Trump Administration Issues New Executive Order Restricting Travel for Nationals of Six Designated Countries

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The Trump Administration issued a new Executive Order (EO) on March 6, revoking the January 27 Executive Order banning U.S. entry of nationals from seven countries (see prior news alert here). 
 
The new EO becomes effective March 16 and imposes a "temporary pause" for at least 90 days on visa issuance and other immigration benefits for individuals from the following six countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen. Iraqi citizens are not included in the temporary travel ban under the new EO. 
 
Foreign nationals from one of the six designated countries who are outside the United States:

  • without a valid visa on March 16, may not seek U.S. entry  
  • with a valid visa and appropriate documentation of status, may seek U.S. entry

The new EO does not apply to individuals in the following circumstances even if the traveler is from one of the six countries: 

  • U.S. Green Card holders
  • holders of a valid visa, advance parole document, or other approved travel document, even those with approved travel documents that would have been provisionally revoked under the prior EO
    • note that anyone with a visa specifically marked revoked/cancelled solely on the basis of the prior executive order is entitled to a travel document confirming permission to seek U.S. entry
  • dual citizens of one of the six designated countries, traveling under a passport from a non-designated country

Individuals affected by this temporary prohibition on U.S. entry may apply to the Department of State for a waiver, in conjunction with a visa application, by demonstrating that: 1) his/her entry into the U.S. is in the national interest, 2) s/he does not pose a threat to national security, and 3) denying entry would cause undue hardship. 
 
Please visit the Department of Homeland Security FAQ for further details covering the new EO.
Challenges by several states (Hawaii, California, Maryland, Massachusetts, Minnesota, New York, Oregon, and Washington) to halt the new EO are already underway.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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