On January 31, 2020, President Donald Trump issued his fourth proclamation banning travel to the United States from certain countries. From the time the first travel ban was issued in September 2017, countless people from throughout the world have lost the opportunity to study, live, and work in the United States. This blog post sets out the restrictions, exemptions, and waivers that govern the latest travel ban to inform those who may be impacted.
Please note that the president also issued a proclamation on January 31, 2020 banning the entry of certain individuals who may risk transmitting Coronavirus. While this ban is not discussed below, you can find more information here: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/.
TRAVEL BAN 4.0
Beginning February 21, 2020, the fourth travel ban will come into effect, which will expand the existing ban to include Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. At that point, the following restrictions will be in place:
Eritrea: Entry suspended for immigrants, except as Special Immigrants who have provided assistance to the U.S. government
Kyrgyzstan: Entry suspended for immigrants, except as Special Immigrants who have provided assistance to the U.S. government
Iran: Entry suspended for immigrants and nonimmigrants, except for F visa applicants (students), M visa applicants (vocational students), and J visa applicants (exchange visitors). Although they may be admitted, F, M, and J visa applicants are subject to enhanced screening.
Libya: Entry suspended for immigrants and temporary visitors on B-1/B-2 visas for business or tourism.
Myanmar: Entry suspended for immigrants, except as Special Immigrants who have provided assistance to the U.S. government
Nigeria: Entry suspended for immigrants, except as Special Immigrants who have provided assistance to the U.S. government
North Korea: Entry suspended for all immigrants and nonimmigrants
Somalia: Entry suspended for all immigrants and enhanced screening required for all nonimmigrants
Sudan: Entry suspended for all diversity visa immigrants
Syria: Entry suspended for all immigrants and nonimmigrants
Tanzania: Entry suspended for all diversity visa immigrants
Venezuela: Entry suspended for certain government officials and their family members on B1/B2 temporary visas for business or tourism
Yemen: Entry suspended for all immigrants and for temporary visitors on B-1/B-2 visas for business or tourism
Please note: The word “immigrant” above describes people who intend to live in the United States indefinitely, and the term “nonimmigrant” describes people who intend to come to the United States under a temporary visa status.
Unless an exemption applies or a person is eligible for a waiver, travel restrictions apply to those who are outside of the United States on the effective date of the applicable travel ban, do not have a valid visa on the applicable effective date, and do not apply for reinstatement of a revoked visa or other travel document under Executive Order 13769.
EXEMPTIONS
The following types of people are exempt from the travel bans:
Lawful permanent residents;
Those who are admitted to or paroled into the U.S. on or after the applicable effective date;
Those who have a document other than a visa (e.g., transportation letter, boarding foil, advance parole document) valid on the applicable effective date or issued on any date thereafter;
Dual nationals of a designated country who are traveling on a passport issued by a non-designated country;
Those traveling on a diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G2, G-3, or G-4 visa; or
Those who have been granted asylum in the U.S., refugees who have been
admitted to the U.S.; or individuals who have been granted withholding of removal, advance parole, or protection under the Convention Against Torture.
WAIVERS
A waiver may be granted if a person demonstrates to a U.S. consulate / embassy (in the case of a visa application) or U.S. Customs and Border Protection officer (in the case of an application for entry to the United States), that they meet the following criteria:
Denying entry would cause the person undue hardship;
The person’s entry would not pose a threat to the national security or public safety of the U.S.; and
The person’s entry would be in the national interest
CONCLUSION
In practice, waivers have been granted sparingly, and it is advisable to seek legal counsel in applying for a waiver. Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that anyone schedule a consultation with an immigration attorney who is experienced in helping people in their situation. The information provided here is only intended as general information and is not a substitute for legal advice.
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