February 06, 2020

President Trump Adds Six Countries to the “Travel Ban 3.0” List

On January 31, 2020, President Trump signed a proclamation, expanding travel restrictions to six additional countries: Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan and Tanzania. The travel restrictions will become effective on February 21, 2020 and will apply to citizens of those countries who are outside the U.S. on that date and do not have a valid visa. A waiver of the restriction may be available on a case by case basis. Some travel restrictions and/or enhanced screening procedures remain in place for citizens of Iran, Libya, Somalia, Syria, Yemen, North Korea, and Venezuela. Below is a list of the countries currently subject to the “travel ban,” with the addition of the six countries who will become subject on February 21, 2020, and more specific information on each:

Currently Subject:

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)

Subject as of February 21, 2020

Eritrea: All immigrants, except as Special Immigrants who have provided assistance to the U.S. government

Kyrgyzstan: All immigrants, except as Special Immigrants who have provided assistance to the U.S. government

Myanmar: All immigrants, except as Special Immigrants who have provided assistance to the U.S. government

Nigeria: All immigrants, except as Special Immigrants who have provided assistance to the U.S. government

Sudan: Diversity Visa immigrants

Tanzania: Diversity Visa immigrants

The existing travel ban and expanded list of countries does not apply to: lawful permanent residents; individuals admitted to or paroled into the U.S. on or after the effective date; 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 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 travel ban and the restrictions will be in place until the Secretary of Homeland Security recommends termination or modification.

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