New Presidential Proclamation Imposes Country-Specific Travel Restrictions (Travel Ban 3.0)

This travel restriction was BLOCKED!

On September 24th, President Trump issued a Presidential Proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.”

The Presidential Proclamation sets forth specific travel restrictions and security procedures for nationals of countries, which do not support the U.S. Government’s ability to confirm the identity of individuals seeking entry into the United States as immigrants and nonimmigrants, as well as individuals applying for any other benefit under the immigration laws.

 

New Country-Specific Travel Restrictions

 

Country Nonimmigrant Visas Immigrant Visas Notes
Chad B-1, B-2, B-1/B-2 entries are suspended. All immigrant entries, including Diversity Visas, are suspended.
Iran All entries are suspended.

Exception: Entries by nationals of Iran, under valid student (F and M) and exchange visitor (J) visas, are not suspended.

All, including Diversity Visas, are suspended. Entry under valid student (F and M) and exchange visitor (J) visas would be subject to enhanced screening and vetting requirements.
Libya B-1, B-2, B-1/B-2 entries are suspended. All immigrant entries, including Diversity Visas, are suspended.
North Korea All nonimmigrant entries are suspended. All immigrant entries, including Diversity Visas, are suspended.
Syria All nonimmigrant entries are suspended. All immigrant entries, including Diversity Visas, are suspended.
Venezuela B-1, B-2, B-1/B-2 entries of officials (and their immediate family members) of government agencies of Venezuela involved in screening and vetting procedures — including the Ministry of the Popular Power for Interior, Justice and Peace; the Administrative Service of Identification, Migration and Immigration; the Scientific, Penal and Criminal Investigation Service Corps; the Bolivarian National Intelligence Service; and the Ministry of the Popular Power for Foreign Relations — are suspended. No restrictions. Nationals of Venezuela who are visa holders would be subject to appropriate additional measures to ensure traveler information remains current.
Yemen B-1, B-2, B-1/B-2 entries are suspended. All immigrant entries, including Diversity Visas, are suspended.
Somalia All nonimmigrant entries are suspended. All immigrant entries, including Diversity Visas, are suspended. Visa adjudications for nationals of Somalia and decisions regarding their entry as nonimmigrants would be subject to additional scrutiny to determine if applicants are connected to terrorist organizations or otherwise pose a threat to the national security or public safety of the United States.
 

Updated List of Countries

The list of countries from the previous Executive Order 13780 (or Travel Ban 2.0), originally included Sudan, Syria, Iran, Libya, Somalia and Yemen. This Presidential Proclamation maintained modified or eased restrictions on the following countries:

  • Sudan: Sudanese nationals are no longer subject to travel restrictions.
  • Chad: Nationals of Chad are now subject to travel restrictions.
  • North Korea: Nationals of North Korea are now subject to travel restrictions.
  • Venezuela: Certain nationals of Venezuela are now subject to travel restrictions.
  • Iraq: Nationals of Iraq are still not subject to travel restrictions. However, nationals of Iraq who seek to enter the United States would be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the United States.

 

Effective Date

The State Department will implement the Presidential Proclamation (PP) at U.S. embassies and consulates abroad as follows:

Phase 1 From 3:30 p.m. EDT on Sunday, September 24, 2017 until 12:01 a.m. EDT on Wednesday, October 18, 2017
Nationals of Iran, Libya, Syria, Yemen, and Somalia Nationals of these five countries will remain under suspension of travel except for those individuals who qualify for the bona fide “close family” exemption. “Close family” is defined as a parent, including parent-in-law, spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew, and first-cousin. For all relationships, half or step status is included (e.g., “half-brother” or “step-sister”). “Close family” does not include any other “extended” family members. A credible claim of a bona fide relationship with a “U.S. entity” must be formal, documented, and formed in the ordinary course rather than for the purpose of evading suspension of entry under the PP. If the national does not qualify for this exemption, they may be eligible for other exceptions or waivers listed in the PP.
Nationals of Sudan As of 3:30 p.m. EDT on Sunday, September 24, 2017, Sudanese nationals are no longer subject to travel restrictions.
Phase 2 Beginning 12:01 a.m. EDT on Wednesday, October 18, 2017
Nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen and Somalia The exceptions and waivers listed in the PP are applicable for qualified applicants, but the bona fide relationship exception is no longer applicable.

The State Department will not cancel previously scheduled visa application appointments. In accordance with all applicable court orders, executive orders, and proclamations, for nationals of the eight designated countries, a consular officer will make a determination in the course of the interview whether an applicant otherwise eligible for a visa is exempt from the P.P. or, if not, is eligible for a waiver under the PP, and may be issued a visa.

The PP provides specifically that no visas issued before its effective date will be revoked pursuant to the PP.

The State Department will keep those traveling to the United States and partners in the travel industry informed as we implement the order in a professional, organized, and timely way.

NOTE: DHS and the State Department confirmed that existing visas will NOT be revoked.
 

Dual Nationals & Green Card Holders

The Presidential Proclamation does not restrict the travel of dual nationals who are traveling on a passport from a non-designated country.

The State Department will process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from a non-designated country, even if they hold dual nationality from one of the eight restricted countries.

Lawful permanent residents or “green card” holders are also not affected by the Presidential Proclamation.

For more information, including waivers and other exceptions, please review the available links below.
 

Update:

TRAVEL BAN 3.O PARTIALLY BLOCKED!
  • On October 17, 2017, a federal judge in Hawaii just blocked President Trump’s latest travel restriction from going into effect on six predominantly Muslim countries on the list. The judge’s ruling does not affect the two recently-added countries — North Korea and Venezuela — and travel restrictions from these two countries can go into effect.
 


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