Business Immigration Insights

On January 31, 2020, President Trump issued a Presidential Proclamation amending Presidential Proclamation 9723, commonly called the “Travel Ban.”  This new proclamation imposes travel restrictions on certain nationals of countries the administration has determined to have inadequate identity-management practices, national security and public safety information practices, and otherwise pose a national security or public-safety risk.

When will the expanded travel ban take effect?

The expanded travel ban is set to take effect on February 21, 2020 at 12:01 AM EST.

Who is affected?

• Nigeria: All immigrants, except Special Immigrants whose eligibility is based on having provided assistance to the US government.
• Eritrea: All immigrants, except Special Immigrants whose eligibility is based on having provided assistance to the US government.
• Tanzania: Diversity Visa immigrants, commonly referred to as visa lottery recipients.
• Sudan: Diversity Visa immigrants.
• Myanmar: All immigrants, except Special Immigrants whose eligibility is based on having provided assistance to the US government.
• Kyrgyzstan: All immigrants, except Special Immigrants whose eligibility is based on having provided assistance to the US government.

Immigrants refers to those who are seeking to enter the US on a permanent basis using an immigrant visa.  The ban does not apply to those already in the United States in nonimmigrant status applying for adjustment of status.

Are nationals from the designated countries who were issued immigrant visas before the travel ban becomes effective subject to the travel ban?

No, the expanded travel ban only applies to those outside the United States who do not hold valid immigrant visas as of the effective date.

Are dual nationals affected by the travel ban?

Yes, but only if traveling on a passport issued by a designated country.

Are nationals from the designated countries barred from applying for adjustment of status (green card) applications while in the United States?

No, the expanded travel ban only applies to those seeking to enter the United States using immigrant visas issued by US consular posts abroad.  Those applying for immigrant benefits in the United States are unaffected by the expanded travel ban.

May those affected by the travel ban apply for waivers?

Yes, the waiver applicant must demonstrate (1) undue hardship if entry were denied, (2) entry would not pose a threat to national security or public safety of the United States, and (3) entry is in the national interest of the United States.  Each waiver application will be considered on a case-by-case basis.  Waivers are not granted often and can take more than a year to process.