On March 6, 2017, President Trump signed a new Executive Order (EO) — replacing the previous Executive Order of January 27, 2017 which had imposed a travel ban on seven (7) designated countries. The new EO imposes a 90-day suspension of entry to the United States of nationals of Sudan, Syria, Iran, Libya, Somalia, and Yemen who (i) are outside the United States on the effective date of the EO; (ii) did not have a valid visa as of 5:00 EST on January 27th, 2017; and (iii) do not currently have a valid visa on the effective date of the EO. Thus, any individual who had a valid visa on January 27, 2017 (prior to 5:00 PM) or holds a valid visa on the effective date of the EO (March 16, 2017) is not barred from seeking entry.
The EO does not apply to (i) lawful permanent residents of the United States; (ii) foreign nationals admitted or paroled into the United States after the effective date of the EO; (iii) foreign nationals with a document that is valid on the effective date of the EO or any date thereafter which permits travel to the United States, such as an Advance Parole document; (iv) dual nationals when travelling on a passport issued by a non-designated country; (v) foreign nationals traveling on diplomatic, NATO, C-2 for travel to the United Nations, or G-1, G-2, G-3, or G-4 visas; or (vi) foreign nationals already granted asylum or refugee status in the United States before the effective date of the EO.
In addition, the EO suspends refugee resettlement to the U.S. for 120 days and suspends the Visa Interview Waiver Program indefinitely.
The Department of Homeland Security has posted a Q&A: Protecting the Nation From Foreign Terrorist Entry To the United States with respect to the Executive Order.
If you have any questions in connection with any of the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.