Skip to main content

Background Image for Header:

  • Home
  • Immigration Alert

Immigration Alert

Updated: July 3, 2018

Follow-Up Immigration News Alert

Supreme Court Upheld the Trump Administration Travel Ban 3.0

  • Update: June 26, 2018. In a 5-4 opinion in the Trump v. Hawaii case, the U.S. Supreme Court upheld the Trump administration's Travel Ban 3.0.
  • Travel Ban 3.0 is Currently in Effect: The Supreme Court allowed Travel Ban 3.0 to go into effect on December 4, 2017. The June 26, 2018 Supreme Court decision allowed Travel Ban 3.0 to remain in effect.
  • Who is Impacted: Certain nationals of seven (7) countries: Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.
  • Who Does the Travel Ban Apply to? Individuals who are:
    • Outside of the United States on the effective date
    • Who did not have a valid visa on that date, and
    • Who have not obtained a waiver
Country Non-immigrant Visas Immigrant and
Diversity Visas
Iran
No non-immigrant visas
except F, M, and J visas
No immigrant or
diversity visas
Libya No B-1, B-2, and B-1/B-2 visas
No immigrant or
diversity visas
North Korea No non-immigrant visas No immigrant or
diversity visas
Somalia No immigrant or
diversity visas
Syria No non-immigrant visas No immigrant or
diversity visas
Venezuela No B-1, B-2 or B-1/B-2 visas of any kind for officials of the following
government agencies Ministry of Interior, Justice, and Peace; the
Administrative Service of Identification, Migration, and Immigration; the Corps
of Scientific Investigations, Judicial and Criminal; the Bolivarian
Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and
their immediate family members.
Yemen No B-1, B-2, and B-1/B-2 visas No immigrant or
diversity visas

Exceptions

  • U.S. Lawful permanent residents (green card holders)
  • People admitted or paroled into the U.S. on, or after the effective date of the new Travel Ban
  • People 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 of the new Travel Ban
  • Dual-nationals traveling on a passport from a non-designated country
  • People who have been granted asylum by the U.S.
  • Refugees already admitted to the U.S.
  • Individuals grants withholding of removal, advance parole, or protection under the Convention Against Torture

Note: Unlike past decisions, this decision does NOT allow for an exception for " Bona Fide Relationships" (i.e., close family ties such as a parent, spouse, child, sister, brother, fiancé(e), etc.)

Waivers

A waiver may be granted to an affected foreign national if they can demonstrate to the consular officer's or Customs and Border Protection (CPB) official's satisfaction that:

  1.  Denying entry would cause the visa applicant undue hardship
  2. Entry to the U.S. would not pose a threat to the national security or public safety of the U.S.
  3. Entry would be in the national interest of the U.S.
The law states that a consular officer or Customs and Border Protection official has the authority to grant a waiver on a case-by-case-basis. The law also lists several examples where a waiver can be granted (such as needing urgent medical care, reuniting with immediate family members in the U.S., business ties etc.). There is no formal process to request a waiver. Unfortunately, the waiver process has been very unclear and applied unevenly. The government has provided very little guidance on the waiver process. As of May 15, 2018, 655 waivers have been confirmed to have been granted since the Ban went into effect. All people granted waivers may not have been granted visas. Information around waivers can change very quickly, so seek legal help (while watching out for scams).

Additional Information

We encourage our international students and scholars to contact the International Student and Scholar Services(ISSS) for any information on the travel ban. 3.0 (including information on Travel Ban waiver applications). 

Students and scholars from the affected countries who are currently in the United States should postpone any international travel. If you absolutely must travel outside of the U.S., consult with ISSS or with an immigration attorney first.