United States: Travel warning for Nationals of certain countries

Posted by Immigration Law Team|US Immigration
Jan 17
27


In brief

Donald Trump is expected to sign an executive order that would suspend the immigrant and nonimmigrant entry of nationals from certain designated countries, which may include Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.  The travel ban is anticipated to last 30 days from the date of the order, but may be extended.

Impact

President Trump’s administration has drafted an executive order relating to visa issuance, screening procedures and refugees.  Among other provisions, the draft order would suspend the immigrant and nonimmigrant entry of nationals from certain designated countries.

If the draft order is implemented without change, the “designated countries” would include Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.  As a result, nationals of these designated countries would be ineligible to enter the U.S., either as non-immigrants (B-1, H-1B, L-1A, etc.) or U.S. Permanent Residents, for a period of at least 30 days.

To complicate matters, the term “national” is not specifically defined in the draft order.  In light of the uncertainty, the executive order may apply to any foreign national who is a citizen, national, passport holder, or was born in a designated country, although there may be more clarity on this if the executive order is in fact signed.

It is important to note that the draft order has not been finalized, and that changes may occur from the draft to the finalized version.  However, as the executive order may be signed at any point this week by President Trump, and would become effective immediately upon signing, it is critical for nationals of the countries listed above to be aware of the potential travel restrictions into the U.S.

Recommendations

Nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen who are physically present in the U.S. are advised not to travel out of the country at this time, as they may be barred from re-entry for a period of 30 days or more.  Further, nationals of the above mentioned countries who are currently outside the U.S., but who have immigrant or non-immigrant status in the U.S., are advised to return to the U.S. as soon as possible, before an executive order on the matter is signed.

For further details regarding the draft executive order, or any other immigration matters, please contact a member of our team.


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