Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
Some Clarification on Visa and Travel Bans
  • Visa Interview Waiver cases (including drop box applications).  Today the Department of State (DOS) Visa Office has confirmed that the majority of interview waiver cases still can receive interview waivers. Specifically, applications for applicants under age 14 and over 79 and previous issuance of the same visa within one year of expiration (drop box visa applications for renewals) are still permitted
  • The Visa Waiver Program.  The Visa Waiver Program (VWP) appears not to be impacted by the EO.  I had earlier reported that the VWP would be suspended.  This has not been the case to date.
  • Who is "from" one of the designated countries?  The Department of Homeland Security (DHS) indicated that individuals "traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States." DHS has said that anyone who holds a passport from a designated country is considered as being "from" the designated country.
  • Dual Citizens - Entry to the U.S. DHS indicated that while the ban included dual citizens who hold passports from a designated country as well as a restricted country, Customs & Border Protection (CBP) would be processing people based on how they present themselves at primary inspection.  So, if a traveler who is a dual citizen presents his/her Iraqi passport (rather than his/her UK passport, for example), he/she will be processed as an Iraqi citizen (and possibly denied entry). 
  • Dual Citizens - Visa Processing.  There is still conflicting information in this regard.  Some U.S. Consulates are reporting that they will still issue U.S. visas to dual citizens who present a passport from an unrestricted country, while other have not.  More to come on this.
  • Admission to the U.S. of green card holders. The DHS has indicated that "the entry of lawful permanent residents [is] in the national interest" and so, "absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in [DHS's] case-by-case determinations." As a result, LPRs should generally be allowed to board airplanes and enter the U.S. U.S. Permanent Residents should not be requested to relinquish their green cards and should refuse to sign Form I-407, Abandonment of LPR Status, if asked to do so.
  • Other citizens not impacted.  At this time, there is no impact to citizens of countries other than the 7 restricted countries listed previously (Iran, Iraq, Libya, Syria, Somalia, Sudan and Yemen).  I do still recommend that citizens of other predominantly Muslim countries remain in the U.S. as other countries may be added to the list of restricted countries. India and China are not predominantly Muslim countries and should not be impacted. 
* * *
If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.




Leila Freijy
Law Office of Leila Freijy PLLC