The Trump Administration has announced a third version of its Travel Ban. The new ban is permanent, not temporary like the previous bans. The list of targeted countries has been changed and the impact for each country is different. Below is an analysis of the impact for each country. The new Travel Ban is effective October 18, 2017. The previous Travel Ban has expired.
The following countries are included in the third version of the Travel Ban: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen
The following countries were subject to the previous travel bans but have now been removed in version three: Iraq, Afghanistan, and Sudan
Chad – Entry 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 suspended.
Iran – Entry of nationals of Iran as immigrants and as nonimmigrants is suspended, except that entry by nationals of Iran under valid student (F and M) and exchange visitor (J) visas is not suspended, although such individuals will be subject to enhanced screening and vetting requirements.
Libya – Entry 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 suspended.
North Korea – Entry of nationals of North Korea as immigrants and nonimmigrants is suspended.
Somalia – Entry of nationals of Somalia as immigrants is suspended, and nonimmigrants traveling to the United States will be subject to enhanced screening and vetting requirements.
Syria – Entry of nationals of Syria as immigrants and nonimmigrants is suspended.
Venezuela – Entry of certain Venezuelan government officials and their immediate family members as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas is suspended.
Yemen – Entry 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 suspended.
The Travel Ban does not apply to the following individuals:
- Lawful Permanent Residents of the U.S. (Green Card holders)
- Any foreign national who had a valid visa on the effective date
- Any national who was in the U.S. on the effective date, regardless of immigration status
- Anyone admitted or paroled into the U.S. after the effective date
- Anyone with a valid entry document other than visa, such as an advance parole document
- Dual nationals presenting a passport from another, non-listed, country
- 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
- Any foreign national who has been granted asylum; 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
The previous exception for “bona fide relationships”, such close family members present in the U.S., has been eliminated. Any foreign national from the targeted countries may apply for a waiver to the ban. Consular Officers will review these applications on a case by case basis.
FordMurray will continue to monitor the Trump Administration’s entry restrictions on nationals from certain countries and will provide additional guidance in future Client Alerts. Feel free to contact FordMurray with any specific questions you have.