0. Executive Order of January 27, 2017: “Protecting the Nation from Foreign Terrorist Entry Into the United States”
MSU
February 1, 2017

1. Key Components of the Order
Entry Ban: Foreign nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen banned from entry to the U.S. for 90 days, through April 27, 2017
Suspension of nonimmigrant visa interview waiver program

2. Entry Ban – Who is Affected:
All individuals “from” Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen
Includes legal permanent residents, nonimmigrant visa holders, immigrant visa holders, refugees, derivative asylees, special immigrant visa holders. Anyone holding a passport from one of the listed countries is considered to be “from” the designated country
Includes those with dual citizenship in another country
Clarification: admission based on passport
Does not include those that have merely traveled to one of the designated countries

3. Entry Ban - Duration
Entry banned for covered foreign nationals for 90 days, or through April 27, 2017
Authority to extend
Authority to add other countries

4. Entry Ban - Exemptions
The EO includes discretion to allow entry to a foreign national if in the national interest
“National interest” not defined
Secretary of DHS has stated that entry of LPRs (green card holders) is considered to be of national interest
Barring a security concern or derogatory information, LPR will be permitted entry
Recommended: carry copy of Secretary Kelly’s statement: secretary-john-kelly-entry-lawful-permanent-residents- united-states

5. Entry Ban - Enforcement
Airlines control boarding of aircraft
LPRs are being permitted boarding
Foreign nationals with valid visas not allowed to board aircraft
CBP final authority on entry to the US
Reports of inconsistency
Admission today does not guarantee admission tomorrow
Detroit POE admitting Canadian citizens born in one of the designated countries
LPRs questioned more extensively, but permitted entry
Regarding citizenship, origin, worldwide residences and residence history, immigration history, travel history, siblings and their locations, parents and their locations, and employment history

6. Entry Ban - Recommendations
Citizens or nationals of one of the designated countries lawfully present in the U.S. should avoid all international travel
Foreign nationals born in one of the designated countries but holding citizenship in a different country
Possession of a valid nonimmigrant visa (i.e. H-1B) is not an exemption to ban
Foreign nationals born in one of the designated countries and residing in Canada should exercise extreme caution when seeking entry to the U.S.
Prepare for lengthy questioning at POE
Prepare for refusal of entry without notice
Nonimmigrants refused entry under the ban should request to withdraw the application for admission or face “expedited removal”
LPRs seeking entry should expect extensive questioning by CBP and prepare for delays

7. Visa Interview Waiver
Executive Order immediately suspends the nonimmigrant visa interview waiver program in place at most U.S. consular offices
All visa applicants must appear for in person interview
Expect longer wait times for visa appointments and application processing
Plan on the visa process as a whole to take longer when scheduling assignment start dates
Employees applying for new visas should plan for longer processing times and extended travel
Likely increase in Administrative Processing requests
Visa revocation upon departure for nationals of affected countries

8. USCIS Adjudications
USCIS adjudicators have allegedly stopped working on cases filed by (and presumably on behalf of) foreign nationals subject to the Executive Order
Interviews continue, but naturalization, adjustment or other immigration benefit applications are on hold pending further guidance
Awaiting confirmation

9. Thank you Alexandra V. LaCombe Managing Partner and Attorney
Fragomen, Del Rey, Bernsen & Loewy
50 W. Big Beaver Road
Suite 200
Troy, MI 48084
(248)