As you may have heard, the United States President issued an executive order on Friday, January 27, 2017, banning travel to the United States from certain countries. The countries on the list as of the writing of this letter are Iran, Iraq, Somalia, Sudan, Syria, Libya and Yemen. The ban is temporary, for 90 days. However, the Executive Order allows the President to extend the ban.
If you were born in one of the listed countries you should not travel outside the US if you are in non-immigrant status or even if you are a lawful permanent resident, before speaking with an attorney and checking the Customs and Border Patrol (“CBP”) website.
At this moment the CBP has said that individuals with dual citizenship, i.e. citizenship from one of these countries and a country not on the list, will be allowed to travel to the US if the person uses the passport of the country not on the list and has a valid non-immigrant visa.
The CBP has said that lawful permanent residents of the United States who were born in one of the listed countries will be admitted to the United States unless there is derogatory information against them. Lawful Permeant Residents will be allowed to board flights to the United States.
Non-immigrant visa holders will not be allowed to board flights if they are from one of these countries and do not hold dual citizenship with a country not on the list. If you are a non-immigrant visa holder in the United States now, from one of the listed countries, you should not leave the United States without first speaking with an attorney. If your stay will be expiring you should speak with an attorney as soon as possible. You should not overstay your time in the United States because of this travel ban.
If you are from one of these countries and are also a United States citizen, lawful permanent resident, a non-immigrant, an asylee, or an applicant for asylum or adjustment of status, this Executive Order does not apply to you. The Executive Order does not affect United States citizens, lawful permanent residents in the United States, asylees, non-immigrant visa holders in the United States and applicants for benefits in the United States. However please be advised that if you are an asylee or have an application pending with the USCIS, even if you are not from one of the listed countries, you may have other travel restrictions. Please consult with an attorney if you have any doubt about traveling outside the U.S.
Please be advised that the United States President has also signed an executive order that may affect ALL non-U.S. Citizens who have ever committed or been arrested for, charged with or convicted of criminal activity. If you are not a U.S. Citizen who may be affected by this executive order and intend to travel abroad please contact an attorney before you leave the U.S.
Lawsuits have been filed challenging the constitutionality of the travel ban. Please note that agency policies and laws related to immigration in general are in flux at this moment. There may be updates. Please check our website, www.mmdlaw.net and the CBP site at https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states. Please also check the ACLU website at https://www.aclu.org/ and American Immigration Lawyers Association at AILA.org.
If you have any questions, please feel free to contact us.