. to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a U.S. citizen (USC), LPR or lawful nonimmigrant, and the denial of entry would cause undue hardship; 
• The foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by special circumstances; 
• The foreign national can document that he or she has provided faithful and valuable service to the U.S. Government; 
• The foreign national is traveling for purposes related to an international organization designated under the International Organizations Immunities Act (IOIA), traveling for purposes of conducting meetings or business with the U.S. Government, or traveling to conduct business on behalf of an international organization not designated under the IOIA; 
• The foreign national is a Canadian permanent resident who applies for a visa at a location within Canada; 
 • The foreign national is traveling as a U.S. Government-sponsored exchange visitor; or 
• The foreign national is traveling to the U.S. at the request of a U.S. Government department or agency, for legitimate law enforcement, foreign policy, or national security purposes. 

We will provide further updates on the Travel Ban 3.0 and the waiver application process as they become available.