Immigration updates regarding new Executive Order

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UPDATE: A federal appeals court rules against reinstating travel ban

On February 9, 2017, the 9th Circuit Court of Appeals unanimously ruled against reinstating the entry ban.

This means the temporary restraining order from February 3rd remains in effect, and the 90-day entry ban for those seven countries is still halted.

UPDATE: On February 3, 2017, federal judge James Robart (Seattle, WA) issued a restraining order temporarily halting the January 27th executive order nationwide, effective immediately for most international travelers. Immigration officers at airports and other ports of entry are expected to be bound by this decision.

It is important to note that this restraining order does not halt all aspects of the January 27 executive order:

  • Halted: The temporary 90-day ban on entry into the U.S. for people from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen has been halted.
    • U.S. Customs and Border Protection (CBP) immediately communicated to airlines worldwide to resume boarding passengers as normal. 
  • Still in effect: The restraining order does not affect the suspension of the in-person visa interview requirement waivers. Individuals seeking a nonimmigrant visa—whether initial or renewal—will be required to undergo an in-person interview at the U.S. Consulate. 

The temporary restraining order will remain in effect until the case is decided by a federal appeals court.

UPDATE: According to USCIS's press release on February 3, USCIS will continue to adjudicate applications and petitions filed for or on behalf of individuals in the United States regardless of their country of origin, and applications and petitions of lawful permanent residents outside the U.S. USCIS also continues to adjudicate applications and petitions for individuals outside the U.S. whose approval does not directly confer travel authorization. Applications to adjust status also continue to be adjudicated, according to existing policies and procedures, for applicants who are nationals of countries designated in the Jan. 27, 2017 Executive Order.

UPDATE: A February 1, 2017 memorandum from White House Counsel Donald McGann stated that the 90-day entry ban for persons from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen does not apply to permanent residents. 

Also, the U.S. Customs and Border Protection (CBP) website has been upddated -- "Under the recent guidance from the White House, we will continue to ensure that lawful permanent residents are processed through our borders efficiently. Under that guidance, the Executive Order issued January 27, 2017, does not apply to their entry to the United States." 

UPDATE: What about dual citizens of the seven countries who want to enter the U.S.? Does this Executive Order apply to dual nationals of the seven countries who want to enter the U.S.? If they apply for entry based on their citizenship from one of the countries NOT on the list, will they be allowed entry?

-- According to the CBP website (link removed, page inactive), "Yes, but travelers are being treated according to the travel document they present.  For example, if they present a Canadian passport, that is how they are processed for entry."

UPDATE: Information session on February 1 for Emory community members impacted by recent executive order

The executive order issued on January 27 affects a wide array of university community members. We want to ensure that all impacted community members receive support and timely and accurate information.

To that end, on Wednesday, February 1, the Office of Global Strategy and Initiatives, Campus Life, International Student and Scholar Services (ISSS), and the School of Law are co-hosting an information session for Emory students, faculty, and staff impacted by the recent executive order. Legal experts will be on hand to consult with impacted community members.

The panelists will include immigration attorneys and representatives from ISSS, Campus Life, and the School of Law.

How does the Jan 27 executive order affect me?
An information session for impacted Emory students, faculty, and staff
Wednesday, February 1, 2017
5:00 p.m. to 7:00 p.m.
Winship Ballroom, Dobbs University Center


UPDATE: A new exception for permanent residents from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen

On January 29, 2017, DHS Secretary John Kelly determined that permitting the entry of permanent residents (i.e., green card holders) is "in the national interest." Thus, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, DHS expects swift entry for green card holders from these seven countries.  We still advise green card holders from these countries to exercise caution by refraining from international travel until the temporary entry ban expires. 

January 28, 2017

Dear international students and scholars,

We would like to inform you of two key changes announced as part of an executive order signed by President Trump on January 27th. Government agencies have not yet announced details as to how each of these directives will be implemented.

The first change applies to persons from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The U.S. will place an immediate 90-day ban on entry into the U.S. for people from these seven countries. The prohibition on entry extends to both immigrants (i.e., green card holders) and nonimmigrants (e.g., F-1, J-1, H-1B, etc.). The language of the Executive Order does not specify if the restriction applies only to those people traveling with a passport from one of the above countries of concern, or if it applies to those born in one of these countries but who have acquired dual citizenship in another country not on this list. Until there is further clarification or guidance, we advise that all people who are citizens of, or were born in, one of these countries exercise caution by refraining from international travel.

Second, the U.S. will suspend the in-person visa interview requirement waivers, which means that individuals seeking a nonimmigrant visa—whether initial or renewal—will be required to undergo an in-person interview at the U.S. Consulate. Before this Executive Order, the U.S. Consulate could waive the in-person visa application interview requirement based on the applicant’s age or if the individual was applying to renew a visa within the same category. This new rule most likely means that it will take longer to obtain U.S. entry visas. If you are from a visa-exempt country, such as Canada or Bermuda, this change should not affect you.

We want to remind all international students and scholars who are under Emory’s immigration sponsorship to fill out a Travel Information e-form in ISSS Link for each trip outside of the U.S., including brief trips to Canada or Mexico. The Travel Information e-form allows us to review your immigration status under the current immigration rules and to offer re-entry advising, including travel signatures if applicable.

Everyone at ISSS appreciates your contributions and unique needs. We will continue to closely monitor immigration-related developments and work with our professional associations and colleagues to advocate for favorable immigration policies that benefit everyone. We will provide an update as soon as possible should there be any immigration policy changes that affect you. Please contact your ISSS advisor if you have any questions or need support.

Best regards,
Your ISSS staff