Immigration Lawyer Blog
In this video attorney Jacob J. Sapochnick provides a recap on what has happened during Donald Trump’s first 50 days as President of the United States.
On Monday March 6, 2017 President Trump signed a new executive order that will restore the travel ban on citizens of 6 Muslim-majority countries for a 90-day period beginning 12:01 a.m. eastern time on March 16, 2017. In addition, the order will restore the travel ban on refugees under the US Refugee Admissions Program and implement a suspension on all decisions for applications for refugee status for a period of 120-days from March 16, 2017.
What you need to know
Beginning March 16, 2017 at 12:01 AM the 90-day ban will be implemented for citizens of Syria, Iran, Libya, Somalia, Sudan, and Yemen who are outside of the United States, who do not have a valid U.S. visa as of the date of the order, or permanent resident card to travel to the United States. Iraq is no longer subject to the travel ban.
What has changed?
1. The executive order removes Iraq from the list of Muslim majority countries, whose citizens will no longer be prevented from seeking admission to the United States.
2. The provision banning the admission of Syrian refugees indefinitely has been removed, although applications for admission will not be decided during the 120-day period
3. Refugees who have already been formally scheduled for transit to the United States by the State Department will not be affected by the 120-day travel ban on refugees
4. No provisions have been added regarding the impact on parole
5. US officials will no longer prioritize religious minorities when considering applications for refugee admission
6. The new executive order, which will be enforced March 16, 2017 will exempt citizens of Syria, Iran, Libya, Somalia, Sudan, and Yemen who are legal permanent residents or who have valid United States visas
7. The new executive order also exempts foreign nationals admitted or paroled into the United States on or after March 16 as well as dual nationals traveling on a passport issued by a non-designated country, and foreign nationals traveling on diplomatic visas
8. Individuals whose visas were revoked during the January 27th travel ban will be allowed to enter the United States on their valid visas
9. On a case-by-case basis individuals may seek waivers but only if they can demonstrate satisfactory to a US official that denying their entry would cause them undue hardship or that they are not a threat to national security and their admittance is in the national interest
What to expect?
• We expect that this newly revised executive order will be more difficult to challenge via the court system
• The new ban gives US officials and CBP more power and authority to enforce the order
• Green card holders and valid visa holders will not be affected by the new executive order
• Foreign nationals from Syria, Iran, Libya, Somalia, Sudan, and Yemen who have a pending immigration case with USCIS or the National Visa Center, may be impacted by the executive order and can expect delays in the adjudication of their visas
Other news
• Premium processing service has been canceled for H-1B visas for at least a 6-month period beginning April 3, 2017 making it difficult for employers to plan hiring
• Some changes may be coming for the L visas and E visas in the next few weeks but so far these are just rumors
• What will be the impact of these executive orders on foreign nationals scheduled for immigration interviews at US consulates and embassies around the world?
We are expecting delays in visa issuance for citizens of the 6 countries affected during the 90-day period. The order itself does not make clear whether if at all there will be any impact on the issuance of visas. The order does make clear that the visa interview waiver program will be terminated. People who were exempt from going back for an interview will no longer be able to renew their visas or seek an immigration benefit without an interview
• Other countries such as Iran are cancelling US visas preventing admission of US nationals into their country. If you are traveling to any of the 7 countries listed in the original order, please be aware of the visa requirements to enter that country and have the documentation necessary to enter that country and also to re-enter the United States
For more information please keep watching.
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