Trump Issues Presidential Proclamation Expanding and Finalizing Travel Ban

On September 24, 2017, the Trump Administration issued a Presidential Proclamation to finalize the determinations on banning travel from certain designated countries in particular visa categories, pursuant to President Trump’s March 6, 2017 Executive Order. 

The Proclamation, entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” announces seven designated countries from which entry and visa issuance will be restricted, based upon “inadequate identity-management protocols, information-sharing practices, and risk factors.”  The designated countries are Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen.

Chad: entry is suspended on immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.

Iran: entry is suspended on immigrant visas, and nonimmigrant visas except student (F and M) and exchange visitor (J) visas.

Libya: entry is suspended on immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.

North Korea: entry is suspended on immigrant visas and nonimmigrant visas. 

Syria: entry is suspended on immigrant visas and nonimmigrant visas.

Venezuela: entry is suspended on nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, only for officials of government agencies in Venezuela involved in screening and vetting procedures, and their immediate family members. 

Yemen: entry is suspended on immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas. 

Importantly, the suspension of entry for foreign nationals from these countries applies only to foreign nationals who are outside of the United States and do not already have a valid visa as of September 24, 2017.

Further, the entry ban does not apply to the following individuals: 

1. Lawful permanent residents of the United States,
2. Any foreign nationals admitted to or paroled into the United States on or after September 24, 2017,
3. Any foreign national with a valid travel document other than a visa,
4. Dual nationals of one of the seven designated countries, if traveling on a passport issued by a non-designated country,
5. Foreign nationals traveling on any diplomatic or diplomatic-type visas,
6. Foreign nationals granted asylum, refugee status, withholding of removal, advance parole, or protections under the Convention Against Torture.

Case-by-case waivers may be granted to permit entry to the United States, if a foreign national subject to the ban can demonstrate that denying entry would cause the foreign national undue hardship, that entry would not pose a threat to national security or public safety, and that entry would be in the national interest.

The ban went into effect immediately on September 24, 2017 for all foreign nationals subject to the March 6, 2017 Executive Order, and will effective on October 18, 2017 for all others.

If you are a foreign national of one of the designated countries and have questions about your current non-immigrant visa, non-immigrant status, or ability to travel to the United States, please contact Kolko & Associates, P.C.