Travel Ban Updated with New Countries, New Rules, and No Time Limit


Posted on 10/04/2017 by Mark A. Ivener, A Law Corporation

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On Sunday September 24th President Donald Trump signed a new amendment to his executive order 17380, better known as the travel ban. The original travel ban was created for “protecting the nation from foreign terrorist entry into the United States,” and it blocked entry into the United States for six Muslim countries. The six countries banned are Iran, Syria, Sudan, Libya, Yemen, and Somalia. The original form of the travel ban took affect on June 24th 2017 and it concluded on Sunday.

Trump’s modification of the original ban has added and removed some affected countries and has removed the expiration date that limited the original order. Chad, North Korea, and Venezuela have all been added to the affected countries.

The new travel ban is less restrictive in the sense that it doesn’t ban all travel to the U.S. from the selected countries across the board, but instead it gives very strict conditions for entry. To be accepted into the U.S. each country has specific conditions to qualify for a waiver.

 

Conditions for Approval of a Waiver in spite of the immigration ban

  • Visas may be issued if it allows an individual to continue their work or study in the United States
  • If the immigrant has significant personal and/or professional connections to the U.S.
  • If the applicant has close relatives in the United States or is an orphan being adopted by someone in the U.S.
  • Current Green Card holders and nonimmigrants who have existing visas or Green Cards are unaffected.
  • Dual citizens of Canada or other countries that are not on the ban list are also allowed admittance.

 

 

Sudan

With the new order, Sudan has been removed from the countries limited by the travel ban.

 

Venezuela

Most citizens of Venezuela will be unaffected by the travel ban. The new order prevents officials from several Venezuelan government agencies that are involved with identity management and sharing of visa screening information and their families from entering the United States.

 

Somalia

New applications for immigration from Somalia will not be granted unless they qualify for a waiver.

 

Somalian citizens applying for the following visas are not banned but will be subject to additional security measures.

  • Nonimmigrants who are applying for the B-1/B-2 visa
  • Nonimmigrants who are applying for the student F and M visas
  • Nonimmigrants who are applying for the exchange visitor J visa
  • Nonimmigrants who are applying temporary work visas H-1, H-2, etc.

 

 

 

Chad, Libya, Yemen

  • Applicants from these countries interested in immigrating to the U.S. will require a waiver
  • Nonimmigrant visitor visas B-1/B-2 will also require a waiver
  • Student F and M visa applicants, exchange visitor J visas, and temporary work visas (H-1,H-2, etc.) are not explicitly banned by the new order but can expect heightened security and screening.

 

Iran

  • Iranians seeking new entry as immigrants will require a waiver
  • Nonimmigrant visas B-1/B-2 visas will require a waiver
  • Temporary work visas (H-1,H-2, etc.) will require a waiver
  • Student F and M visa applicants and exchange visitor J visas are not explicitly banned by the new order but can expect heightened security and screening.

 

 

Syria and North Korea

All applicants seeking new entry as immigrants or any alternative non immigrant visas will require a waiver.

 

 

 

 

 

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About the Author

Mark Ivener is an experienced business and EB-5 immigration attorney who has written 5 books on Immigration Law as well as has written numerous articles and spoken at many events on EB-5 topics.

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