NPA Advisor Brendan Delaney Comments on The President’s March 6 Executive Order on Immigration
Tuesday, March 7, 2017
March 7, 2017
The President's (new) Executive Order on Immigration:
On Monday, March 6, 2017 President Trump signed an updated executive order on immigration restricting travel to the United States from citizens of six countries - namely, Iran, Syria, Yemen, Sudan, Somalia & Libya (Iraq has been removed from the list due to their government having agreed to increased cooperation and vetting).
With regards to the new travel ban, here are some points to consider:
- It will go into effect at 12.01 EST on March 16, 2017 and is effective for a 90 day period.
- The ban specifically excludes: green card holders; those with current valid visas; those who had a current visa as of the date of the first executive order, or as of March 6, 2017; dual citizens as long as they do not travel on the passport of one of the six listed countries; asylees, refugees already admitted to the United States, and individuals granted withholding of removal or protection under the Convention Against Torture.
- If you are from one of the six countries affected and are residing in the United States in a validstatus, but you do not have a valid multiple entry visa (i.e., you may have changed status from F-1 to H1B but do not yet have a H-1B stamp in your passport) you should not currently make plans to travel outside to attempt to obtain a new visa in your passport. Further, if you have a valid visa that will expire while you are overseas, you should not make plans to travel.
- This does not affect the current and ongoing status of individuals from the six countries listed who are currently inside the United States in a valid non-immigrant status. Further, those individuals who possessed valid multiple entry visas (as of January 27 or March 6, 2017) can continue to travel. In addition USCIS will continue to adjudicate Applications for Naturalization (Form N-400); and Applications to Register Permanent Residence or Adjust Status (Form I-485) consistent with existing practices.
- If you have a single entry visa, that you used to enter the United States (and you are from one of the six countries listed) you should not travel internationally as you would need to make arrangements to obtain a new visa to return to the United States.
- Individual from countries other than those listed (Iran, Syria, Yemen, Sudan, Somalia & Libya) are eligible to continue to travel, obtain visas and reenter the United States.
- The EO indicates that the Departments of Homeland Security and State, can review individual cases and grant waivers on a case by case basis if a foreign national demonstrates that his or her entry into the United States is in the national interest, will not pose a threat to national security, and that denying entry during the suspension period will cause undue hardship.
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