Updated: June 29, 2017
The Supreme Court of the United States (SCOTUS) will hear the Travel Ban case when its fall session begins in October 2017. In the meantime, the Court will allow the administration to implement parts of President Trump’s second Executive Order (EO-2), starting June 29, 2017 at 8:00pm EDT, which bans the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen from the United States for at least 90 days and suspends the admission of all refugees for 120 days.
According to the Department of State, no validly issued visas will be revoked based on the Executive Order and the ban will not apply to those already issued visas for entry into the United States even after their visas expire or they leave the United States.
Who is likely to be allowed in to the United States?
Special note about Refugees
All refugees authorized to enter the United States have a relationship with a refugee resettlement agency which may constitute a “formal, documented [relationship] formed in the ordinary course [of business].”However, the Court did not specifically mention refugee resettlement agencies as a qualifying entity. Therefore, the government may take the position that refugees without family connections in the United States are not covered by the narrowed injunction.
Who may have difficulty entering the United States?
The EO permits consular officers to grant waivers and authorize the issuance of a visa on a case-by-case basis when the applicant demonstrates to the officer’s satisfaction that the following three criteria are all met:
If you are affected by the travel ban, we recommend that you seek the counsel of an immigration attorney who can help you in presenting evidence of a “formal, documented” relationship with a U.S. entity “formed in the ordinary course” of business, or help you demonstrate close ties to the U.S., or that you qualify for a waiver. Please contact us, we can help.
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