New York Lawyer's Legal Updates

New Travel Ban: Questions And Answers

Author: New York Immigration lawyer Alena Shautsova

On January 31, 2020, President Trump expanded travel ban by adding six new countries to the list of countries nationals of which cannot come to the U.S. without waivers. This new ban, unlike the previous ones, concerns Immigrant visas only.

Which countries are included in the new travel ban 2020?

Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania

When will the new travel ban go into effect?

The effective date of the new ban is February 21, 2020, at 12:01 AM. It means that those who have immigrant visa interviews on or after that day or have not entered the US prior to that day will be affected by the new ban.

What is the reason for the new travel ban?

According to the Presidential Proclamation Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry, these countries do not comply with the required security procedures.

How the new travel ban affects the national of these new countries?

It suspends issuance of Immigrant visas, except for as Special Immigrants who have provided assistance to the U.S. government. Except for Tanzania and Sudan, it suspends the entry of DV lottery immigrants.

Who are covered by the new travel ban?

The following persons are affected by the ban, those who

  • are outside the U.S. on the applicable effective date;
  • do not have a valid visa on the applicable effective date; and
  • do not qualify for a reinstated visa or another travel document that was revoked under Presidential Executive Order 13769.

The new travel ban will affect those who were petitioned by employers or family members to come to the US on immigrant visas. Mostly, it will affect the family members of US citizens and permanent residents. It says not to affect applicants for non-immigrant visas such as B1/2 tourist visas or student visas. However, such visas may easily be denied under 214(b) or lack of ties with the home country for which there is no waiver.

Who is not covered by the new travel ban?

  • lawful permanent residents or green card holders;
  • foreign nationals who are admitted to or paroled into the U.S. on or after the applicable effective date;
  • foreign nationals who have a document other than a visa (e.g., transportation letter, boarding foil, advance parole document) valid on the applicable effective date or issued on any date thereafter;
  • Dual nationals of a designated country who are traveling on a passport issued by a non-designated country;
  • Foreign nationals traveling on diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G2, G-3, or G-4 visa; and
  • Foreign nationals who have been granted asylum in the U.S., refugees who have been admitted to the U.S. or individuals who have been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Is a waiver available for the new travel ban?

Yes, nationals of the new countries may apply for a waiver. To apply for a waiver, a person has to demonstrate that

  • Denying entry would cause the foreign national undue hardship;
  • Entry would not pose a threat to the national security or public safety of the U.S.; and
  • Entry would be in the national interest.

To reserve a consultation regarding the travel ban and waivers, please call our office at 917 885 2261 or book it here

03 February 2020
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