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Department of State Will Begin Implementing 90-Day Travel and Refugee Ban Beginning June 29, 2017

June 29, 2017

Pursuant to the Supreme Court Ruling on June 26, 2017, the U.S. Department of State (DOS) announced by cable that it would begin implementing the more limited terms of President Trump’s Executive Order beginning at 8:00 PM (ET) on June 29. Executive Order 13780 suspends for 90 days the entry to the United States of, and the issuance of visas to, nationals of six designated countries: Iran, Libya, Somalia, Sudan, Syria and Yemen.

It is important to note that the Supreme Court’s partial lifting of the injunctions against the ban is to be enforced only against foreign nationals who do not have a credible claim of “a bona fide relationship with a person or entity in the United States.” For a summary of what the ruling provided, please see our previous post on this topic.

The suspension of entry does not apply to:

  • Individuals who are inside the United States on June 29, 2017
  • Individuals who have a valid visa on June 29, 2017
  • Individuals who had a valid visa at 8:00 p.m. on January 29, 2017, even after their visas expire or they leave the United States
  • Any lawful permanent resident of the United States
  • Any dual national of a country designated under the Order when traveling on a passport issued by a non-designated country
  • Any applicant who has been granted asylum or any refugee who has already been admitted to the United States, or any individual who has been granted withholding of removal, advance parole or protection under the Convention Against Torture

For other conditions under which the Executive Order’s suspension of entry does not apply, see the DOS Cable attached.

No visas will be revoked based on the Executive Order, even if issued during the period in which the Executive Order was enjoined by court order or during the 72-hour implementation period of the Supreme Court's Ruling. New applicants will be reviewed on a case-by-case basis, and consular officers of the DOS have been instructed to take into account the scope and exemption provisions in the Executive Order as well as the applicant’s qualification for a discretionary waiver.

“Close family,” as it is used to indicate a bona fide relationship, is defined as a parent (including parent-in-law), spouse, child, adult son or daughter, son- or daughter-in-law, or a sibling (whether whole or half), and it includes step relationships. It does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers or sisters-in-law, fiancés, or any other “extended” family members. A relationship with a U.S. entity, similarly, must be formal, documented and formed in the “ordinary course” of business rather than for the purpose of evading the ban.

For a more detailed outline of DOS’s implementation plan as well as a list of qualifications for waivers, please read the DOS cable issued June 28, 2017.

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