Updates On Travel Ban By Executive Order Dated 1/27/2017

In response to rumors of plans to expand the travel ban to other countries, Department Of State (DOS) informed AILA (American Immigration Lawyers’ Association) that there is no addendum, annex, or amendment now being worked on to expand visa revocations or the travel ban to countries other than those currently implicated in the Executive Order entitled, “Protecting the Nation From Foreign Terrorist Entry into the United States.” This includes Colombia and Venezuela which have been widely rumored to be under consideration. DOS confirmed that there is no information that supports such a rumor and asked that AILA members help end the spread of this false information.

On January 27, 2017, President Trump signed an Executive Order (EO):

“Protecting the Nation from Foreign Terrorist Entry into the United States.” For more information on this and other anticipated or signed Executive Actions, please see AILA’s website, Immigration 2017 – A New President and Congress. Though the EO covers a number of issues and topics, this document focuses only on the implementation of the travel and entry ban for foreign nationals from the seven affected countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) and the suspension of the refugee program. This document will be updated on an ongoing basis as new information is obtained, as noted by the date above. However, interpretations and implementation remain fluid and are subject to change. Please also note that litigation is pending or in process in multiple jurisdictions around the country that may affect individual clients. For more information, please see the American Immigration Council Practice Advisory, Challenging President Trump’s Ban on Entry, which offers resources and practice tips for attorneys with affected clients, and outlines legal challenges that have been filed to date. Click on the following links for additional information:

Nonimmigrants:

EO imposes a 90 day suspension on the entry into the United States of immigrants and nonimmigrants from the seven designated countries, excluding those traveling on diplomatic visas, NATO visas, U.N. transit visas, and international organization visas.

Immigrants:

EO imposes a 90 day suspension on the entry into the United States of “immigrants” from the seven designated countries. On February 1, 2017, DHS confirmed that the travel ban does not apply to LPRs. In order to be exempted from the travel ban, the person must already have been admitted to the U.S. as an LPR (or have adjusted status), as immigrant visas that have not yet been used to enter the U.S. appear to have been provisionally revoked.

Lawful Permanent Residents (LPRs):

EO imposes a 90 day suspension on the entry into the United States of immigrants and nonimmigrants from the seven designated countries, excluding those traveling on diplomatic visas, NATO visas, U.N. transit visas, and international organization visas. While LPRs were originally included in the ban, DHS issued guidance on January 29, 2017 deeming “the entry of lawful permanent residents to be in the national interest” and thus, “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 [DHS] case-by-case determinations.” On February 1, 2017, DHS and the White House clarified in FAQs posted to the CBP website that the EO does not apply to the entry of LPRs, so a waiver (or exemption) will not be necessary. As a result, LPRs from restricted countries should generally be allowed to board airplanes and enter the United States.

Special Immigrant Visas:

“[t]he entry of Iraqi nationals with a valid Special Immigrant Visa (SIV) to the United States is deemed to be in the national interest and such individuals can apply for admission to the United States. Iraqi nationals can also apply to a consular officer for Special Immigrant Visas, and, if otherwise qualified, can be issued a Special Immigrant Visa.” This information was reportedly confirmed in a DOS cable issued to Posts on Tuesday, January 31, 2017.

Refugees

EO suspends the U.S. Refugee Admissions Program (USRAP) for 120 days and suspends the entry of all Syrian refugees indefinitely, until the President determines their admission would be in the national interest. DHS has stated that during the 120 days, it will “review screening procedures to ensure refugees admitted in the future do not pose a security risk” to the United States. • Refugees in Transit. The exception for refugees that are currently “in transit” found in Section 5(e) of the EO does not apply to people from the designated countries. CBP FAQs state that (as of 2/2/17), there are 872 refugees who are considered to be in transit and scheduled to arrive in the U.S. the week of January 30, 2017. DOS and DHS will coordinate and process these individuals “consistent with the terms of the Executive Order, which we’ve operationalized by assessing each traveler on a case-by-case basis.

Individuals who might be affected by the Executive Order titled “Protecting the Nation from Foreign Terrorist Entry Into the United States” should refrain from traveling outside of the United States if they are already here.

Lufthansa Airlines Alert on 02/03/2017:

The United States Government has introduced a travel ban to the USA with immediate effect. Admission will be refused to visitors with a passport issued by 7 countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen – and holding a valid immigrant or non-immigrant visa for the US.

This travel ban does not apply to:

• Lawful Permanent Residents (Green Card holders) of the USA who also hold a passport issued by one of the 7 aforementioned countries
• Dual Nationals, holding and traveling with a valid passport issued by USA as well as a passport issued by one of the 7 aforementioned countries
• Dual Nationals holding and traveling with a valid passport issued by a third country as well as a passport issued by one of the 7 aforementioned countries
• Passengers with diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations and G-1 ,G-2 ,G-3 ,and G-4 visas

Affected passengers can request one free-of-charge rebooking or refund via the Lufthansa Service Center at +49 (0) 69-86-799-799 or one of our local Lufthansa phone numbers.

For further information please refer to the website of the US Authorities.