Travel Ban 2.0 Goes into Effect Today
On June 27, 2017, the U.S. Supreme Court ruled that certain aspects of the Trump Administration’s travel ban would take effect. Oral arguments on the travel ban will be heard by the court in October 2017. Thus, it is likely that there will be no decision on the ultimate fate of the travel ban until December 2017, well after the 90-day and 120-day effective periods of the ban should be over.
Here are some important points to note:
1 – This decision is about “Travel Ban 2.0” – specifically, the executive order that was signed by President Trump on March 6, 2017. The order affects nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen for a period of 90 days; and it also suspends the refugee program for a period of 120 days. It does NOT affect nationals from Iraq.
2 – For nationals from the 6 banned countries, the travel ban will be enforced starting today (June 27, 2017 at 8:00 p.m. EST) against any person who is outside the United States; who does not currently have a valid U.S. visa; and who does not qualify for a waiver or fall under one of the ban’s exemptions.
3 – There are exemptions from the travel ban for the following nationals from the 6 banned countries:
- Persons who can demonstrate “close” family ties or business ties in the United States.
- Close family ties include parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law, or sibling already in the United States. (Please note that grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiancees, or other extended family members are NOT considered “close” relationships.)
- Close business ties must be formal, documented and formed in the ordinary course (and not for purposes of evading the travel ban). This appears to allow workers with U.S. contracts, students, and journalists to continue obtaining visas to enter the United States.
- Persons to which Travel Ban 2.0 did not apply, including:
- Legal permanent residents,
- Dual nationals who have citizenship of one of the 6 banned countries but will use a passport from another country, and
- Those who have been granted asylum or refugee status in the U.S.
4 – Foreign nationals from the 6 banned countries may be able to obtain a waiver from the travel ban if they can demonstrate that denial of entry to the United States would cause undue hardship, that their entry is in the national interest, and that they do not pose a threat to national security.
We will provide additional guidance as more information about the travel ban becomes available. Please contact Abbas Law PLLC if you have any questions or concerns regarding your U.S. immigration status and/or petitions for U.S. immigration benefits.
