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June 9, 2025 Travel Ban and Restrictions on Certain Countries

6/8/2025

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On June 4, 2025, President issued a Presidential Proclamation restricting the entry of foreign nationals from 19 countries—imposing complete restrictions on 12 countries and “partial” restrictions on 7 countries. The legal standing of such a ban is grounded in the Supreme Court’s holding in Trump v. Hawaii, which upheld the President’s broad authority to restrict the entry of foreign nationals.

The Proclamation is not as broad and likely affects fewer travelers and organizations than anticipated. To underscore this, current visa holders are not affected by the travel restrictions announced.

When does Proclamation become effective?

The Proclamation will go into effect at 12:01 AM EST on June 9, 2025. This allows critical time for impacted individuals to prepare, and anyone impacted by this Proclamation who is presently overseas should make plans to return to the United States immediately. Return travel should be planned for no later than the end of the day on Sunday, June 8, 2025.

The Proclamation applies to individuals who are outside of the United States when it takes effect and do not have a valid visa as of the effective date.

Countries Affected by Complete Travel Ban

For countries facing a “complete” suspension, entry to the United States by both immigrants and nonimmigrants is fully suspended. The impacted countries are:

1. Afghanistan               7. Haiti
2. Burma                        8. Iran
3. Chad                          9. Libya
4. Republic of Congo  10. Somalia
5. Equatorial Guinea   11. Sudan
6. Eritrea                      12. Yemen


The Trump administration explained that it was imposing broad travel restrictions on entry by individuals from these countries because of risk factors including limited vetting capabilities, information sharing policies, and other country-specific concerns – including terrorism, visa overstay rates, and cooperation (or lack thereof) in accepting back nationals removed from the U.S. As a result, organizations or family members sponsoring nationals from these countries should reconsider the timing of their travel to the United States for the foreseeable future—unless they qualify for one of the exceptions to the travel restrictions that are discussed later in this article.  

Countries Affected by “Partial” Travel Ban

For countries facing a “partial” suspension, entry to the United States of immigrants and nonimmigrants in the B-1/B-2, F, M, and J classifications is suspended.

Consular officers are also instructed to reduce the validity of other nonimmigrant visas to the extent permitted by law:

1. Burundi              5. Togo
2. Cuba                   6. Turkmenistan
3. Laos                   7. Venezuela
4. Sierra Leone


Countries on both the “complete” and “partial” restrictions lists will be periodically reviewed under the terms of the Proclamation to determine if any of the suspensions or limitations imposed should be continued, terminated, modified, or supplemented.

The initial review will take place within 90 days of the Proclamation, with subsequent reviews occurring every 180 days. As a result, employers sponsoring individuals from these countries and visa applicants from these countries should closely monitor changes in federal immigration policy that may allow for future changes to their US visa and entry eligibility.

What Exceptions Apply to Those Subject to Travel Restrictions?

While the Proclamation appears broad in scope, it is important to highlight the many exceptions to the policy change—it does not apply universally to individuals from the named countries. The exceptions implemented by the Proclamation closely track those provided for during the first Trump Administration, and significant exceptions include:
  1. Lawful permanent residents of the United States
  2. Dual nationals of a designated country traveling on a passport of a non-designated country (for example, a dual national of the UK and Chad may be able to travel using their UK passport)
  3. Diplomats holding A/G/NATO visas
  4. Athletes or members of an athletic team (including coaches and immediate relatives), traveling for the World Cup, Olympics, or other major sporting event designated by the Secretary of State
  5. Certain family-based immigrant visas and adoption visas
  6. Afghan and U.S. government special immigrant visa holders
  7. Religious minorities in Iran
  8. Individuals whose entry is determined to be in the national interest involving the Department of Justice, as determined by the Attorney General
  9. Individuals whose entry is determined to be in the national interest as determined by the Secretary of State
What Are National Interest Exceptions?

