Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

USCIS Clarifies Physical Presence Guidance for Asylees and Refugees Applying for Adjustment of Status

2/2/2023

Effective immediately, U.S. Citizenship and Immigration Services (USCIS) has updated guidance in the USCIS Policy Manual to clarify that both asylees and refugees must have been physically present in the United States for one year when USCIS adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time they file their adjustment of status application. This applies to all Form I-485 and Form N-400, Application for Naturalization, applications pending on Feb. 2, 2023, and those filed on or after that date.

This update will promote consistency across asylee and refugee adjustment of status applications. If we cannot determine whether an applicant satisfies the one-year physical presence requirement by reviewing their file or our records when we adjudicate their Form I-485, we may request additional evidence.
This policy manual update also:

Clarifies that asylee and refugee adjustment of status applicants previously admitted in J-1 or J-2 nonimmigrant status and otherwise subject to the two-year foreign residence requirement under Immigration and Nationality Act (INA) 212(e) do not need to meet that two-year requirement (or obtain a waiver) to adjust their status under INA 209; and
Makes minor technical updates, including clarifying processing steps for refugees seeking waivers of inadmissibility, removing references to the obsolete Form I-291, Decision on Application for Status as Permanent Resident, and adding regulatory citations related to asylum termination procedures.

Welcome Corps Program: Private Sponsorship of Refugees by American Citizens

1/19/2023

On January 19, 2023, the US Department of State announced creation of a new Refugee Resettlement program. The government decided to involve private American citizens into sponsorship, resettlement and taking care of the needs of the refugees. A new program is called The Welcome Corps.

The Department of State, in collaboration with the Department of Health and Human Services, is pleased to announce the creation of the Welcome Corps, a new private sponsorship program that empowers everyday Americans to play a leading role in welcoming refugees arriving through the U.S. Refugee Admissions Program (USRAP) and supporting their resettlement and integration as they build new lives in the United States. Over the past year, the American people have extended an extraordinarily welcoming hand to our Afghan allies, Ukrainians displaced by war, and Venezuelans and others fleeing violence and oppression. The Welcome Corps will build on Americans’ generosity of spirit by creating a durable program for Americans in communities across the country to privately sponsor refugees from around the world. The Welcome Corps is the boldest innovation in refugee resettlement in four decades.

Since the formal inception of the USRAP in 1980, the Department of State has partnered primarily with non-profit resettlement agencies to provide initial resettlement assistance to newly arriving refugees. The Welcome Corps creates new opportunities for everyday Americans to engage directly in refugee resettlement through private sponsorship, independent of and complementary to existing avenues for volunteering with resettlement agencies. By tapping into the goodwill of American communities, the Welcome Corps will expand our country’s capacity to provide a warm welcome to higher numbers of refugees. The launch of the Welcome Corps fulfills the U.S. Government’s commitment to develop a private sponsorship program for resettling refugees in the United States, as directed by President Biden through Executive Order 14301 on “Rebuilding and Enhancing Programs to Resettle Refugees” in February 2021. The establishment of the Welcome Corps is also an aspect of the U.S. Government’s ongoing efforts to strengthen, modernize, and expand the USRAP. The Welcome Corps incorporates lessons learned from other emergency initiatives launched over the past year, including the Sponsor Circle Program for Afghans and sponsorship-based parole programs overseen by the Department of Homeland Security, including Uniting for Ukraine.

Year One of the Welcome Corps

The Department of State will roll out the Welcome Corps in two phases to identify, evaluate, and scale-up the most successful elements of private sponsorship as an innovative, community-led model of resettlement, with the goal of cementing the Welcome Corps as an enduring feature of our refugee resettlement system.

In the first phase of the program, private sponsors participating in the Welcome Corps will be matched with refugees whose cases are already approved for resettlement under the USRAP. The Department of State will begin facilitating matches between private sponsors and refugees arriving within the first six months of 2023.

In the second phase of the program, which will launch in mid-2023, private sponsors will be able to identify refugees to refer to the USRAP for resettlement and support the refugees they have identified. Further details on the second phase of the program will be forthcoming. The Welcome Corps will ultimately be a key part of the U.S. refugee resettlement system, providing a life-saving lifeline to vulnerable people in need of resettlement. In the first year of Welcome Corps, the Department of State will seek to mobilize 10,000 Americans to step forward as private sponsors and offer a welcoming hand to at least 5,000 refugees. If more than 10,000 individual Americans join the Welcome Corps in 2023, we will seek to pair additional private sponsors with refugees in need of a warm welcome.

Participating Organizations

The Department of State is funding a consortium of non-profit organizations with expertise in welcoming, resettling, and integrating refugees into U.S. communities to support the Welcome Corps. This consortium is being led by the Community Sponsorship Hub, and includes Church World Service, IRIS – Integrated Refugee and Immigrant Services, the International Refugee Assistance Project, the International Rescue Committee, and Welcome.US. This consortium will offer expert guidance and support to Americans joining the Welcome Corps.

The consortium will manage the Welcome Corps’ program infrastructure including:

Overseeing vetting and certification of private sponsors through an application process;
Providing training, additional resources, and connections to equip private sponsors with the knowledge, skills, and tools needed to welcome refugees; and
Monitoring the program to ensure privately sponsored refugees are getting the support they need for success and collecting data to evaluate the program.

Community organizations and institutions may also apply to participate in the Welcome Corps as Private Sponsor Organizations (PSOs) to mobilize, support, and oversee private sponsors. As the Welcome Corps launches, a range of organizations are stepping forward as PSOs including Alight, Every Campus A Refuge, HIAS, Home for Refugees USA, IRIS – Integrated Refugee and Immigrant Services, the International Rescue Committee, Rainbow Railroad, and WelcomeNST. With strong support from private philanthropists, the consortium will make funds available to qualifying PSOs to support their efforts. To complement the work of both PSOs and the consortium, the Department of Health and Human Services will continue to support U.S. states as they build infrastructure and outreach capacity to welcome and support new arrivals’ integration into their new communities.

How to Join the Welcome Corps

Groups of at least five individual American citizens or permanent resident adults will be able to apply to the Welcome Corps to privately sponsor the resettlement of refugees in the United States. Private sponsors will be responsible for independently raising funds and directly providing essential assistance to refugees for their first 90 days in their new community. This assistance includes helping refugees find housing and employment, enrolling children in school, and connecting refugees to essential services in the community. For more information on the Welcome Corps or to become a private sponsor, visit the Welcome Corps website.

https://www.state.gov/launch-of-the-welcome-corps-private-sponsorship-of-refugees-2/

Here is the official DOS site for prospective sponsors to register for this program:

https://welcomecorps.org/

U4U Uniting for Ukraine and Afghan Parolees Eligible for Refugee Benefits I-765 Work Permit

11/23/2022

Congress has recently passed laws relating to certain Afghan and Ukrainian parolees that have included language providing that parolees covered by the legislation “…shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)....”

