Executive Order Affecting Travel for Foreign Nationals
[Updated: February 24, 2017 | Frequently Asked Questions available here]
Dated February 24, 2017 – Due to the issuance of a temporary restraining order (TRO) in the case of Washington v. Trump, the January 27, 2017 Travel Ban is not currently being enforced. However, since a new Executive Order is expected to issue imminently, it is still highly recommended that non-emergent travel abroad be avoided.
President Trump’s Executive Order entitled “Protecting the Nation from Terrorist Attacks by Foreign Nationals” was signed and went into effect on January 27, 2017.
The Order bans from entering the U.S. for 90 days (that period could be extended) nationals of:
DO NOT travel outside the U.S. if you are from one of the seven listed countries. If you are a foreign national from a country other than the seven listed, we still recommend avoiding international travel. If this is not possible, due to an emergent matter or some other reason, we strongly recommend seeking legal advice from an immigration attorney before exiting the U.S. Further effects of the Executive Order are as follows:
- Visa issuance to nationals of the seven countries is suspended until further notice. Visas in process are being pulled and no new appointments are being scheduled. However, a statement issued by Secretary Kelly of the U. S. Department of Homeland Security (DHS) indicates that it is in the national interest to admit U.S. legal permanent residents from these countries as long as no information is received suggesting that an individual is a threat to national security.
- The Order mandates a 30 day review period to assure that sufficient documentation is being provided to the U.S. by countries whose nationals wish to enter the U.S. Specifically, information must be shared by the home country confirming that individuals are who they claim to be and do not pose a threat to the security or safety of the public. If information is deemed insufficient, the country in question will be provided 60 days to augment its documentation. At the close of the 60 day period, visas will not be issued to nationals of countries of “particular concern,” those countries that failed or refused to provide the U.S. government with sufficient information. Depending upon the outcome of this process, nationals of other countries could also be banned from the U.S.
- The Visa Waiver Program is suspended indefinitely. This does not implicate the J-1 Waiver program.
- Refugee admissions from around the world are suspended for 120 days.
- Refugee admissions from Syria are suspended indefinitely.
At this juncture, nationals of all countries should consider postponing all non-essential travel until the implications of this Order become more apparent. If you do decide to travel, we strongly recommend that you consult with an immigration attorney before exiting the U.S.
Please note that CIR is providing this Notice for informational purposes only. It does not constitute legal advice and is not a substitute for consulting with an attorney. This information is current as of February 1, 2017.