President Donald Trump has issued 3 Executive Orders that affect Immigration Law. This memo addresses travel issues that have arisen from the Executive Order signed on January 27, 2017, “Protecting the Nation from Foreign Terrorist Entry into the United States.”
The Executive Order has the effect of stopping all refugees coming to the United States for 120 days, stopping Syrian refugees from entering the United States indefinitely, and stopping persons from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for at least 90 days from January 27, 2017.
The following travel advisories remain in effect until further notice is given:
Citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen:
If you are a nonimmigrant from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, it is advised that you do not leave the United States, since you will not be allowed to return. If you are a green card holder from one of these countries, you are advised not to travel, even though the Department of Homeland Security has exempted green card holders from the ban. There have been reports of Legal Permanent Residents encountering difficulties at the port of entry into the U.S. If you are a U.S. Citizen from any of these countries, you should not be denied admission to the United States if you leave.
Nonimmigrants and Immigrants from Predominantly Muslim Countries:
If you are from a predominately Muslim country, it is advised that you do not leave the United States, since other countries may be added to the list of banned countries in a future executive order.
Nonimmigrants of Countries not included in the Ban:
Nonimmigrants who do not have valid visa stamped in Passport:
If you are planning to travel outside of the United States, and you do not have a valid visa stamped in your passport, we advise you not to travel, because each visa applicant is now required to be personally interviewed. This is because the Visa Interview Waiver program, which allowed a qualifying nonimmigrant visa holder to apply for a visa without attending an interview, is being cancelled. Therefore there is a delay in getting a visa appointment. Also, you may be required, in a visa interview, to present a cumbersome number of documents. This can result in very lengthy delays, and may lead to a denial of a visa. As such, do not travel if you do not have a valid visa stamped in your passport.
Nonimmigrants with valid visa stamped in Passport:
If you are a nonimmigrant who is not a citizen of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, and you are outside the United States, and you have a valid visa stamped in your passport, you will be allowed to travel to the United States and gain admission to the United States, given there are no other negative factors involved in your particular, individual circumstance.
If you are planning to travel outside the United States, and you have a valid visa stamped in your passport, we advise that you can travel outside the United States, since you will not be subject to the delays caused by attending a comprehensive visa interview, as discussed above.
Immigrants of Countries not included in the Ban:
If you are a Legal Permanent Resident of the United States (Green Card holder), there should not be a problem in your traveling abroad, and returning to the United States. If, however, for whatever reason, a Customs and Border Patrol (CBP) agent, or any other Government Agent asks you to sign form I-407, Record of Abandonment of Lawful Permanent Resident Status, to abandon your green card, do not sign the form, immediately ask that the case be referred to an Immigration Judge, and that you be allowed to obtain an Immigration Attorney to represent you.