On Friday, January 27, 2017, President Trump issued an
Executive Order titled “Protecting
the Nation from Foreign Terrorist Entry into the United States.”
Among other provisions, the Executive Order
suspends entry of nationals from seven designated countries for 90 days from
the date of the order. These seven
countries are:
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Iran
-
Iraq
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Libya
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Somalia
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Sudan
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Syria
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Yemen
The order does not define what “from” one of the seven
designated countries means. Due to the
vagueness of the order, it is best to interpret “from” as including passport
holders, citizens, nationals, and dual nationals from these seven designated
countries.
There is an exception for refugees that were in transit to
the US at the time the order was issued.
In addition, the Secretary of the Department of Homeland Security (DHS) announced
on Sunday that Legal Permanent Residents (green card holders) would be able to
enter the US, absent significant derogatory information indicating the green
card holder posed a threat to US national security.
After the 90 day ban, travel is not automatically
reinstated. The US DHS is required to
report whether countries have provided information needed to determine that the
foreign national(s) is not a security or public safety threat.
Several court cases have been filed challenging the
President’s Executive Order. These court
cases have generally been decided against the order, but none of the cases have
specifically struck down the order.
Reports indicate that each US airport is enforcing the President’s
Executive Orders differently.
Please note that the
situation is fluid and may change at any time.
If you have specific questions about your case please contact your MU
attorney.
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ReplyDeleteGood day MU, what would be the implications of the this executive order for those who are waiting for their visa including the employment based? Will it affect their visa processing?
ReplyDeleteHi Joey - if you are from one of the seven countries then it will delay the visas. If you are not from one of the 7 countries, then there should be no delay.
ReplyDelete