February 6, 2017

 
Following are several updates regarding implementation of the January 27 Executive Order (EO) on immigration:
  
Travel Ban: As you may already be aware, the travel ban for nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen has been lifted, at least temporarily. Last Friday, a U.S. District Court in Washington issued a nationwide temporary restraining order (TRO) prohibiting the Federal Government from enforcing the 90-day travel ban on immigrants and nonimmigrants from the 7 countries, as well as the 120 day ban on refugee admissions and the indefinite suspension of Syrian refugee admissions. The Trump Administration immediately appealed for an emergency stay of the TRO, but that appeal was denied yesterday.
  
The Department of State (DOS) has confirmed that, assuming no other issues in a case, all previously valid visas which were provisionally revoked on January 27 will once again be valid for travel. Customs and Border Protection (CBP) has instructed all offices to immediately resume inspection of travelers under standard policies and procedures, and all airlines have been notified to permit boarding of all passengers without regard to nationality. The American Immigration Lawyers Association (AILA) has confirmed with CBP that any individuals who had their visas physically cancelled last weekend on arrival in the U.S. will not need to apply for new visas; absent any other admissibility issues, those individuals will receive an I-193 waiver upon arrival to the U.S.
  
Furthermore, USCIS announced on Friday (prior to the TRO) that it has resumed processing of applications and petitions filed for individuals from the 7 countries. Processing had been suspended following issuance of the EO on January 27.
  
Please note that the TRO is a temporary suspension of the ban. We would therefore encourage anyone from the 7 countries who is currently outside the U.S. and wishes to return to do so immediately.
  
Visa Interview Waivers: The DOS Visa Office has confirmed that, despite instructions in the EO, certain eligible applicants can continue to receive visa interview waivers. This includes applicants under age 14 and over age 79, as well as those who were previously issued the same visa type within one year.
  
Rumored Expansion of Banned Countries: DOS confirmed with AILA that there is no addendum, annex, or amendment now being worked on to expand visa revocations or the travel ban to other countries, thus dispelling rumors of expansion to other countries such as Egypt, Lebanon, Afghanistan, Pakistan, Colombia, Venezuela, Southern Philippines, Trans-Sahara (Mali), Sulu/Sulawesi Seas Littoral.
Please note that this News Flash is provided for informational purposes only.  It does not constitute legal advice and is not a substitute for consulting with an attorney.

Sincerely,
 
The Attorneys at RSST Law Group