With respect to this final exception, following the travel bans imposed by the first Trump Administration, a robust system of National Interest Exceptions (NIEs) was developed by the Department of State to vet visa applications on a case-by-case basis to determine if visa issuance would serve a United States national interest. Although a Department of State implementation policy is not part of the current Proclamation, the similarities between the present Proclamation and the final travel bans upheld by the courts during the first Trump administration suggest that a similar vetting process may unfold in the coming weeks.

Of particular note, the prior framework for NIE issuance included the following categories of travelers:
  • Individuals providing vital support or executive direction for critical infrastructure
  • Individuals providing vital support or executive direction for significant economic activity in the United States
  • Individuals who are critical to U.S. law enforcement or intelligence efforts
  • Individuals traveling to support U.S. government interests, such as diplomatic missions or military cooperation
  • Individuals whose presence is urgently needed by a U.S. employer or agency
  • Athletes, artists, or other public figures participating in a high-profile event deemed to be in the national interest
  • Individuals with humanitarian grounds that intersect with national interest, such as medical professionals during health emergencies

The NIE process required an application to a U.S. Embassy or Consulate supported by extensive information to establish the importance of travel to the United States, including detailed letter(s) explaining the need for travel to the United States within the established parameters. Organizational sponsors and visa applicants should begin to explore creative arguments, buttressed by corroborating evidence, that illustrate how a traveler’s presence in the United States will advance key interests.

Even if robust NIE policies are implemented by the State Department, impacted individuals should expect delays in the review and adjudication of visa applications.  Delays and increased scrutiny are likely to occur globally and not be limited to applicants from directly impacted countries. 

It may take the State Department some time to develop a global policy implementing this Proclamation and disseminate this policy to consular posts; as such, employees should be particularly encouraged to monitor U.S. State Department websites for information regarding the implementation of this Proclamation and to determine if reciprocal restrictions are imposed for travel into other countries.  



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Rescission of Presidential Proclamations 9645 and 9983

1/25/2021

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On January 20, 2021, President Biden signed a Presidential Proclamation titled “Ending Discriminatory Bans on Entry to the United States.”  This proclamation ends the travel restrictions under Presidential Proclamations 9645 and 9983 that had suspended entry into the United States of certain nationals, based on visa type, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
Pursuant to President Biden’s proclamation, the State Department will undertake a review to ensure that individuals whose immigrant visa applications were denied on the basis of the suspension and restriction on entry imposed by P.P. 9645 or 9983 may have their applications reconsidered. This review will consider whether to reopen immigrant visa applications that were denied due to the suspension and restriction on entry imposed by P.P. 9645 or 9983; whether it is necessary to charge an additional fee to process those visa applications; and development of a plan to expedite consideration of those visa applications.
Pending the Department’s review, under current Department regulations Immigrant visa (IV) applicants who were previously refused) due to either P.P. 9645 or 9983 and were determined not to qualify for a waiver before January 20, 2020, must submit a new visa application (DS-260) and pay a new visa application processing fee.  IV applicants refused due to either P.P. 9645 or 9983 and whose eligibility for a waiver was still being evaluated, or who were determined not to qualify for a waiver within one year of January 20, 2021, and who also request their local embassy or consulate to resume processing on their case within one year of January 20, 2021 may be able to resume processing of their case without submitting a new application or paying a new visa application processing fee. Embassies and consulates will prioritize the adjudication of applications for those individuals who remain in the waiver process.
Nonimmigrant visa applicants who were previously refused due to either P.P. 9645 or 9983 and did not qualify for a waiver will need to submit a new visa application (DS-160) and pay a new visa application processing fee if they wish to reapply for a visa.  
Pursuant to President Biden’s proclamation, the Department can immediately process visa applications for individuals from the affected countries. Please note that the rescission of P.P.s 9645 and 9983 does not necessarily mean that your local U.S. embassy or consulate is able to immediately schedule all affected applicants for visa interviews.  The resumption of routine visa services during the ongoing COVID-19 pandemic, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities.  U.S. Embassies and Consulates have continued to provide emergency and mission-critical visa services since March and will continue to do so as they are able.  Applicants, including those previously denied due to P.P. 9645 or 9983, should consult the website of their nearest U.S. embassy or consulate to determine if their case qualifies for expedited processing.  As post-specific conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.  Please see here for more information on the phased resumption of visa services.

