Specializing in EB-5 Visas
for permanent U.S. residency for foreign investors
January 30, 2017
On Friday, January 27th, 2017, President Trump issued an executive order which has implemented an immediately effective travel ban on citizens of the following seven designated countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for a period of ninety (90) days. This includes Legal Permanent Residents (LPRs), nonimmigrant visa holders, immigrant visa holders, refugees, derivative asylees, and Special Immigrant Visas (SIVs). Please note that the travel ban will not be immediately terminated after ninety (90) days and is subject to extension.
The travel ban applies to dual citizens/nationals who hold a passport from one of the designated countries, or persons born in one of the designated countries even if they hold a different passport to a non-designated country. The ban does not apply to persons who are not citizens of a designated country, and have merely visited the countries listed on the travel ban. However, the U.S. government has warned that travel to designated countries may cause officers at the U.S. border or airport to ask additional questions to persons visiting the U.S. or returning to the U.S. for work on a temporary work visa.
Since the ban was implemented on Friday, a number of travelers from the designated countries, including some LPRs, have been stopped in U.S. airports when trying to enter the United States. Most LPRs and some travelers have been allowed to enter the U.S. after being stopped at the airport.
The White House has made public statements clarifying that the travel ban should not be applied to LPRs (Green Card holders). Nevertheless, anecdotal reports indicate that LPRs are being stopped at the border or airport for added scrutiny by U.S. Customs and Border Protection agents, based on their discretion in enforcing this part of the ban.
If you are an LPR and you hold citizenship to one of the seven designated countries, please be advised that you may still be subject to detention at the border or airport if you try to enter the United States while the ban is in effect.
The U.S. Department of State has also confirmed that non-immigrant and immigrant visa interviews and visa issuances will be immediately suspended for citizens of the seven designated countries for a period of ninety (90) days. The Department of State has confirmed that the suspension of entry does not apply to those foreign nationals traveling on A-1, A-2, G-1, G-2, G-3, G-4, NATO, C-2 or diplomatic type visas, or to issuance of visas in those categories.
Please note that the travel ban is subject to change without notice. If you believe that you may be subject to the travel ban and you are currently in the United States, we advise that you do not travel internationally while the ban is in effect. If you are currently outside the United States and planning on returning in the near future and believe you are subject to the travel ban, please contact our office to discuss your specific situation and travel plans.
Please feel free to contact our office at (301) 276-0653 if you are unsure if your status is affected by the ban, or if you require assistance.
I.A. Donoso & Associates will continue to monitor this situation and will update our website with any important updates from U.S. government agencies.
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