On February 2, 2017, the State Department issued an announcement stating that the Executive Order does not restrict the travel of dual nationals from any country with a valid U.S. visa in a passport of an unrestricted country. Consulates will continue to process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.
As a result of the Court Order entered by the District Court in Massachusetts suspending the implementation of the Executive Order in Boston, Lufthansa Airlines posted an announcement stating that it would board all passengers with flights to Boston with valid travel documents until February 5, 2017.
On February 1, 2017, White House Counsel Donald F. McGhan II issued a memorandum which clarified that the Executive Order banning nationals of seven restricted countries does not apply to Lawful Permanent Residents of the United States.
The National Visa Center announced that it cancelled all scheduled immigrant visa interviews for those applicants scheduled in February 2017. This includes all immigrant visas categories, including family-based, employment-based and K-1 fiancé visas.
During the week of January 30, 2017, false information had been circulating in the media and on immigration listservs stating that additional countries were being added to the restricted countries list. The Department of State confirmed that currently there are no additional countries being added to the list of restricted countries.
The Department of State has confirmed that those applicants who are under the age of 14 and over the age of 79 are still eligible for a waiver of the in-person visa interview requirement. Moreover, any applicant who is reapplying for a visa within 12 months from the issuance of a previous visa in the same classification and at the same post, also continues to be eligible for a waiver of the in-person interview requirement. However, this may vary or changed from post to post.
On January 31, 2017, the U.S. Department of Homeland Security issued a Fact Sheet which clarified that travelers presenting passports from one of the restricted countries, who also possesses a passport from an unrestricted country, would not be subject to the ban. This was a reversal from the Executive Order, as initially implemented by many U.S. Customs and Border Protection ("CBP") ports which banned dual citizens who held two passports. Possession of the restricted passport was considered as being "from" one of the restricted countries notwithstanding possession of an unrestricted passport.
The Department of State released a directive, dated January 27, 2017, which provisionally revoked all valid nonimmigrant and immigrant visas for nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen, with the exception of certain diplomatic visas, based on President Trump's Executive Order signed on the same date.
On 1/27/17, President Trump issued an Executive Order (EO) suspending immigrant and nonimmigrant entry to the U.S. of individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen ("affected countries") for at least 90 days. The implementation of the EO has an immediate impact on certain travelers to the U.S., including U.S. citizens, Lawful Permanent Residents (a/k/a green card holders) and nonimmigrants. Certain travelers, who are not nationals of the affected countries, may still be indirectly impacted by the EO. As a result, it is critical to seek legal counsel prior to travel. The following guidelines are suggested for those contemplating travel outside the U.S.
The following groups are directly impacted by the travel ban to the U.S. and should seek legal counsel:
The following groups of individuals should exercise caution if they travel as they may be subject to increased scrutiny and questioning upon return to the U.S.:
Lawful Permanent Residents should NOT sign the Form I-407, Record of Abandonment of Lawful Permanent Resident Status
© 2020 Masuda, Funai, Eifert & Mitchell, Ltd. All rights reserved. 本書は、特定の事実や状況に関する法務アドバイスまたは法的見解に代わるものではありません。本書に含まれる内容は、情報の提供を目的としたものです。かかる情報を利用なさる場合は、弁護士にご相談の上、アドバイスに従ってください。本書は、広告物とみなされることもあります。