​Read more.

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Suspension of Entry from Europe: Presidential Proclamation. Suspension of Consular Services

3/15/2020

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Presidential Proclamation — Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus

White House, Mar. 11, 2020
"I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:
Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.
Sec. 2.  Scope of Suspension and Limitation on Entry.
(a)  Section 1 of this proclamation shall not apply to:
(i)     any lawful permanent resident of the United States;
(ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;
(iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
(v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(vii)   any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
(viii)  any alien
(A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or
(B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(ix)    any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;
(x)     any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(xi)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees; or
(xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.
(b)  Nothing in this proclamation shall be construed to affect any individual’s eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States."

Following the Presidential Proclamation, many US embassies and consulates suspended operations.


The U.S. Embassy will suspend routine consular operations effective Monday, March 16, 2020.  This suspension will remain in effect until further notice.
During the period of suspended operations, we will be providing emergency services to U.S. citizens on a case-by-case basis.  U.S. citizens with verifiable emergency situations and confirmed travel tickets may contact us to request an appointment.
The  State Department currently recommends U.S. citizens reconsider international travel. See CDC information regarding high-risk traveler categories.
On March 11, 2010, the U.S. Government issued a proclamation that suspends the entry of immigrants or nonimmigrants who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States.  The proclamation does not apply to U.S. citizens, lawful permanent residents, spouses of U.S. citizens or lawful permanent residents, diplomatic and official travelers, air and sea crew members, members of the U.S. Armed Forces and their spouses and children, and certain other categories of travelers.




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Travel Ban Extended to Six Additional Countries on Jan 31, 2020

1/31/2020

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TRAVEL BAN:EXTENDED:

On January 31, 2020, President Trump issued a new Proclamation extending the “travel ban” to six additional countries. This new travel ban prevents citizens of Eritrea, Kyrgyzstan, Myanmar (Burma), Nigeria, from pursuing immigrant (employment-based, family-based, Diversity Visa-based immigrants) visas except Special Immigrants whose eligibility is based on having provided assistance to the United States Government. The travel ban also restricts citizens of Sudan and Tanzania but only from the Diversity Visa (“DV Lottery”) immigrant visa. The new travel ban will take effect on February 21, 2020.

Belarus is not on the list (it was the seventh country in the original draft, according to media reports)

Who is exempt from the New Expanded Travel Ban?

Lawful permanent residents (green card holders) and United States Citizens
Foreign nationals admitted or paroled to the United States on or after the effective date
Foreign nationals with travel documents that are not visas that are valid before or issued after the effective date
Dual nationals traveling on a passport that is not one of the affected countries
Those traveling on a diplomatic or related visa
Foreign nationals who have already been granted asylum, refugees who have already been granted admittance, and those who have been granted withholding of removal, advanced parole, or protections under the Convention Against Torture

Who is eligible for a waiver under the New Expanded Travel Ban?

In order to obtain a waiver, an immigrant visa applicant must demonstrate:
undue hardship if entry were denied
entry would not pose a threat to national security, and
entry is in the national interest. The decision of a consular officer to grant or deny a waiver is discretionary.

Read here.
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Presidential Proclamation Bars New Immigrants Without Health Insurance Effective Nov 3, 2019

10/8/2019

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On Friday, October 4, 2019, Donald Trump issued a presidential proclamation that would bar new immigrants from entering the United States without health insurance.

The proclamation excludes from the United States new lawful immigrants who cannot show the ability to purchase unsubsidized commercial health insurance within 30 days of entry, unless exceptions apply. It will prevent otherwise eligible immigrants coming in from abroad from being issued visas to enter the U.S. if they lack the financial ability to purchase unsubsidized health insurance. That means that prospective immigrants potentially could be barred from the United States unless they can find a way to purchase health insurance outside of the Affordable Care Act (ACA) exchanges.

