On December 4, 2017, the United States Supreme Court allowed President Trump’s Travel Ban 3.0 as it’s called to proceed while appeals are pending. In other words, the Court said that the travel ban can be enforced immediately while the courts continue to sort out the legal options.
THE HISTORY —
Presidential Proclamation 9645 was issued on September 24, 2017 and took full effect on October 18, 2017. However, the Ninth Circuit Court of Appeals issued a preliminary injunction which allowed citizens of the named countries to continue to enter the United States if they could show a “bona fide connection” to a relative or business.
SCOTUS SPEAKS UP —
This most recent decision essentially reverses that approach, and allows enforcement of the ban as written and issued.
SO WHAT DOES THAT MEAN FOR YOU, YOUR FAMILY OR YOUR EMPLOYEES?
| COUNTRY | NONIMMIGRANT | IMMIGRANT |
| Chad | The following visa categories may not be issued: B-1, B-2, and combo B-1/ B-2 | No immigrant or diversity visas may be issued |
| Iran | No nonimmigrant visas can be issued except the following categories: F, M and J students | No immigrant or diversity visas may be issued |
| Libya | The following visa categories may not be issued: B-1, B-2, and combo B-1/ B-2 | No immigrant or diversity visas may be issued |
| North Korea | No visas may be issued in any category | No immigrant or diversity visas may be issued |
| Syria | No visas may be issued in any category | No immigrant or diversity visas may be issued |
| Venezuela | No B-1 or B-2 visas may be issued to certain members of named government organizations, and their immediate family | No restrictions noted |
| Yemen | The following visa categories may not be issued: B-1, B-2, and combo B-1/ B-2 | No immigrant or diversity visas may be issued |
| Somalia | No restrictions noted | No immigrant or diversity visas may be issued |
Waivers at the consulate are permitted is the applicant can show that:
- he or she is not a national security threat;
- the admission of the applicant is in the national interest; and
- denial of entry will cause undue hardship.
It is unclear what process and standards will be applied by the consulates. Stay tuned!
The Executive Order specifically exempts lawful permanent residents (greencard holders), and those entering the United States with documents other than visas, such as Advance Parole and as refugees.
Finally, it is unknown how this travel ban will be applied domestically to pending US-based cases, such as applications to change or extend nonimmigrant status, and Adjustment of Status cases.
Do you have a question or concern about this new development? Contact us today to speak with one of our attorneys.
Photo Credit: Smithsonian.com
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