New Travel Executive Order Effective March 16, 2017

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Presentation transcript:

New Travel Executive Order Effective March 16, 2017 Presented by: Rose Mary Valencia, Executive Director

Effective Date and Time of New Order March 16, 2017 12:01 a.m. Eastern Standard Time 

Who is Subject The new EO removes Iraq from the list of designated countries, leaving Syria, Iran, Libya, Somalia, Sudan and Yemen. Nationals of these six remaining countries will be barred from entering the U.S. for at least the next 90 days if: They are outside the U.S. on or after March 16, 2017 at 12:01 a.m. EST, and They did not obtain a valid visa stamp by January 27, 2017 at 5:00 p.m. EST (or their visa stamp obtained by January 27, 2017 has since expired.)

Who Is Not Subject The EO does not apply to the following groups of people from the designated countries: Lawful Permanent Residents (LPR's or green-card holders); Holders of travel documents other than visa stamps, e.g., Advance Parole; Dual Nationals that travel under the passport of the non-designated country; Anyone already granted asylum, withholding of removal, any protection under the Convention against Torture, or any refugee already admitted to the U.S.; and Diplomats, employees of foreign governments, and United Nations employees and their dependents.

Who is Eligible for a Waiver? Individuals from the six designated countries remain subject to the travel suspension and are now eligible for (but not guaranteed to get) "case-by- case waivers": An employee or student (or someone with significant contacts or business/professional obligations in the U.S.) that has previously been admitted but was temporarily out of the U.S.; and seeks to reenter to resume his or her work, study or other lawful activity; Those that seek to visit or reside with a close family member who is a US Citizen or lawfully admitted foreign national; Infants, children, and adoptees; or individuals needing urgent medical care; Former employees of the U.S. Government and their dependents; or Landed Canadian immigrants applying for U.S. visas in Canada.

Are USCIS Petitions/Applications Pending with USCIS Affected? Executive Order addresses the suspension of "entry" of travelers into the U.S. No information has been provided from USCIS that they will halt processing of work permit, change of status and other petitions/applications pending here in the U.S. for nationals of the six countries.

Will Valid Visa Stamps be Revoked? The new Executive Order will not automatically cancel valid visa stamps; however, it is important to remember that visa stamps may be revoked for other reasons (e.g. driving while under the influence, fraud, etc.) According to the new Executive Order, visa stamps that were revoked due to the prior EO, the U.S. will issue a new travel document allowing individuals to seek entry into the U.S. Please remember that a visa stamp allows a person to seek entry into the U.S.; however, U.S. Customs and Border Protection have final decision on admission.

Visa Interview Waiver Program Remains Cancelled The new Executive Order confirms that most applicants for visa stamps worldwide must go through the interview process.

U.S. Refugee Admissions Program The new Executive Order suspends decisions on all refugee applications from all countries for at least 120 days after the effective date (the prior EO suspended only refugee applications from Syria).

Guidance and/or Recommendation It is highly recommended that nationals of the six designated countries (Syria, Iran, Libya, Somalia, Sudan and Yemen) whose visa stamps were issued after January 27 not travel outside of the United States; or if already abroad, return to the United States before March 16. Those nationals who do have valid visas issued by January 27 at 5:00 p.m. EST, along with LPR's, dual nationals and other travelers specifically exempted from the travel suspension should still expect higher scrutiny when entering the U.S. Unless the need is urgent, we also recommend not travelling for these categories of travelers.