One way to satisfy the requirement of being able to purchase health insurance is to have actually purchased health insurance, though it is not yet clear whether it will be necessary to do so. It might be possible to satisfy consular officers, for example, by showing sufficient financial resources to purchase insurance after one arrives in the United States.

Because immigrant visa issuance is over 80% family-based immigrants, the proclamation will disproportionately impact those immigrating based on family ties, rather than employment-based immigrants. (Employment-based immigrants usually adjust status inside the United States.) Another significant impact will be on winners of the Diversity Visa Lottery, who are predominately from African countries, as most of those selected through that program enter the United States with immigrant visas rather than being able to adjust status in the United States.

As published, the proclamation only affects NEW immigrants applying for immigrant visas at the U.S. consulates and embassies abroad  (those issued an immigrant visa on or after November 3, 2019, the effective date of the proclamation). It does not apply to nonimmigrants entering on any temporary visa, including H-1B visa holders, L-1 intracompany transferees, international students and scholars, visitors for business, tourists or entries for any other temporary purpose. It also does not apply to refugees, returning residents, people who are adjusting status in the USA.

Anyone who is able to adjust status from within the United States, rather than filing for an immigrant visa, should do so, because adjustment of status is outside the scope of the proclamation. Also, anyone able to get their immigrant visa this month should not delay their application and should review their documentary qualification with an immigration lawyer to be sure they can receive their visa before November 3, 2019.

Much of the practical effect of this proclamation will have to await implementing instructions from the State Department to consular posts. 


Which forms of health insurance are “approved” under the proclamation?“Approved” health insurance under the proclamation includes:
  • employer-sponsored health plans
  • unsubsidized plans purchased on the individual market
  • non–Affordable Care Act (ACA)–compliant short-term health plans authorized by the Trump administration
  • catastrophic plans
  • family members’ plans
  • TRICARE plans or other coverage for military members and veterans
  • visitor health insurance plans
  • Medicare plans
  • other health plans as determined by the U.S. Dept. of Health and Human Services
Medicaid is acceptable for children age 18 and younger, but subsidized ACA plans are not acceptable for either adults or children.

Who is exempt from the proclamation’s requirements? Certain categories of immigrants are exempt from the proclamation’s requirements, including:
  • anyone issued a visa prior to the effective date (Nov. 3, 2019)
  • LPRs returning after a long absence
  • unmarried children and adoptees of U.S. citizens
  • people seeking Iraq/Afghani Special Immigrant visas
  • children under age 18, unless accompanying parents subject to the proclamation
  • parents of adult U.S. citizens, if they can demonstrate to the satisfaction of the consular officer that their health care will not impose a substantial burden on the U.S. health care system
  • people whose entry would advance law enforcement objectives or would be in the national interest
The proclamation further states that it should not be construed to affect any individual’s eligibility for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture.


Briefly in Russian:

Новая Прокламация Президента США вступает в силу 3 ноября 2019 и требует наличия медицинской страховки для всех *новых* иммигрантов в США. По этой прокламации, которая не была утверждена Конгрессом, а только подписана Президентом, почти все иммигранты, подавшие документы на американскую иммиграционную визу, должны иметь страховку или достаточно денег, чтобы оплатить медицинские расходы в США. Если у иммигрантов нет страховки и денег, то визу они не получат и иммигрировать в США не смогут.  Новое правило относится только к тем, кто подает на визу за рубежом, в том числе к супругам и родителям граждан США. 

Новое правило - если оно останется в силе - коснется тех, кто спонсирует своих родителей, детей, а также победителей Лотереи грин карт.

Новое правило не относится к тем, кто получает грин карту через процесс adjustment of status, не выезжая из США. Поэтому если у вас есть возможность выбрать, то adjustment of status возможно лучший вариант для многих.

Не попадают под правило резиденты, которые находились за пределами США больше года, просители убежища, беженцы и их дети, а также те, у кого уже есть действующая иммиграционная виза, полученная до 3 ноября 2019. 





