Who did President Trump 212(f) today? Travel Ban 3.0 - More countries added
What You Need To Know About Travel Ban 3.0
On February 21, 2020, the expanded travel ban took effect, adding 6 more countries to the list: Nigeria, Eritrea, Tanzania, Sudan, Kyrgyzstan and Myanmar (known as Burma).
Are all individuals from these countries banned from entering the U.S.?
No. Only individuals seeking to enter the U.S. under certain visa categories are prohibited from entry.
Anyone who seeks to enter the U.S. temporarily will still be permitted to enter the country. Temporary visitors include, but are not limited to, visitors for pleasure (for example, a B-2 visa), visitors entering for temporary employment (for example, an H-1B, L-1A or O-1 visa) and students/ exchange visitors (for example, a F-1 or J-1 visa).
Which nationals from these countries are banned from entering the U.S.?
The restrictions are country-specific and apply to certain categories of individuals seeking to enter the U.S. permanently (aka to become lawful permanent residents).
Individuals from Sudan and Tanzania are the two countries with the least amount of restrictions. Only individuals from these countries who seek to enter the U.S. as Diversity Immigrants will be barred. A diversity visa, also known as the diversity lottery, permits a certain percentage of individuals from each country to be selected at random each year to permanently immigrate to the United States.
Individuals from Eritrea, Kyrgyzstan, Myanmar and Nigeria face several more restrictions. ALL immigrants, except for certain “Special Immigrants” are prohibited from entering the U.S. while the travel ban remains in effect. This applies to family-based immigrants, employment-based immigrants AND Refugees.
Are there any exemptions?
There are a few exceptions laid out in the Presidential Proclamation:
Current Lawful Permanent Residents;
Dual nationals traveling on a passport from a non-restricted country;
Anyone who already holds a valid U.S. visa (even if it is an immigrant visa) or advance parole, and;
Those who are physically in the United States or hold a valid visa or other travel document on the effective date of the new proclamation.
If you are a lawful permanent resident or you have a valid visa, even if you are from one of the countries listed above, you will still be permitted entry into the country.
Are there any waivers available if I am subject to the travel ban?
Yes. There is a waiver available, however there is no formal application or process. Each U.S. Consulate has a different procedure to request and submit a waiver. Generally, the waiver cannot be requested until you are called for your visa interview.
In order to be granted, you must prove the following:
Undue hardship to the applicant would be caused if U.S. entry is denied. In other words, some unusual situation, other than difficulty in the home country, compels immediate travel and delaying issuance of the visa would defeat the purpose of the applicant's trip. Note that "undue hardship" is less than the "extreme and unusual hardship" required for some immigration waivers.
The applicant's entry to the U.S. would be in the U.S. national interest. This means that some U.S.-based person or entity would suffer hardship if the applicant could not travel until the travel ban is lifted.
The applicant's entry to the U.S. would not pose a threat to U.S. national security or public safety. The Department of State will check the applicant's name against FBI and related databases, as well as check sources within countries where the applicant has lived.
What evidence do I submit to prove these 3 factors?
It depends. There is no straight-forward answer here because each person is going to have different reasons why the waiver should be granted. As stated above, there are no specific documents required to apply, so each person will need to determine what evidence will suffice to prove waiver eligibility.
It is also recommended that you include a cover letter that explains the law and the 3-prong test and how the evidence that you are submitting proves your eligibility under each prong.
Do I need a lawyer to file a waiver?
You are not required to have a lawyer to file a waiver, but it is highly recommended given the lack of guidance and the significant impact a denial of the waiver may have on you. All of the U.S. Consulates in the countries listed on the travel ban are being flooded with waiver requests, thus it is imperative that you clearly and succinctly explain your waiver eligibility and that you prepare the waiver package in a logical fashion. An experienced immigration attorney will know exactly how to do this and can help ensure that you give yourself the best possible chance to have your waiver approved.
If you need help filing for a travel ban waiver or have any questions about how the travel ban may effect you or your family, contact an experienced immigration attorney at The Shapiro Law Firm, LLC today!
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