Under DHS regulations, refugees are authorized employment incident to status, and under current USCIS policy and practice, refugees are not charged a fee by USCIS for their initial Form I-765, Employment Authorization Document (EAD). Parolees, however, are not employment authorized incident to status, and must pay a fee (currently $410) for their EAD, unless the fee is waived or exempted.
To implement the statutory language “other benefits available to refugees” in the context of section 2502(b), P.L. No. 117-43 (Afghan parolees) and section 401 of Public Law 117-128 (Ukrainian parolees), USCIS is providing the benefits of employment authorization incident to status normally accorded to refugees and a no-fee initial (and replacement of an initial) EAD to Afghan and Ukrainian parolees so that they receive the same treatment as refugees.
Effective Nov. 21, 2022, Ukrainian and Afghan parolees, and their qualifying family members, with certain classes of admission are considered employment authorized incident to parole, which means that they do not need to wait for USCIS to approve their Form I-765, Application for Employment Authorization, before they can work in the United States.

This updated policy guidance applies to the following individuals, if their parole has not been terminated:

Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of “OAR.” If you are an Afghan parolee covered under section 2502(b), P.L. No. 117-43 who did not receive an “OAR” class of admission on your Form I-94, please email U.S. Customs and Border Protection at oawi94adjustments@cbp.dhs.gov to update your class of admission, if appropriate;
Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “UHP”; and
Ukrainian parolees whose unexpired Form I-94 contains a class of admission of “DT” issued between Feb. 24, 2022, and Sept. 30, 2023, and indicates Ukraine as the country of citizenship on the document.

For these parolees, their unexpired Form I-94 is an acceptable receipt they may present to their employer to show their identity and employment authorization for for the purposes of Form I-9, Employment Eligibility Verification. The receipt satisfies the Form I-9 requirement for 90 days from the date of hire (or in the case of reverification, the date employment authorization expires). Individuals who received a Form I-94 when they entered the United States should visit U.S. Customs and Border Protection’s Form I-94 page to view and print a copy of their Form I-94. If you do not have a passport, you can use your A-Number to retrieve your Form I-94 online at the site above by choosing “Get Most Recent I-94.” Enter your A-Number in the Document Number field and enter your country of citizenship or “USA” in the Country of Citizenship field.

After the 90-day period, parolees must present an EAD or unrestricted Social Security card and acceptable List B identity document from the Form I-9 Lists of Acceptable Documents (such as a state-issued driver’s license or identification card). Ukrainian and Afghan parolees must still file a Form I-765 to receive a physical EAD. USCIS will provide additional guidance for employers about completion of Form I-9, Employment Eligibility Verification.

Effective Nov. 21, 2022, USCIS is also exempting the fee to file Form I-765 for Ukrainian parolees filing for the first form I-765, application for an EAD by mail. Afghan parolees under OAW are already exempt from the fee for an initial paper-filed Form I-765 (and a replacement EAD) through Sept. 30, 2023.

Effective Dec. 5, 2022, USCIS will be able to process fee exemptions for online filings of Form I-765 for eligible Ukrainian and Afghan parolees. We encourage use of online filing for more efficient processing.
See Uniting for Ukraine and Information for Afghan Nationals pages for more information about submitting Form I-765. See File Online page for more information about creating an account and filing online.

Briefly in Russian:

Если вы приехали в США по программе Uniting for Ukraine из Украины, с 21 ноября 2022 вы имеете право работать в США первые 90 дней без предварительного получения разрешения на работу, если на вашей карточке I-94 Admission Record о въезде в США стоит статус UHP или DT.

Вы можете также подавать заявление на получение карточки соцстрахования на основании этой формы I-94 и штампа пароль в паспорте.

Чтобы получить саму карточку разрешение на работу, нужно подать заявление Form I-765 или по почте или онлайн в USCIS. C 21 ноября 2022 подача первого заявления I-765 по почте стала бесплатной для укаринских беженцев по программе U4U. С 5 декабря ожидается что подача первого I-765 также станет бесплатной онлайн (пока онлайн требует оплату). Эти новый изменения произошли из-за того, что Конгресс США приравнял статус пароль из Украины и Афганистана к статусу беженца.

USA announced plans to bring up to 100 thousand refugees from Ukraine

3/25/2022

It was announced yesterday that the U.S. will accept up to 100,000 refugees from Ukraine to help with humanitarian crisis as a result of Putin's war.

As of today, this is just a promise and expression of intent. No further details, no application process has been established yet. Wait until the official rules are published.

США объявили о приеме 100 000 беженцев с Украины. Пока нет деталей, нет установленных процедур куда и как обращаться. Информация будет опубликована в скором будущем. Подождите пока информация и правила опубликованы в официальных источниках.

Who is eligible to file a I-130 at USA Embassy abroad for an Immediate Relative of a US citizen

3/25/2022

How to bring an immediate relative of a US citizen to the USA ASAP, if they are from Ukraine, Afghanistan, Ethiopia, and you are with them abroad. Immediate relatives are: spouses of a US citizen, unmarried children under 21 and parents of a US citizen (and you are over 21). Other relatives are not falling under the "immediate relative" category.

Как привезти близкого родственика в США в порядке ускорения: если вы американский гражданин, находитесь вместе с ними за пределами США, и ваш близкий родственник (муж, жена, незамужний ребенок до 21 года, родитель и вы старше 21 года), и ваш родственник из Украины, Афганистана или Эфиопии. Если вы еще не подали на них петицию, теперь вы сможете это сделать в американском посольстве, что позволит съэкономить время.

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict

If you are a U.S. citizen who is physically present overseas with your Afghan, Ethiopian, or Ukrainian immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas. This applies only to U.S. citizens affected by the large-scale disruptive events in Afghanistan, Ethiopia, and Ukraine. Such citizens must be physically present in the country where they wish to file petitions. They can request to locally file on behalf of their spouses, unmarried children under the age of 21, and parents who fled Afghanistan after August 2, 2021; Ethiopia after November 1, 2020; or Ukraine after February 1, 2022.
Please email your nearest U.S. embassy or consulate’s Immigrant Visa Unit if you believe you may qualify to locally file a Form I-130 petition. You can find those email addresses at each individual embassy or consulate website.

