Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
Travel Ban - 09/24/2017

On September 24, 2017, the President issued a Presidential Proclamation titled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats." Per Section 2 of Executive Order 13780 of March 6, 2017, a global review was conducted to determine what additional information is needed from each foreign country to assess whether foreign nationals who seek to enter the United States pose a security or safety threat. At the end of that review, seven countries' information sharing practices were classified as "inadequate."

As a result, the President deemed it necessary to impose certain restrictions on the entry of nonimmigrants and immigrants who are nationals of these seven countries. The President also deemed it necessary to impose restrictions on one "at risk" country whose deficiencies in its information sharing practices poses a national security risk to the United States.

The table below summarizes how the new travel ban will impact citizens of the impacted countries.  In this regard, it is important to note that the travel ban only restricts the issuance of new visas.  It does not impact the in-country processing of change or extensions of status applications/petitions or applications for adjustment of status (green card applications), EADs, Advance Parole documents or other immigration benefits that are applied for within the U.S. However, I do recommend that nationals from the countries listed below seriously reconsider any international travel plans as the travel ban may be modified in the future.

For certain in-country applications for individuals who are citizens of the countries listed here, such as applications for U.S. Permanent Residence (adjustment of status) and EAD and Advance Parole applications filed in connection with adjustment of status applications, expect lengthy background checks, which will delay the overall processing time of those applications.

Nonimmigrant Visa
Immigrant Visas
No B1/B2 visas
No immigrant visas
No nonimmigrant visas except for F, M & J
No immigrant visas

No B1/B2 visas
No immigrant visas
North Korea
No nonimmigrant visas
No immigrant visas
No nonimmigrant visas
No immigrant visas
No B1/B2 visas for any government officials
No restrictions
No B1/B2 visas
No immigrant visas
No nonimmigrant visas
No immigrant visas

The following exceptions apply to nationals from all eight countries and will not be subject to any travel restrictions listed:
  1. Any national who was in the United States on the applicable effective date of the travel ban for that national, regardless of immigration status;
  2. Any national who had a valid visa on the applicable effective date of the travel ban for that national;
  3. Any national who qualifies for a visa or other valid travel document;
  4. Any lawful permanent resident (LPR) of the United States;
  5. Any national who is admitted to or paroled into the United States on or after the applicable effective date of the travel ban for that national;
  6. Any applicant who has a document other than a visa, valid on the applicable effective date of the travel ban for that applicant or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as advance parole;
  7. Any dual national of a country designated under the travel ban when traveling on a passport issued by a non-designated country;
  8. Any applicant traveling on a diplomatic visa, NATO 1-6 visas, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; except certain Venezuelan government officials and their family members traveling on a diplomatic-type B-1, B-2, or B1/B2 visas.
  9. Any applicant who has been granted asylum; admitted to the United States as a refugee; or has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.
The new travel ban goes into effect on October 18, 2017, however, the ban is effective immediately for anyone whose entry to the U.S. was previously barred by the administration's prior travel ban (EO 13780) (i.e., nationals of Iran, Libya, Somalia, Syria and Yemen who do not have a bona fide relationship with a person or entity in the United States).

Until October 18, 2017, citizens of Iran, Libya, Somalia, Syria, and Yemen are exempt from the new travel ban if they have a "bona fide relationship" with a U.S. person or entity.

Unless an exemption applies or an individual is eligible for a waiver, the travel ban restrictions apply to individuals of the designated countries who: (1) are outside the U.S. on the applicable effective date; (ii) do not have a valid visa on the applicable effective date; and (iii) do not qualify for a reinstated visa or other travel document that was revoked under the President's earlier travel ban (EO 13769).

A case-by-case waiver is available, but only for individuals who can show that:

  1. Being denied entry would cause undue hardship to the individual,
  2. That their entry would not pose a threat to U.S. national security or public safety, and
  3. That their entry "would be in the national interest."
The new travel ban does not impose new restrictions on refugees, however, there continues to be a 120-day halt on the entire refugee program. Refugees with a "bona fide relationship" with a U.S. person or entity are exempt from the ban. Per the U.S. Supreme Court's September 12, 2017 order, a formal assurance from a refugee resettlement agency is insufficient on its own to establish a "bona fide relationship."

Unlike the administration's prior travel bans, these new country-specific travel bans are indefinite. While federal agencies must assess the bans every 180 days and recommend whether to continue, terminate, or modify the bans, there is no automatic expiration date for the bans. The DHS Secretary must affirmatively recommend ending them.

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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