President Trump signed an Executive
Order on January 27, 2017, entitled “Protecting the Nation from Terrorist
Attacks by Foreign Nationals." This Executive Order had immediate
effects on people traveling to the United States, but also has a long term impact
on individuals with visas and permanent residence in the United States today.
First, this Order specifically
restricts any and all visa-issuance for individuals from Syria, Iraq, Yemen, Libya,
Sudan and Somalia, and Iran, e.g. “Nationals of Countries
of Particular Concern”. Additional countries could be included at a later date.
What this means is that the USCIS and the Department of State cannot
grant lawful permanent residence, or issue approvals for status changes, or issue
visas to people born in these countries for the duration of
the Executive Order, likely for at least 90 days. In addition, this means
that Customs and Border Protection cannot "admit" anyone into the
United States traveling on an immigrant visa or any type of nonimmigrant visa
for 90 days. The Order does not cancel these visas or these
applications, but suspends
them, initially at least, for 90 days.
Our Advice: Do Not Travel
under any nonimmigrant visa until this Executive Order is issued. Travel from
the U.S. to any other country WILL result in your inability to return if you
were born in one of these seven countries, regardless of what other passport or
nationality you hold. Consult your KIP attorney or paralegal with your questions about
this.
Second, the Executive Order also
halts the resettlement of refugees in the U.S. for 120 days, giving the Trump
Administration time to evaluate the efficacy of the security screening process.
Further, all Syrian refugees are permanently barred from being part of
the refugee program, once the program is restarted.
Our Advice: Have patience with
this hold. We believe it will be lifted in 120 days. Under US
Immigration Law, the President has broad authority in these matters.
There will be many court cases filed in the coming days. Please
note that this ban does NOT affect pending Asylum cases. In specific
matters, Please consult your KIP Attorney or Paralegal.
Third, before travel for immigrant and nonimmigrant visa holders can be
reinstated, the Department of Homeland Security is required to report
whether these named countries have provided information "needed … for the
adjudication of any … benefit under the INA … to determine that the individual
seeking the benefit is who the individual claims to be and is not a security or
public-safety threat." If not, the country would have 60 days to comply,
or the travel ban would become indefinite. Also note that there have been
restrictions in place on people who travel to designated countries, including
these named countries.
Our Advice: Failure of these countries to comply may result in a
permanent ban on visa issuance. For now we have no further details on
this issue.
Fourth, if you are a lawful permanent resident (green card holder)
or a dual citizen of the US and one of these countries, the Trump
Administration and the Department of Homeland Security have both said that you
are to be admitted to the U.S. in "the national interest" as a
blanket waiver of the case by case determination mentioned in the Executive
Order. Even then, we need you to be patient and vigilant. There are reports of
CBP trying to convince Lawful Permanent Residents to sign for an abandonment of
their residence.
Our Advice: For now we
recommend that you refrain from traveling outside of the United States if you
are already here, or try to return to the United States as soon as possible if
they are outside of the country.
Fifth, in recent years some consulates
have been waiving interviews for issuance of visa, from various countries
around the world. This program has been suspended. Everyone who needs a
visa will be required to attend an in-person interview.
Our Advice: Make sure your
travel plans include enough time to obtain the visa prior to returning to the
US, and do not travel if you do not have the necessary time. There will
be lengthy delays in some countries. Consult your KIP attorney or
paralegal prior to traveling.
Sixth, there are rather bizarre and likely
unconstitutional new criteria added to visa and benefits issuance decisions.
These may include a new process to evaluate an applicant's "likelihood to of
becoming a positive contributing member of society" and "their
ability to make contributions to the national interest."
Neither of these criteria exists in the law and cannot but used to
adjudicate benefits like the green card for spouses or employees, or work or
student visa.
Our Advice: Be patient. Kuck
Immigration Partners and our colleagues around the United States will be
actively lobbying and litigating these issues. If you have question or concerns
on the Executive Order affects you or your company, please call us today at
404-816-611.
Seventh, the Trump Administration is going
to complete the "Entry/Exit" control system authorized by Congress in
1996, but never completed.
Our Advice: This will make the US
like every other country in the world that monitors departures from the
country. That said, nothing can be done here without billions of dollars
authorized by Congress, so don't hold your breath for a working system for
several years.
Understandably here are many questions being raised by the Executive
Order, and we will continue to release information and analysis as more details
becomes available. Please feel free to reach out with urgent questions at
ckuck@immigration.net or hghalib@immigration.net or schedule an in-person or skype consultation at
any time by calling 404-816-8611.
Thank you for this info. Are you suggesting all permanent residents, no matter which country they are from, should not travel internationally? A permanent resident from a Latin American country has a vacation to Mexico planned next week. Is the risk great enough that the trip should be cancelled?
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