A list of U.S. embassies and consulates is available at https://www.usembassy.gov.

If you have already filed a Form I-130 petition with USCIS for your immediate relative and it has not yet been approved, you may inquire with USCIS regarding expedition: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.
Further information about the immigrant visa process is available at https://travel.state.gov/content/travel/en/us-visas/immigrate.html
For more information for nationals of Ukraine, please see https://travel.state.gov/content/travel/en/News/visas-news/information-for-nationals-of-Ukraine.html
Additional information for visa applicants from Ukraine is also available at https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-processing-posts-for-visa-applicants-from-Ukraine.html.

Clarification About a Passport Requirement for Ukrainians

3/14/2022

Recently, the US embassy in Warsaw posted on their website that they are accepting nonimmigrant visa applications from applicants from Ukraine "without a passport".

I contacted the US embassy in another EU country, and they advised:

"Please note, the guidance from Warsaw indicates that applicants may apply without a passport, not be issued a visa without one. Your client will need a passport in order to travel to the U.S. The best place to assist her in obtaining one is the nearest Ukrainian embassy."

You must have a passport for a visa to be issued.

You must have a passport in order to board the flight to the United States.

A Ukrainian biometrics "passport card" is not a passport needed for a visa to be issued. For a visa, you need a "passport book".

Embassy stressed out again that at this time the U.S. doesn't have a refugee program for Ukrainians, and advises people to apply in the EU country they are temporarily located.

Contact the nearest Ukraine embassy for advice and help with a passport.

Недавно посольство США в Варшаве объявило на их вебсайте, что они готовы принимать на интервью на гостевую визу украинцев "без паспортов".

Я получила такое разъяснение из американского посольства, что Варшава разрешила прийти на интервью без паспорта, но для получения визы и прилета в США все равно нужен действительный паспорт (книжка, а не карточка).

В настоящее время после начала войны, посольства Украины не выдавали паспорта. Если это изменится, свяжитесь с посольством Украины в той стране где вы находитесь напрямую.

Humanitarian Assistance to Ukrainian Citizens Update from the U.S. Embassy in Poland

3/10/2022

HUMANITARIAN ASSISTANCE

Гуманитарная помощь украинским гражданам - информация от посольства США в Варшаве, Польше от 9 марта 2022.

США по прежнему не принимает беженцев из Украины. Если вы хотите получить статус беженца, вы должны обращаться в организации по расселению беженцев в Польше и других странах Европы.
Если вы подаете на гостевую визу - это не на статус беженца. У вас не будет пути на получение грин карты и гражданства, за некоторыми исключениями. Это только временное пребывание в США сроком до 6 месяцев.
Посольство США сообщило, что они могут выдать неиммиграционную гостевую визу ДАЖЕ ПРИ ОТСУТСТВИИ ПАСПОРТА! Консул сообщит детали во время интервью.
Вы можете подлать на визу жены или ребенка или родителя американского гражданина в посольстве США напрямую (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents), но не можете это сделать по визе невесты, K-1 visa, петиция на визу невесты по прежнему подается через USCIS.

If you are seeking information about immediate humanitarian assistance in Poland:

Almost all refugee cases in countries abroad are processed by local authorities, in this case the government of Poland.
Ukrainians should not contact the authorities of the United States or attempt to apply for visas in order to travel to the United States as refugees–such travel is not possible. They should contact the authorities of Poland. Contact information is below.
Almost all refugee cases in countries abroad are first processed by local authorities, in this case the government of Poland.
Please visit the government of Poland webpage for information about resources: https://www.gov.pl/web/udsc/ukraina-en. This website provides the locations of official reception points along Poland’s border with Ukraine.
Additional information is available from the United Nations Refugee Agency (UNHCR): https://help.unhcr.org/poland/, including information about non-governmental organizations that may be able to provide additional assistance.
In Warsaw, those seeking information on support from the Polish government can direct inquires to the Office for Foreigners (Urząd do Spraw Cudzoziemców).
- Phone: +48 47 721 75 75,
- Web: https://www.gov.pl/web/udsc/ukraina

VISA SERVICES IN POLAND

IMMIGRANT VISAS
If you are a U.S. citizen or Legal Permanent Resident with a Ukrainian relative seeking to travel to the United States on an immigrant visa:

If you have an I-130 petition approved by USCIS pending processing at the National Visa Center (NVC) and want to transfer it to another Embassy, the designated processing post for Ukrainian Immigrant Visas is United States Consulate General Frankfurt, Germany: https://de.usembassy.gov/ukrainians-in-germany/. You may request expedition and transfer from the National Visa Center: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html
If you have not yet filed a petition but wish to do so, you may contact U.S. Consulate General Frankfurt to inquire regarding possible local filing (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents). Both the petitioner and the applicant must be present in Germany.
If you have an immigrant visa case that has already been transferred from NVC to Kyiv for the appointment and processing and you would like it to be processed in Frankfurt, please send an email request with your case number (KEV+10 digits) to U.S. Consulate General Frankfurt.
If you are already in Poland, cannot travel to Frankfurt, and have an I-130 petition approved by USCIS pending processing at the National Visa Center and want to transfer it to U.S. Embassy Warsaw, you may request expedition and transfer from the National Visa Center: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html.
If you have not yet filed a petition, wish to do so, cannot travel to Frankfurt, and wish to file at U.S. Embassy Warsaw, you may email support-Poland@ustraveldocs.com to inquire regarding possible local filing. (this applies only to U.S. citizens filing petitions for their spouses, unmarried children under 21 and parents). Both the petitioner and the applicant must be present in Poland.
If you have a question about an immigrant visa case that is already in process at U.S. Embassy Warsaw, please email support-Poland@ustraveldocs.com.

