Supreme Court Partially Reinstates Travel Ban until Hearing in Fall 2017

The Supreme Court decided to partially implement portions of President Trump’s second Executive Order regarding the Travel Ban. The Supreme Court will hear arguments during its next session in fall 2017. In the meantime, it is worth noting who can and cannot enter the country or who may have difficulty.

The Executive Order continues to ban nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen until September 27, 2017. However, individuals with valid immigrant or non-immigrant visas issued on or before June 26, 2017, should be permitted to enter the U.S.  Students admitted to U.S. universities, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience, should similarly be permitted to enter.  Furthermore, individuals with visas coming to live or visit with family members with whom they have a close family relationship, should also be admitted.  Very few diversity visa applicants will be able to establish the close relationship to a person or entity in the U.S. and will, therefore, be denied entry.

Following the Supreme Court decision, the Department of State released a cable defining “close family relationship” to mean parent (including parent-in-law), spouse, child, adult son or daughter, son-in-law, daughter-in-law, sibling (including whole or half and step relationships). Notably not included are grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers and sisters-in-law, fiancés, and any other “extended” family members.

Essentially, those truly affected by the travel ban will be individuals without immediate familial relationships or relationships with a U.S. entity, tourists without a specific connection to the U.S, and refugees from any country. Notably the ban does not apply to Legal Permanent Residents, and dual nationals should travel on the passport of the country that is not one of the six designated countries. The ban was implemented on June 29, 2017 and will last for at least 90 days.  As always, Dayzad Law Offices will continue to monitor the situation as it develops for our clients. If a client faces difficulty when trying to enter the U.S., contact us immediately.

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