New York Lawyer's Legal Updates

What To Do If Visa Was Cancelled Due To Trump Executive Orders

Author: USA Visa Attorney Alena Shautsova

On January 27, 2017 President Trump signed an Immigration Executive Order banning people from seven countries (Iran, Iraq, Sudan, Somalia, Libya, Syria and Yemen) from coming to the United States even if they had already possessed valid visas. Following the order, consulates around the world stopped processing visas for individuals from these countries, or cancelled the visas that were issued prior to the order. Later, a Federal Judge put a stop on the implementation of the executive order, and people who were banned are now allowed to come to the United States. But many found themselves in limbo due to cancelled visa interviews and/or visa applications that were denied during the time the order was effective.

First, according to the Department of State, all visa denials under the Executive Order were final. There is no appeal process for those denials, and a person cannot simply ask to restore the visa. However, a person may reapply for the visa. It means that a new application with new fees would have to be submitted.

If a visa interview was cancelled due to the order, an applicant has to contact his/her consulate to reschedule it. For immigrant visas, National Visa Center will reschedule the interview.

For those individuals who possess dual citizenship, if they have a visa in the passport of their other nationality (not a passport form one of the seven countries), those visas were reinstated and are valid for travel. Importantly, those who had their visas revoked and reinstated do not have to indicate on their future applications that their visas were revoked under the Executive Order.

As such, if the issued visas were not revoked on other grounds, the visas of the individuals from Iraq, Iran, Syria, Yemen, Libya, Somalia and Sudan should be valid for travel. Individuals should contact their nearest consulates with any questions regarding the non-immigrant visas, and those who were waiting for their immigrant visas, may contact the National Visa Center.

Also, if the visas were cancelled on any grounds other than executive order, then those visas are not subject to automatic reinstatement.

It has been reported that President Trump will be issuing a new Executive order regarding Travel Ban. As such, it is advisable to resume all interrupted travel from outside the country, and refrain from the international travel for those who are in the United States.

03 March 2017
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