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List of Countries Subject to Travel Ban Was Updated: Chad Removed

4/14/2018

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Effective April 13, 2018, the list of countries subject to travel ban has been updated. Follow the link to see updated table of countries whose nationals are currently ineligible for various kinds of visas under presidential proclamation Visitors visas and Immigrants Visas, including DV Lottery visas).

On April 10, a new Presidential Proclamation was issued which amended P.P. 9645 of September 24, 2017.
The new P.P. removed the visa restrictions imposed on nationals of Chad by the previous September 2017 proclamation. This change is effective at 12:01 a.m. EST on April 13, 2018.
​
All other visa restrictions outlined in P.P. 9645 remain in effect. (On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland.  The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) to nationals of six countries:  Chad, Iran, Libya, Syria, Yemen, and Somalia. 

Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 2018. 
​

The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela.  Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. eastern time on Wednesday, October 18, 2017, with respect to nationals of those countries.

​See more here.

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Travel Ban or Muslim Ban 3 Goes Into Effect While Appeals Are Pending

12/5/2017

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On Monday, December 4, 2017, the U.S. Supreme Court issued two orders staying lower courts’ (Maryland & Hawaii) preliminary injunctions of President's September 24, 2017 presidential proclamation or 3rd travel ban. 

Accordingly, President's most recent travel ban, so-called Muslim Ban 3, will go into effect while the appeals are pending.  The U.S. Supreme Court encouraged the appeals courts to quickly decide whether the most recent travel ban was lawful.

The September 24, 2017, Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, Venezuela and Yemen. 

Travel Restriction for Nationals of Eight Countries – Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Rules:
  • Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day travel ban goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
  • Does not apply to:
    • Lawful permanent residents (green card holders);
    • Individuals admitted or paroled into the U.S. on or after the effective date;
    • Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
    • Dual-nationals traveling on a passport from a non-designated country;
    • Individuals granted asylum;
    • Refugees already admitted to the U.S.; or
    • Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture
Previously-Impacted Countries – Restrictions Effective Immediately:
  • Iran
    • Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with F, J, or M visas.
    • Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
  • Libya
    • Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
  • Somalia
    • Effective immediately, immigrant visas are suspended for Somali nationals
    • Non-immigrant visas are permitted, subjected to heightened screening.
    • The bona fide relationship exemption ends October 18, 2017.
  • Syria
    • Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals
  • Sudan
    • Sudan was removed from the list of restricted countries in MB-4.
    • Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
  • Yemen
    • Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended,

​Newly Impacted Countries (Added):
  • Chad
    • All immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
  • North Korea
    • All immigrant and nonimmigrant visa holders are suspended from entering the U.S.
  • Venezuela
    • The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
    • Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.
Waivers:

If you are from one of the countries covered by the travel ban and do not yet have a valid U.S. visa, you cannot obtain a visa at this time unless you qualify for a waiver.  Consular officers may, on a case-by-case and discretionary basis, grant a waiver to affected individuals for certain reasons. To obtain a waiver and a visa, the person seeking admission must prove:
  • denying entry to the U.S. would cause the foreign national undue hardship;
  • admission would not pose a threat to the national security or public safety of the United States; 
  • entry would be in the U.S. national interest.
 
Travel Risks for People from Affected Countries with Valid Visas:

If you are from one of the impacted countries and hold a valid visa, you may be able to apply for admission to the United States. The newest travel ban states that no visas will be automatically revoked and that those with a valid visa are not covered by the travel ban. However, travel outside the United States at this time carries risk. 
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Ninth Circuit Court of Appeals Partially Approves Travel Ban 3.0, Bona Fide Relationship Test

11/16/2017

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The Ninth Circuit Court of Appeals has ruled to partially uphold President's third attempt on a travel ban, so called Muslim Ban or Travel Ban 3.0.

Ruling on the injunction issued by the District Court in Hawaii that temporarily blocked the enforcement of the new ban, the Ninth Circuit held that the travel ban could go into effect, except with regard to people with a “bona fide relationship” with close family or with an entity in the U.S., such as an employer or a university. This standard was borrowed from the Supreme Court’s June 2017 decision on a previous travel ban.

