Trump’s New Travel Ban

On September 24, 2017, the Trump administration imposed new travel restrictions on foreign nationals seeking to enter the United States from eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Starting October 18, 2017, the travel ban  applies to individuals of the designated countries who: (1) are outside the U.S. on the applicable effective date ; (ii) do not have a valid visa on the applicable effective date; and (iii) do not qualify for a reinstated visa or other travel document that was revoked under the President’s earlier travel ban.

Although the new travel ban goes into effect on October 18, 2017,  the ban is effective immediately for anyone whose entry to the U.S. was covered by the previous travel ban  (i.e., nationals of Iran, Libya, Somalia, Syria and Yemen who do not have a bona fide relationship with a person or entity in the United States). After October 18, 2017, citizens of Iran, Libya, Somalia, Syria, and Yemen are NOT exempt from the new travel ban even if they have a “bona fide relationship” with a U.S. person or entity.

The new travel ban does not apply to:

  • lawful permanent residents of the U.S.
  • individuals admitted to or paroled into the U.S.
  • those with a document other than a visa that allows them to travel to the U.S. if the document is dated on/after the effective date of the new travel ban (such as an advance parole travel document)
  • dual-nationals traveling on a passport from a non-designated country
  • individuals traveling on diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G-2, G-3 or G-4 visas
  • individuals granted asylum
  • refugees already admitted to the United States, or
  • individuals granted withholding of removal, advance parole, or protection under the Convention Against Torture.

A  waiver is available if an individual can show that being denied entry would cause undue hardship to the individual, that their entry would not pose a threat to U.S. national security or public safety and that their entry “would be in the national interest.”

The new country-specific travel bans are indefinite.

If you are national of any of these restricted countries, consult with a qualified immigration attorney before making any travel plans.

 

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