If you are a U.S. citizen with a Ukrainian fiancée/fiancé seeking to travel to the United States on a K1 visa:

If you have already filed a petition with United States Citizenship and Immigration Services (USCIS) that was not yet approved, U.S. law prohibits U.S. embassies from accepting K visa petitions (I-129F) for local filing abroad. USCIS must first approve K visa petitions. However, you can request an expedite for USCIS processing at https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

NONIMMIGRANT VISAS
Before applying for a nonimmigrant visa, consider carefully whether you are qualified for the visa you intend to apply for. Nonimmigrant visas are for temporary stays in the United States and are not for refugees. There are no nonimmigrant visas available for refugees. If you apply for a nonimmigrant visa but do not intend to leave the United States, your application will be refused.
There are no “walk-up” appointments available at U.S. Embassy Warsaw or U.S. Consulate General Krakow. You must have an appointment in advance in order to interview for a visa.
If you are not qualified for a nonimmigrant visa, you may wish to refer to the humanitarian assistance information above.
If you are a Ukrainian who wants to travel to the United States or a U.S. citizen who has friends, business associates, or NON-IMMEDIATE family who want to travel to the United States on a nonimmigrant visa you should go to https://www.ustraveldocs.com/pl/en/nonimmigrant-visa and schedule your appointment:

Demand is extremely high, availability is low, and wait times and processing times are likely to be very lengthy. You may wish to refer to the humanitarian relief information above.
If you already have an appointment at U.S. Embassy Warsaw but wish to expedite it, you may request expedition via https://www.ustraveldocs.com/pl/en/expedited-appointment.
If you already began a nonimmigrant visa application process in Ukraine, you may send a request to Support-Poland@ustraveldocs.comto ask for transfer of your “profile” to Warsaw or Krakow, after which you should be able to continue the process for an appointment in Poland. Please note that a visa fee paid in Ukraine cannot be transferred and that it is necessary to pay a new fee in Poland after a profile is transferred. If you are seeking but do not already have an appointment visit https://www.ustraveldocs.com/pl/en/step-4 and sign up for the first available appointment of the type you are eligible for.
If you do not have all your documents available, for example a passport, you may apply without these documents. A Consular Officer will inform you of any required next steps as part of the visa decision. (Edit 03/14/2022: as was explained by the US embassy in another EU country, a valid and unexpired "passport book" (not a biometric card) is still required for any US visa to be issued and for travel to the United States).

If you are a Ukrainian with a U.S. citizen/Legal Permanent Resident (LPR) spouse or parent and are seeking to travel to the United States on a nonimmigrant visa for temporary stay please visit https://www.ustraveldocs.com/pl/en/nonimmigrant-visa to schedule an appointment.

Select the “Ukrainian with U.S. citizen or Legal Permanent Resident immediate family” category in step 3 when scheduling your appointment.
- This category is only for a spouse or child of a U.S. citizen or Legal Permanent Resident.
If you are unable to schedule an appointment via the methods described above, you may instead request a “group appointment” via https://ustraveldocs.com/pl/en/group-appointments and suggest a date convenient for you. Once you have submitted your request, please wait for a response from the Embassy, which will come via email and should permit you to schedule an appointment.
- The group appointment option is only available for a U.S. citizen or LPR with a Ukrainian spouse or child. Other applicants who apply for the group method will be declined.
Read at https://pl.usembassy.gov/visas/humanitarian-assistance-and-visa-information-for-ukrainians/

Ukraine Update: Refugees, Asylum, US Embassy in Kiev

2/25/2022

UKRAINE Update: 02/25/2022

Новости из Белого Дома. Пресс секретарь объявил, что США готовы принять беженцев (refugees) с Украины.

Вначале им нужно покинуть страну и стать беженцами - например, уехать с Украины в Европу, и затем подавать на статус беженца.

Если украинцы находятся на территории США, то они могут подавать на политическое убежище (political asylum), статус asylee.

On February 24, 2022, Russia invaded Ukraine, it's estimated that up to 5 million Ukrainians may flee their country. White House Press Secretary Jen Psaki told reporters the United States is ready to accept some of those refugees.

Since the invasion began early Thursday, Ukrainians fleeing the fighting have entered Poland, Romania, and Moldova, and there are centers set up at the borders to provide assistance.

In December 2021, Ukraine's defense minister estimated that between 3 and 5 million Ukrainians might be forced to leave their homes if Russia invaded. In comparison, about 1 million refugees entered Europe between 2015 and 2016 from Syria, Iraq, and Afghanistan, and nearly 1.5 million people were displaced in 2014 when Russia invaded Crimea.

Read here.

https://news.yahoo.com/white-house-u-prepared-accept-030505583.html?fr=sycsrp_catchall

UKRAINE UPDATE: 02/24/2022

UKRAINE UPDATE:

The US embassy in Kyiv, Ukraine evacuated and all consular services were suspended.

If you have a immigrant visa case assigned to Ukraine, consult your attorney to decide what to do, and if your case can be transferred to another US embassy in another country.

In Russian: с 12 февраля 2022 все консульские сервисы и выдача виз (даже без интервью, как вейвер) были приостановлены в посольстве США в Киеве в Украине. Более того, посольство было эвакуировано. По последним данным многие сотрудники выехали в Польшу после Львова.
Если у вас есть дело на иммиграционную визу (грин карту) по воссоединению семьи в посольстве в Киеве, обсудите с вашим адвокатом ваши шаги по переводу дела в доугое посольство США в другой стране, возможно ли это, что для этого нужно сделать.
В настоящее время невозможно предсказать когда ситуация вернется в норму.
Желаем вам мира!

Official announcement is here.

On February 12, 2022, the Department of State ordered the departure of most U.S. direct hire employees from Embassy Kyiv due to the continued threat of Russian military action. The Department previously authorized the voluntary departure of U.S. direct hire employees and ordered the departure of eligible family members on January 23, 2022.
On Sunday, February 13, 2022, the Department of State suspended consular services to include interview waiver services at the U.S. Embassy in Kyiv. Applicants for U.S. nonimmigrant visas may apply in any country in which they are physically present and where there are appointments available. As each U.S. Embassy has specific application procedures, you should contact the U.S. Embassy or Consulate where you wish to apply directly. Contact information for U.S. Embassies and Consulates is available at www.travel.state.gov.
If you have an immigrant visa case currently pending with U.S. Embassy Kyiv and would like to transfer processing of an immigration case to another U.S. Embassy, you must contact the receiving U.S Embassy in that country to authorize and initiate transfer. The Embassy will have a list of requirements which must be satisfied in order to begin the transfer process.

https://ua.usembassy.gov/visas/

USCIS Updated Green Card Interview Requirements for Refugees and Asylees

12/15/2020

On December 15, 2020, USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, based on refugee or asylee status. Whether an interview is necessary to determine the admissibility of an alien applying for lawful permanent resident status under INA § 209. The updates do not change the eligibility requirements to adjust status. 
The list of interview criteria can be found in the Policy Manual, Volume 7, Part L, Chapter 5, Part B. Each determination by USCIS to waive or require an interview will continue to be made at the discretion of the USCIS officer on a case-by-case basis. The updated criteria may result in more applicants requested to appear for an interview.

