November 20, 2024
Travel Advisory
This advisory is meant for any foreign national considering travel and visa stamping outside of the U.S. in the coming months. If this does not apply to your situation, you may disregard it.
Understandably, after the November election, foreign nationals in the U.S. are left with a lot of questions and concerns about what the results will mean to their immigration status or visa. A main concern is the risk of international travel under the new administration. We cannot forecast for certain how the immigration policies of the incoming administration will be reshaped. We can, however, make predictions based on the previous Trump administration and the statements made during President-elect Trump’s latest campaign.
To recall, in 2017, an executive order was signed, banning the issuance of visas and entry to the U.S. to those who were born in or are citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The travel ban and visa restrictions were then expanded to include nationals of North Korea, Venezuela, Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan and Tanzania. The President-elect has expressly stated that he will bring back the travel ban, and so it may be prudent for any nationals of the countries mentioned above who are currently in the US (on a nonimmigrant visa/status or in the process of applying for one) to refrain from making trips abroad after the inauguration on January 20, 2025. If we are to be extremely cautious, knowing that the President-elect has signaled possibly expanding the list of countries under this list, citizens or nationals of predominantly Muslim countries should carefully reconsider non-emergent travel under the next Trump administration.
Also to be expected are more intensive security screening and slower visa processing in U.S. consulates all over the world. As a reminder, a visa has a specific meaning in immigration terminology and refers to the foil sealed into a passport at a U.S. consulate or embassy, to allow a foreign national to seek entry to the U.S. in a specific category. Visa applicants (both immigrant and nonimmigrant) who have interviews scheduled or who intend to schedule one in any U.S. consulate after January 2025, may expect delays and should plan to be away from the U.S. for an extended period.
In the immediate aftermath of the 2017 travel ban, many permanent residents and valid visa holders coming from the above-enumerated countries were initially prevented from entering the U.S. in airports all over the country because of the lack of clear guidelines. In the end, U.S. permanent residents were eventually admitted back to the U.S. Also, the previous travel ban did 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 allowed them to travel to the U.S. if the document was 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.
Bear in mind, if possible but especially when traveling, foreign nationals should keep travel documents (passports, green cards and visa stamps/foils) handy and valid.
Here’s how to prepare for a likely travel ban:
- Refrain from travel after January 20, 2025: nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen, North Korea, Venezuela, Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan and Tanzania (on a nonimmigrant visa/status or in the process of applying for one).
- Avoid non-emergent travel after January 20, 2025: all citizens or nationals of predominantly Muslim countries.
- Schedule visa interviews prior to January 2025 (if possible): all visa applicants (immigrant or nonimmigrant).
- Refrain from rescheduling interviews set before January 20, 2025: all visa applicants (immigrant or nonimmigrant).
- Plan to be away from the US for an extended period: all visa applicants (immigrant or nonimmigrant).
- Keep travel documents handy and valid, if possible but especially when traveling.
Our firm will continue to stand with our American Immigration Lawyers Association colleagues for “policies that promote a fair and just immigration system, one which reflects the values upon which our country was founded.” Our office is open to answer all your questions and assist you as we navigate the immigration challenges that lie ahead.