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Immigration


22 September 2017

UNITED STATES:  Partial enforcement of the latest travel ban allowed by the Ninth Circuit Court

The travel restrictions proposed by the Trump Administration in September, that were previously blocked by two lower courts will be temporarily allowed while the Trump Administration appeals the lower court rulings against the restrictions.

Pursuant to the US Court of Appeals for the Ninth District, it is expected that the Trump Administration will announce that it will begin to impose travel restrictions on nationals from Chad, Iran, Libya, Somalia, Syria and Yemen.  However nationals from these six countries with legitimate relationships with US nationals or entities will be exempt.

Once implemented, nationals from the six countries above will be subject to the below US travel restrictions, unless otherwise exempt.

  • Chad: No B-1, B-2 or B-1/B-2 visitor visas; no immigrant or diversity lottery visas
  • Iran: No non-immigrant visas except F and M student visas and J exchange visitor visas; no immigrant or diversity lottery visas
  • Libya: No B-1, B-2 or B-1/B-2 visitors visas; no immigrant or diversity lottery visas
  • Somalia: Non-immigrant visa applicants will be subject to heightened scrutiny; no immigrant or diversity visas
  • Syria: No non-immigrant, immigrant or diversity lottery visas
  • Yemen: N0 B-1, No B-2 or B-1/B2 visitors visas; no immigrant or diversity lottery visas

Not affected by the ruling however were the travel restrictions against North Koreans and certain Venezuelan government officials, they will remain in place.  With the exception for exemptions for those travellers who have a verifiable relationship with the following:

  • Those with a close family member in the United States.  Close family members are defined as immediate family as well as grandparents, grandchildren, brothers/sisters in law, aunts, uncles, nieces, nephews and cousins
  • Those with ties to a US entity that was not formed for the purpose of sidestepping the travel ban.  Such as a sponsoring employer, where the relationship is formally documented and verifiable.

Important to note that US lawful permanent residents, dual nationals, holders of valid visas and certain other classes of foreign nationals are exempt from the travel limits as set by the terms of the original presidential proclamation.

Team Relocations will continue to monitor the situation and will provide updates as the order is implemented and the restrictions are put in place.  It is expected that the Fourth and Ninth Circuit Courts will hear arguments that challenge the travel restrictions.

 

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