B. Interview Criteria

The decision to interview a refugee applicant for adjustment of status is made on a case-by-case basis.[1] Interviews are generally required when an officer is unable to verify identity or determine admissibility based solely on the immigration records available to the officer. Although the decision to conduct an interview is made on a case-by-case basis, an officer should generally refer a case for interview if it meets one or more of the following criteria:

The officer cannot verify the identity of the applicant through the information in the A-File.
The officer can verify the identity of the applicant through the information in the A-File, but the applicant is claiming a new identity.
Immigration records are insufficient for the officer to determine whether or not the applicant has refugee status.
The applicant has an approved Form I-730, but, if granted overseas, was not interviewed as part of the derivative refugee process or, if granted in the United States, was not interviewed prior to the approval.
The applicant’s Federal Bureau of Investigation (FBI) fingerprint results indicate that further processing is needed.
The officer cannot determine the applicant’s admissibility without an interview.
The officer determines that the applicant is inadmissible but that an interview is necessary to determine if a waiver is appropriate.
The applicant has an articulable national security or terrorism-related ground of inadmissibility concern.
Other eligibility fraud, identified on a case-by case basis, where Fraud Detection and National Security (FDNS), Center Fraud Detection Operations (CFDO), or Background Check Units (BCU) recommends interview.
Immigration records are insufficient for the officer to determine whether or not the applicant is inadmissible based on past or current placement in removal proceedings at any time.[2]
The applicant has conflicting or multiple identities, other than properly documented by legal name changes.
A sworn statement is required to address the applicant’s admissibility.
An interview would yield clarifying information, such as with an unclear response to a request for evidence concerning the applicant’s admissibility.
The applicant is a citizen of, or last habitually resided in, a country that is now, or was at the time of last residence, a State Sponsor of Terrorism.
The officer has any other articulable concern regarding identity, inadmissibility, national security, public safety, or fraud, and recommends an interview to help resolve that concern.

Traveling Abroad as Asylum Applicant, Asylee, or Lawful Permanent Resident

2/19/2019

Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum.

Asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.

--> An asylum applicant who leaves the United States without first obtaining advance parole shall be presumed to have abandoned his or her asylum application. Advance parole (see: USCIS Form I-131) allows certain aliens to return to the United States without a visa after traveling abroad.
Asylum applicants must receive advance parole before leaving the United States.
Advance parole does not guarantee that the alien will be paroled into the United States. Rather, the asylum applicant must still undergo inspection by an immigration inspector from United States Customs and Border Protection (CBP).

--> Asylees: Asylees (individuals who have been granted asylum) may travel abroad with the prior approval of the Secretary of the Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad.
Generally, the asylee should obtain the refugee travel document prior to departure from the United States, though the applicable regulations also permit the issuance of a refugee travel document abroad under certain circumstances. Like advance parole, a refugee travel document does not guarantee admission into the United States. Rather, the asylee must still undergo inspection by an immigration inspector from CBP.

--> Lawful Permanent Residents: Lawful permanent residents who obtained such status based on their asylum status may also travel abroad with refugee travel documents.

Read more here and here.

Starting October 1 2017, USCIS to conduct green card interviews in EB and I-730 cases

8/28/2017

U.S. Citizenship and Immigration Services (USCIS) will begin conducting in-person "green card" interviews for new categories of the applicants, who were approved without an interview in the past.

This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the strategy to improve the detection and prevention of fraud and enhance the integrity of the immigration system.

Effective October 1, 2017, USCIS will begin to phase-in interviews for the following:

• Adjustment of status applications based on employment, EB categories (Form I-485, Application to Register Permanent Residence or Adjust Status).

• Refugee/asylee relative petitions (Form I-730) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated.

Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.

As a practical matter, this new rule may result in severe backlogs now in the USCIS system, and "green card" interview wait times going up to over a year or more in some field offices.

Read more here.

Briefly in Russian:

Начиная с 1 октября 2017, USCIS вводит интервью на грин карту по всем рабочим категориям, а также для родственников тех, кто получил статус политическое убежище или статус беженца, и находится в США.

Ранее эти категорий заявителей на интервью не вызывали.

Также USCIS намекает, не вдаваясь в детали, что в будущем они введут обязательные интервью и для других категорий дел (не только грин карты).

На практике это приведет к задержкам по рассмотрению заявлений на грин карты. Если на сегодняшний день в некоторых городах и штатах США ожидание интервью на грин карту занимает 8-12 месяцев, то эти сроки могут увеличится вдвое.

US Supreme Court partially reinstates Travel Ban or Muslim Ban Executive Order No. 2, effective June 29 2017

6/26/2017

On June 26, 2017, the U.S. Supreme Court partially reinstated Trump’s travel ban 2nd executive order 13780, Protecting the Nation From Foreign Terrorist Entry Into the United States, and agreed to hear the arguments in the fall 2017.

In the meantime, the 90-day ban #TravelBan #MuslimBan and 120-day ban on refugee admission will become effective in 72 hours, on June 29, 2017, and will apply to people entering the U.S. from six predominantly Muslim countries. The partially reinstated executive order will ban the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen to the United States for 90 days, and suspends the admission of all refugees for 120 days.

The ban will not apply to people who have a "credible claim of a bona fide relationship with a person or entity in the United States." That includes people visiting a close family member, students who have been admitted to a university or workers who have accepted an employment offer.

What this means is that individuals from the six countries will be permitted to enter the United States if they have a “close familial relationship” with someone already here or if they have a “formal, documented” relationship with an American entity formed “in the ordinary course” of business. However, the Court said that such relationships cannot be established for the purpose of avoiding the travel ban. The government will likely begin applying the travel ban in the limited fashion permitted by the Supreme Court on June 29, 2017.

Who is likely (probably) to be allowed to enter the United States:

Individuals who have valid immigrant or non-immigrant visas issued on or before June 26, 2017: These individuals are not included in the travel ban.
Individuals with visas coming to live or visit with family members: The Court’s order is clear that individuals who “wish to enter the United States to live with or visit a family member” have close familial relationships. The Court used both a spouse and a mother-in-law as examples of qualifying relationships, but it is unclear whether more distant relatives would qualify.
Students who have been admitted to a U.S. university, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience: The Court provided these three examples of individuals who have credible claims of a bona fide relationship to an American entity.
Other types of business travelers: It is unclear whether individuals with employment-based visas that do not require a petitioning employer will be able to demonstrate the requisite relationship with a U.S. entity.
Refugees: Most refugees processed overseas have family or other connections to the United States including with refugee resettlement agencies. The Court ruled that such individuals may not be excluded even if the 50,000 cap on refugees has been reached or exceeded.

