September 27, 2017

President Trump Enacts New Travel Ban, Extends to Chad, North Korea, and Venezuela

President Trump signed a proclamation on September 24, 2017, expanding travel restrictions to three new countries: Chad, North Korea, and Venezuela. Some travel restrictions and/or enhanced screening remain in place for citizens of Iran, Iraq, Libya, Somalia, Syria, and Yemen. Travel restrictions for nationals of Sudan have been lifted. Under the proclamation, restrictions vary from country to country. The new travel ban suspends entry to the U.S. by the following nationals:

Chad: Immigrants and temporary visitors on business or tourist visas (B-1/B-2)

North Korea: All immigrants and nonimmigrants

Venezuela: Certain government officials and their immediate family members on business or tourist visas (B-1/B-2); Other visa holders will be subject to additional security measures

Iran: Immigrants and nonimmigrants

EXCEPT: F (student), M (vocational student), and J (exchange visitor) visas are permitted but will be subject to enhanced screening and vetting requirements

Libya: Immigrants and temporary visitors on business or tourist visas (B-1/B-2)

Somalia: Immigrants; Requires enhanced screening and vetting of all nonimmigrants

Syria: All immigrants and nonimmigrants

Yemen: Immigrants and temporary visitors on business or tourist visas (B-1/B-2)

Iraq: Requires enhanced screening of all foreign nationals seeking to enter the United States

The new travel ban will be effective immediately for 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. For all other foreign nationals subject to restrictions, the travel ban will be effective starting October 18, 2017.

Nationals of the designated countries will be subject to the restrictions if they are outside of the U.S. on the applicable effective date, do not have a valid visa on the applicable effective date, and do not qualify for a reinstated visa or travel document that was revoked under the first travel ban (Executive Order 13769).

The travel ban will not apply to: lawful permanent residents; individuals admitted to or paroled into the U.S. on or after the effective date of the new travel ban; 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 (i.e. advance parole travel document); dual-nationals traveling on a passport from a non-designated country; individuals traveling on diplomatic visas (NATO, C-2, 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 case-by-case waiver is available if a national from a designated country demonstrates: 1) that being denied entry would cause undue hardship to the individual, 2) that their entry would not pose a threat to U.S. national security or public safety, and 3) that their entry will be in the national interest. Finally, there is no automatic expiration for the new travel ban and the restrictions will be in place until the Secretary of Homeland Security recommends termination or modification.

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