Individuals from six countries (Chad, Iran, Libya, Somalia, Syria, and Yemen) may be banned from entry, unless they have a bona fide relationship with a U.S. family member or entity.

The Ninth Circuit decided that in addition to parents, spouses, and children living in the U.S., bona fide relationships could extend to grandparents, grandchildren, cousins, aunts, uncles, and brothers- or sisters-in-law. Entity relationships must be “formal, documented, and formed in the ordinary course,” including universities, businesses, and other institutions.

The travel bans on North Korea and Venezuela were not included in the original suit brought before the Hawaii District Court. Travel of immigrants or nonimmigrants from North Korea and Venezuela remains suspended (all travel for North Korea and entry in tourist or business visitor status remains suspended for officials of certain Venezuelan government agencies and their immediate family members).

​The court ruling is here.

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Travel Ban 3.0 or Muslim Ban Revised: Presidential Proclamation September 24 2017

9/28/2017

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On September 24, 2017, the White House issued a Presidential Proclamation which replaced expiring portions of the President's March 6, 2017 Executive Order, Travel Ban 2.0, and expanded the list of the banned countries to eight. 

The following eight countries are now subject to travel restrictions (travel ban): Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia.

There was no clear explanation why the U.S. ally in Africa, Chad, was added to the list of the banned countries. 

Iraq and Sudan were removed from the travel ban list, but the Proclamation Travel Ban recommends “additional scrutiny” for nationals of Iraq and Sudan.

This travel ban applies differently to citizens of different banned countries:

** Citizens of North Korea are barred from all types of immigrant and nonimmigrant entry into the United States;

** Citizens of Chad are only barred from entering on immigrant visas and on non-immigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas; and

** Citizens of Iran are barred in all immigrant and nonimmigrant categories except for student (F and M) and exchange visitor (J) visas. Therefore, it is expected that visa issuance and entry in categories not subject to the ban will continue uninterrupted.

The Proclamation Travel Ban goes into effect on different dates for different countries.  

For foreign nationals already subject to the Travel Ban 2.0 and who do not have a bona fide relationship with a person or entity in the US, the restrictions in the Proclamation Travel Ban went into effect immediately on September 24, 2017. For all nationals of the recently added countries, travel ban will apply on October 18, 2017.

Effective October 18, 2017, the proclamation appears to get rid of the “bona fide relationship” protection implemented by the Supreme Court under its temporary ruling on the EO Travel Ban 2.0, which exempted travelers with certain qualifying family and employment relationships in the US. Most likely, this issue will be litigated again.

Contrary to the Travel Ban 2.0, the new Proclamation Travel Ban has no expiration date.  Government agencies will be presenting reports every 180 days, and the Travel Ban 3.0 can be revised based on the reports and recommendations.

Additional countries may be added in the future. 

Countries may be removed if they are recommended for removal by the DHS, in consultation with US Department of State and other relevant US agencies.

The new Proclamation Travel Ban 3.0 does not apply to certain categories of travelers:
  • Lawful permanent residents..
  • Travelers who already hold a valid US visa.
  • Dual citizens of the designated (banned) countries who are traveling on the passport of a non-designated country.
  • People already granted asylum in the US or admitted to the US in refugee status, and those already granted withholding of removal, advance parole, or protection under the Convention Against Torture.
  • People traveling with a document other than a visa valid on the effective date (for example, an advance parole document) that permits them to travel to the USA .
  • Holders of diplomatic visas, NATA visas, UN C-2 visas, G-1, G-2, G-3, and G-4 visas;

​A case-by-case waiver may be issued by consular and border officers when determined to be appropriate. The waiver grant guidance is expected to be released soon by the US Department of State. The waiver guidance will consider the US national interest and potential security risks for each individual, among other categories.

Full test of the Presidential Proclamation is here.

​
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    Luba Smal is an attorney exclusively practicing USA federal immigration law since 2004.  She speaks English and Russian. 

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