Who may have trouble entering the United States:

Individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017: The Court’s decision is not clear. The court's decision could result in numerous lawsuits, disputing the decision that they lack "connection" required.
Tourists: Nationals of the designated countries who are not planning to visit family members in the United States and who are coming for other reasons (including sight-seeing) may be barred from entering.

The real problems will emerge when the government (CBP, TSA, DHS, Dept of State) will start implementing the executive order, and deciding who has sufficient ties or who doesn't, and who should be admitted or who should be banned/visa revoked/placed on a return flight.

Three justices published a separate opinion, where Justice Thomas noted: "I fear that the Court’s remedy will prove unworkable. Today’s compromise will burden executive officials with the task of deciding—on peril of contempt— whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country. See ante, at 11– 12. The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a “bona fide relationship,” who precisely has a “credible claim” to that relationship, and whether the claimed relationship was formed “simply to avoid §2(c)” of Executive Order No. 13780, ante, at 11, 12. "

#TravelBan #MuslimBan #ExecutiveOrder

Read the decision here.

UPDATE June 29, 2017:

The Executive Orders Travel Ban 90-day suspension of entry will be implemented
worldwide at 8:00 p.m. Eastern Daylight Time (EDT) on June 29, 2017.

The U.S. Department of State had clarified in the cable who is considered to have a "credible claim of a bona fide relationship with a person or entity in the United States."

According to the State Department, this “bona fide relationship” rule encompasses parents, parents-in-law, spouses, children, adult children, sons- and daughters-in law, and siblings (whole or half). This includes also step-parents and step-children.

According to the US DoS 06-29-2017 cable, there is no sufficient "bona fide relationship" and a visa will not be issued to the foreign nationals who are "grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-laws and sisters-in-law, fiancés and any other ‘extended’ family members.”
The Supreme Court clarified that “a foreign national who wishes to enter the United States to live with or visit … [his] mother-in-law … clearly has such a relationship.” (Emphasis added.) Under the Trump administration’s guidelines, a foreign national must be exempted from the ban if she wishes to visit her half-sister or mother-in-law, but is banned if she wants to see a grandmother or aunt who raised her.

The text of the cable, dated June 28, 2017 at 7:57:39 PM EDT, Subject: (SBU) IMPLEMENTING EXECUTIVE ORDER 13780 FOLLOWING SUPREME COURT RULING -- GUIDANCE TO VISA-ADJUDICATING POSTS From: SECSTATE WASHDC Action: ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE is here.

UPDATE 09:00 PM CST June 29, 2017:

The U.S. Department of state had updated its morning cable and included fiancees into the list of "close family" required to establish "bona fide relationship" for a visa to USA from one of six affected countries.

"Close family” is defined as a parent (including parent-in-law), spouse, fiancee, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half. This includes step relationships.

Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, and any other “extended” family members."

The US DoS also clarified the "fate" of Canadian permanent residents who hold passports from one of the six affected countries.

Good news for the Canadian residents:
"Are there special rules for permanent residents of Canada?
Permanent residents of Canada who hold passports of a restricted country can apply for an immigrant or nonimmigrant visa to the United States if the individual presents that passport, and proof of permanent resident status, to a consular officer. These applications must be made at a U.S. consular section in Canada. A consular officer will carefully review each case to determine whether the applicant is affected by the E.O. and, if so, whether the case qualifies for a waiver." See here.

Unaccompanied Minors or UAC & New Executive Orders: Guidance as of March 2017

3/22/2017

Starting in January 2017, a new administration has issued multiple immigration-related Executive Orders and implementing memoranda.

These orders and memoranda touch on nearly all areas of immigration enforcement, including the treatment of immigrant children.

March 2017 ILRC guidance addresses possible ways that UACs may be affected by these changes.

We do not know how these policies will play out in practice, and there will likely be legal and advocacy challenges to their implementation.

Limiting Who Can Be Considered a UAC.

UAC is defined as a child who:

1) has no immigration status in the U.S.;

2) is under 18 years old; and

3) has no parent or legal guardian in the U.S., or no parent or legal guardian in the U.S. who is available to provide care and physical custody.

When children from non-contiguous countries are apprehended by Customs & Border Protection (CBP) or Immigration & Customs Enforcement (ICE), those agencies must notify the Department of Health & Human Services (HHS) within 48 hours, and transfer the child to HHS within 72 hours of determining them to be a UAC.

Such notice and transfer are also required for UACs from contiguous countries, provided that they trigger trafficking or asylum concerns or are unable to make an independent decision to withdraw their application for admission.

Many UACs are apprehended by CBP at the border, such that even those who do have parent(s) in the U.S. typically do not have parents that are “available to provide care and physical custody” in the short time in which CBP must determine if the child meets the UAC definition. Because of this, some children are classified as UACs even though they have a parent in the U.S., consistent with the definition’s disjunctive third prong.

Under previous USCIS guidance and practice, once a child is classified as a UAC, the child continues to be treated as a UAC, regardless of whether they continue to meet the definition. The UAC designation is generally beneficial because the law provides for more child-friendly standards for UACs. In an apparent effort to limit the number of youth who are classified as UACs, the Dept. of Homeland Security (DHS) Memorandum implementing the recent Executive Order on border enforcement (“Border Enforcement Memo”) directs U.S. Citizenship & Immigration Services (USCIS), CBP, and ICE to develop “uniform written guidance and training” on who should be classified as a UAC, and when and how that classification should be reassessed.5 This guidance has not yet been developed.

But we anticipate that we may see any or all of the following changes:

-- Fewer children being classified as UACs upon apprehension. This could result in these children being subject to expedited removal (fast-track deportation without seeing an Immigration Judge), rather than being placed in removal proceedings under INA § 240, as the law requires for all UACs from non-contiguous countries and those who pass the screening from contiguous countries.

-- This could also result in more children being detained by DHS in detention centers rather than by HHS in less restrictive settings.

-- Children who are initially classified as UACs being stripped of that designation—formally or informally--once they turn 18 and/or reunify with a parent and/or obtain a legal guardian.

Federal law offers certain benefits to UACs. Losing that designation may deprive the affected children of those protections, meaning that they may:
1) no longer be able to avail themselves of the provision of law that allows UACs to file their asylum applications with USCIS in a non-adversarial setting despite being in removal proceedings;
2) be subject to expedited removal after being released from HHS custody rather than being placed in removal proceedings under INA § 240;
3) not receive post release services from HHS;
4) no longer be eligible for certain government-funded legal representation programs for UACs; and
5) no longer be eligible for voluntary departure at no cost.

