Trump’s Travel Ban 3.0. – Will it Hold?

As President Trump signs his 3rd Travel Ban, it will be interesting to see how long it will take to get struck down.

By Chris M. Ingram, LL.M., ESQ

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Under this Travel Ban 3.0., the White House is saying that the reason for implementation are not just terrorist related but now, in part due to allegedly poor background check standards by these countries. Moreover, the Travel Ban does not entirely ban everyone in the same way, so here is the break down.

Ok, so what I’ve done here is taken direct extracts from the actual Executive Order. If you are affected in any way – you will need a personal consultation. Please let us know and we’ll be happy to discuss this matter with you. Call 760 754 7000 to set up a consultation.

Chad

“The entry into the United States of nationals of Chad, as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is hereby suspended.”

Iran

“The entry into the United States of nationals of Iran as immigrants and as nonimmigrants is hereby suspended, except that entry by such nationals under valid student (F and M) and exchange visitor (J) visas is not suspended, although such individuals should be subject to enhanced screening and vetting requirements”

Libya

“The entry into the United States of nationals of Libya, as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is hereby suspended

North Korea

The entry into the United States of nationals of North Korea as immigrants and nonimmigrants is hereby suspended.

Syria

The entry into the United States of nationals of Syria as immigrants and nonimmigrants is hereby suspended.

Venezuela

Notwithstanding section 3(b)(v) of this proclamation, the entry into the United States of officials of government agencies of Venezuela involved in screening and vetting procedures — including the Ministry of the Popular Power for Interior, Justice and Peace; the Administrative Service of Identification, Migration and Immigration; the Scientific, Penal and Criminal Investigation Service Corps; the Bolivarian National Intelligence Service; and the Ministry of the Popular Power for Foreign Relations — and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is hereby suspended.  Further, nationals of Venezuela who are visa holders should be subject to appropriate additional measures to ensure traveler information remains current.

Yemen

The entry into the United States of nationals of Yemen as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is hereby suspended.

Somalia

The entry into the United States of nationals of Somalia as immigrants is hereby suspended.  Additionally, visa adjudications for nationals of Somalia and decisions regarding their entry as nonimmigrants should be subject to additional scrutiny to determine if applicants are connected to terrorist organizations or otherwise pose a threat to the national security or public safety of the United States.

Exceptions Applies to: –

(i)    are outside the United States on the applicable effective date under section 7 of this proclamation;

(ii)   do not have a valid visa on the applicable effective date under section 7 of this proclamation; and

(iii)  do not qualify for a visa or other valid travel document under section 6(d) of this proclamation.

(b)  Exceptions.  The suspension of entry pursuant to section 2 of this proclamation shall not apply to:

(i)    any lawful permanent resident of the United States;

(ii)   any foreign national who is admitted to or paroled into the United States on or after the applicable effective date under section 7 of this proclamation;

(iii)  any foreign national who has a document other than a visa — such as a transportation letter, an appropriate boarding foil, or an advance parole document — valid on the applicable effective date under section 7 of this proclamation or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission;

(iv)   any dual national of a country designated under section 2 of this proclamation when the individual is traveling on a passport issued by a non-designated country;

(v)    any foreign national traveling on a diplomatic or diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; or

(vi)   any foreign national who has been granted asylum by the United States; any refugee who has already been admitted to the United States; or any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Waivers

……..may, in their discretion, grant waivers on a case-by-case basis to permit the entry of foreign nationals for whom entry is otherwise suspended or limited if such foreign nationals demonstrate that waivers would be appropriate and consistent with subsections (i) through (iv) of this subsection.  The Secretary of State and the Secretary of Homeland Security shall coordinate to adopt guidance addressing the circumstances in which waivers may be appropriate for foreign nationals seeking entry as immigrants or nonimmigrants.

(i)    A waiver may be granted only if a foreign national demonstrates to the consular officer’s or CBP official’s satisfaction that:

(A)  denying entry would cause the foreign national undue hardship;

(B)  entry would not pose a threat to the national security or public safety of the United States; and

(C)  entry would be in the national interest.

Immigration Law Offices of Chris M. Ingram

US Immigration Law Offices of Chris M. Ingram
Chris M. Ingram LL.M., ESQ – Immigration Attorney
Admitted in New York.
Practice Specializing in US Immigration Law
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Santa Monica,
California 90401
Tel: 310 496 4292

Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

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