New York Lawyer's Legal Updates

Waiver For Travel Ban 3.0

Author: New York Immigration lawyer Alena Shautsova

Travel Ban 3.0

In June of 2018, the US Supreme court allowed Trump’s Travel Ban 3.0 to be implemented. According to this Ban, nationals of certain countries cannot receive a visa or enter the US without a waiver. The country affected by the Ban are Iran, Libya, North Korea, Somalia, Syria, and Yemen. According to the regulation, it is applied to nationals of the designated countries who: (i) were outside the U.S. on the applicable effective date; (ii) did not have a valid visa on the applicable effective date; and (iii) do not qualify for a reinstated visa or other travel document that was revoked under Presidential Executive Order 13769.

An applicant for entry into the US from the affected countries may enter the US if either he/she qualifies for an exception, or qualifies for a waiver. To receive a waiver, an applicant has to demonstrate: 1) undue hardship if the entry is denied; 2) entry would be in the national interest, and 3) entry would not pose a threat to national security or public safety.

The exceptions are applied to :

  • Any national who is in the United States on the applicable effective date;
  • Any national who had a valid visa on the applicable effective date;
  • Any national whose visa was marked revoked or marked canceled as Presidential Executive Order 13769 who qualifies for a visa or other valid travel document under section 6(d) of Presidential Proclamation 9645;
  • Any lawful permanent residents of the United States;
  • Any foreign national who is admitted to or paroled into the U.S. on or after the applicable effective date;
  • Any foreign national who has 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;
  • Any dual national of a designated country traveling on a passport issued by a nondesignated country;
  • Any foreign national traveling on a diplomatic visa, NATO visa, C-2/U.N. visa, or G-1, G-2, G-3, or G-4 visa; or
  • Any 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; and also
    • Those present in the United States on the applicable effective dates in one nonimmigrant visa category, who depart the United States and apply for a nonimmigrant visa in a different category or an immigrant visa.
    • Those present in the United States after the expiration of their nonimmigrant status on the applicable effective date who depart the United States and apply for a nonimmigrant visa in a different category or an immigrant visa.
    • Those in possession of a valid visa on the applicable effective date for the relevant nationality, but not present in the United States, who apply for a different nonimmigrant visa or an immigrant visa.

There is no defined application for the waiver or procedure. An applicant applies for the waiver with the relevant documents at the time of the interview. At times, and depending on a consular post, the waiver package should be submitted at the NVC stage of the case.

If you have questions regarding Waiver related to Travel Ban 3.0, please schedule a consultation at www.shautsova.com or by calling 917 885 2261.

06 December 2018
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