Punishing Sponsors & Family Members of UACs

The Border Enforcement Memo also seeks to penalize parents, family members, and any other individual who “directly or indirectly . . . facilitates the smuggling or trafficking of an alien child into the U.S.” This could include persons who help to arrange the child’s travel to the U.S., help pay for a guide for the child from their home country to the U.S., or otherwise encourage the child to enter the U.S.10 Pursuant to the Border Enforcement Memo, enforcement against parents, family members or other individuals involved in the child’s unlawful entry into the U.S. could include (but is not limited to) placing such person in removal proceedings if they are removable, or referring them for criminal prosecution. We do not know how this provision will play out in practice.

But even the inclusion of this language in the memo may cause panic and dissuade parents, family members or other adults from 1) sending children to the U.S. (typically done when children face imminent harm in their home country); 2) sponsoring children out of HHS custody once they are in the U.S.; 3) assisting in children’s applications for immigration relief, including asylum; 4) otherwise assisting children in fighting against deportation.

Criminalizing Young People

Under the DHS memo implementing the Executive Order on interior enforcement, DHS’s enforcement priorities have been vastly expanded. While DHS previously focused its resources on removing people with serious criminal convictions, now DHS will take action to deport anyone it considers a “criminal alien.” The current administration’s definition of a criminal alien is incredibly broad, including people with criminal convictions, but also those charged with criminal offenses, or who have committed acts that could constitute a criminal offense.

Immigration law has long treated juvenile delinquency differently than criminal convictions, and that law is unchanged. However, it is unclear given the broad scope of the new enforcement plan whether delinquency will be considered a “criminal offense” and thus a priority for purposes of enforcement (even though it may not make a person inadmissible or deportable under the immigration laws). It remains to be seen how these expanded enforcement priorities will play out.

See a new March 2017 guidance here.

Asylum Division USCIS: Questions and Answers February 7 2017 Meeting

3/13/2017

SCIS Asylum Division Quarterly Stakeholder Meeting took place on Tuesday, February 7, 2017.

Please note that the answers were provided before the second "Muslim Ban" or "Travel Ban" was signed.

You can find the Questions and Answers here.

January 2017 Executive Orders on Immigration: Advisory, Know Your Rights

2/1/2017

On January 25 and 27, 2017, President signed several Executive Orders. Here are the links to full text of three Executive Orders on Immigration:

Executive Order Number 1 concerns building a wall along the 2,000 mile border between the US and Mexico.

Executive Order Number 2 would prioritize the deportation or removal of criminals from USA. It would also compel state and local agencies to participate in federal deportation program, by targeting so called Sanctuary Cities, Districts, states. If a sanctuary city doesn't comply, the federal funding can be cut off. Lawsuits are expected to follow. Some jurisdictions, such as, for example, Miami, already declared that they are abolishing their sanctuary city status.

Executive Order Number 3 immediately (1) Implemented a travel ban from seven designated predominantly Muslim countries for 90 days (Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen); (2) suspended refugee admissions from all countries of the world for 120 days; (3) indefinitely suspended admission for nationals of Syria, and (4) suspends interview waivers at US consulates abroad.

On Monday January 30, 2017, the USCIS has announced that it will put a hold on all applications and petitions benefitting citizens/nationals of the 7 countries (Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen), be they in the US or abroad. That means that a green card holder from one of seven countries cannot be sworn in as a US citizen, or a work permit can't be approved, or a green card application can't be approved -- even if a person was already interviewed, and there are no issues with the person's background and he/she is otherwise eligible for a green card, work permit, visa or US citizenship. Because a person is a "national" of one of the seven countries, his or her application will be placed on hold "until further notice".

The US Department of State had stopped issuing any visas to nationals from the seven enumerated countries: Iran; Iraq; Libya; Somalia; Sudan; Syria; and Yemen.

If you are a national of one of the seven countries, even if you were already issued a visa, you are no longer able to travel to USA on a that visa while this ban remains in place. Effective January 27, 2017, US Department of State had "provisionally revoked" all visas issued to the nationals of seven countries (click here to read the DoS memorandum).

Even if a national of one of the seven countries has a passport from another "unrestricted" country (dual citizenship), he or she will not be allowed to travel to USA while the ban is in place. (Update: on Feb 2, 2017, DOS issued a clarification on dual nationals: "We will continue to issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.")

The executive order also suspends the “interview waiver” program at US consulates abroad. However, ESTA or the Visa Waiver Program is not directly impacted by the new executive order. The “interview waiver” program is a policy whereby some foreign nationals applying for a renewal of a visa abroad are exempt from an in person interview at US consulates since they have been previously screened. By eliminating the interview waiver program, interview wait times at US consulates will likely increase.

The executive order also suspends all refugee admissions for 120 days and indefinitely suspends admission of Syrian refugees for an undefined amount of time. During the 120 days, government agencies are instructed to implement new procedures to help secure the “national interest.”

Upon resumption of the refugee program, the executive order instructs the government to prioritize admission of Christians over other religions, which will result in more lawsuits to follow.

Yes, the executive order still applies to lawful permanent residents. Please keep in mind that the ban was not cancelled but merely modified as it applies to green card holders nationals of one of the seven enumerated countries.

As of result of litigation, on Sunday, January 29, 2017 DHS stated that permanent residents are allowed to board planes and come to the US, but will undergo additional secondary inspection screening upon their entry. The same day DHS issued a statement stating that allowing permanent residents to enter the US on a “case by case basis” is in the “national interest” but that permanent residents will continue to undergo increased interrogation. Even after DHS’ announcement softening how the ban applies to permanent residents, anyone returning from one of the seven designated countries should anticipate increased interrogation, potential detention and long delays when returning from trips abroad.

Please see our previous posts on executive orders on travel ban and about sanctuary cities here.

A draft copy of a 4th unsigned Executive Order entitled “Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Program” was made available at some websites. This Order would impact the H-1B and H-4 EAD programs, provide for site visits to L-1 employers and expand the E-Verify Program. It will change the way the H-1B Lottery is operated, giving preference to "the best and the brightest" applicants with the degree from the US university and higher salary.

A good article about the H-1B visas could be found here.

ADVISORY or GUIDANCE for Lawful Permanent Residents of USA, Dual Citizens, People with Pending Applications, Workers, Students and Visitors to the United States:

If you are from one of the seven countries listed above, do not leave the country unless you do not plan to return to the USA.
If you are a lawful permanent resident (a green card holder) from one of the seven countries, beware that the ban also applies to you. The ban was merely modified by DHS. On 01-29-2017, the DHS clarified that they will allow permanent residents to enter the US on a “case by case basis” is in the “national interest” but that permanent residents will continue to undergo increased interrogation and secondary inspection (therefore, they can be denied re-admission to USA). Read our guidance on what to do if you are being denied admission at the airport and the CBP agent tries to take away your green card.
If you are from a Muslim country, remember that your country also maybe added to the list of the "banned countries" while you are outside of the USA.
If you are a national from one of the seven countries, and have a visa in your passport, your visa was "provisionally revoked" by the US Dept of State effective 01-27-2017, which means your visa was made invalid and you can't travel to USA.
If you are have a pending application/petition for immigration benefits with USCIS and you are from one of the 7 countries, your application will be placed on hold. At this time, this hold is indefinite or "until further notice". It might be possible to file a Petition for a Writ of Mandamus in Federal Court to try to force the government to take action on your pending application/petition.
If you are from a Muslim country which is not on the List of 7, you may want to file your application for immigration benefits now before your country is added to the list of banned countries.
If you are a green card holder, no matter what country you were born in, you may be wish to apply for naturalization as soon as possible in order to assure that you will be able to travel abroad and can always return to your home in USA in the future.
If you are present in the US on temporary visa and wish to extend or change your status, consult an attorney before filing any application.
If you are undocumented, see an immigration attorney to see if there are any possibilities for you to apply for lawful status.
If you plan to sponsor a relative for a green card, do so immediately as the family-based categories may be severely restricted in the future.
If you are on a temporary working visa and wish to apply for a green card, ask your employer to sponsor you now before it's too late.
If you are a dual citizen from one of the seven countries and any other country (except USA), you are not allowed to travel to USA. (Update: on Feb 2, 2017, DOS issued a clarification on dual nationals: "We will continue to issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.")
Even if you are a lawful permanent resident of USA and plan to travel internationally or plan to return to USA after a trip abroad, you should consult an attorney.
The EO also suspends the “interview waiver” program at US consulates abroad. Importantly, ESTA or the Visa Waiver Program is not directly impacted by the new EO. The “interview waiver” program is a policy whereby some foreign nationals applying for a renewal of a visa abroad are exempt from an in person interview at US consulates since they have been previously screened. By eliminating the interview waiver program, interview wait times at US consulates will likely increase.

Executive Order: 90-day Visa Ban and Travel Ban Applies to Dual Citizens, to LPR Permanent Residents

1/29/2017

Full text of January 27 2017 executive order "PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES" can be found here.

Update from DHS 01-29-2017:

STATEMENT BY DEPARTMENT OF HOMELAND SECURITY SECRETARY JOHN KELLY ON THE ENTRY OF LAWFUL PERMANENT RESIDENTS INTO THE UNITED STATES
WASHINGTON – In applying the provisions of the president's executive order, I hereby deem the entry of lawful permanent residents to be in the national interest.
Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.
------------------------------

Updated 01-29-2017: Importantly, however, Lawful Permanent Residents of the United States traveling on a valid I-551 (aka Green Card) will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate. The entry of these individuals, subject to national security checks, is in the national interest. Therefore, we expect swift entry for these individuals.

Read here
https://www.dhs.gov/news/2017/01/29/protecting-nation-foreign-terrorist-entry-united-states
---------------------------------------------

The 90-day visa moratorium and ban on entry to USA extends beyond just citizens of Iraq, Iran, Somalia, Sudan, Syria, Libya and Yemen, the US Dept of State officials said. It also applies to DUAL citizens.

For example, if you are holding an Italian or UK passport, and normally can travel to USA without a visa on a Visa Waiver program, now under the new executive order, you will not be able to travel on your second European passport if you are also a national of one of the seven enumerated nations.

New executive order also applies to lawful permanent residents of the United States.

Please note that even if you have a green card and happen to be a native/national of one of the enumerated counties - stay put and avoid international travel for the next 90 days because you may not be allowed to return home to the US after a trip abroad.

Google said more than 100 employees who were out of the country on vacation or work assignments are subject to the order and afraid they won't be able to return to USA using their green cards or visas.

As per decision of federal judge of January 28, 2017, "there is imminent danger that, absent the stay of removal, there will be substantial and irreparable injury to refugees, visa-holders, and other individuals from nations subject" to Trump's order.

The federal judge ruled in favor of a habeas corpus petition filed by attorneys of two Iraqis.

Text of the habeas corpus petition can be found here.

Exception: The dual-citizenship ban doesn’t apply to U.S. citizens who are also citizens of the seven nations enumerated in executive order, and to holders of diplomatic passports.

“Travelers who have nationality or dual nationality of one of these countries will not be permitted for 90 days to enter the United States or be issued an immigrant or nonimmigrant visa,” a State Department official said. “Those nationals or dual nationals holding valid immigrant or nonimmigrant visas will not be permitted to enter the United States during this period. Visa interviews will generally not be scheduled for nationals of these countries during this period.”

January 29, 2017 DHS Press Release in response to recent litigation regarding the president's executive orders:
"The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people. President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security...
The Department of Homeland Security will comply with judicial orders; faithfully enforce our immigration laws, and implement President Trump’s Executive Orders to ensure that those entering the United States do not pose a threat to our country or the American people."

You can read full text here.

On the same day, January 29, 2017, the CEOs of Google, Twitter, Facebook and Apple all issued statements condemning the ban and complaining that the order was pushed through so quickly it left great uncertainty about the status of some of their best employees.

In Russian:

В соответствии с указом президента от 27 января 2017 запрет на въезд в США на 90 дней распространяется не только на граждан Сирии, Ирака, Ирана, Ливии, Судана и Йемена, НО и на людей с ДВОЙНЫМ ГРАЖДАНСТВОМ.

Например, если у вас есть второе гражданство и паспорт Германии, Англии, Италии, и обычно вам не нужна виза на въезд в США, то по новым правилам вы не сможете въехать в США, т.к. вам будет отказано во въезде на основании того, что у вас есть второе гражданство из одной из стран, названных в указе.

Также запрет распространяется на постоянных жителей США (людей с грин картами), которые являются гражданами или выходцами из стран, названных в указе.

Решение федерельного судьи от 28 января 2017, ограничило применение указа по отношении тех лиц, которые уже въехали в США и находятся в аэропортах, или летят в США на борту самолета. Эта ситуация быстро меняется и ожидаются новые решения федеральных судей по конституционости нового указа.

Посольства и консульства США уже перестали выдавать любые визы гражданам из этих стран, и советуют не приходить на интервью даже если вам было назначено и вы заплатили за визу и интервью, т.к. вам откажут в визе.