Published by AILA, American Immigration Lawyer Association on July 10, 2017
DHS provided updated FAQs, as of 7/10/17, on the implementation of EO 13780, including who is subject to the suspension of entry, impact on dual citizens, traveling from one of the six affected countries, waivers, unaccompanied minors, USCIS processing of refugee applicants, and more.
Frequently Asked Questions on Protecting the Nation from Foreign Terrorist Entry into the United States
Q1. Who is subject to the suspension of entry under the Executive Order?
Q2. How will this impact commercial air carriers?
Q3. What about dual citizens?
Q4. What about refugees who are considered to be “in transit?”
Q5. I am a national from one of the six affected countries currently overseas and in possession of a valid visa, but I have no prior travel to the United States. Can I travel to the United States?
Q6. I am presently in the United States in possession of a valid single entry visa but I am a national of one of the six impacted countries. Can I travel abroad and return to the United States?
Q7. I am presently in the United States in possession of a valid multiple entry visa but am a national of one of the six affected countries, can I travel abroad and return to the United States?
Q8. I am from one of the six countries, currently in the United States in possession of a valid visa and have planned overseas travel. My visa will expire while I am overseas, can I return to the United States?
Q9. Will the Department of Homeland Security (DHS) and the Department of State (DOS) be revoking the visas of persons ineligible to travel under the revised Executive Order?
Q10. What is the process for overseas travelers affected by the Executive Order to request a waiver?
Q11. How are returning refugees and asylees affected by the Executive Order?
Q12. Are first-time arrival refugees with valid travel documents allowed to travel to the United States?
Q13. Will unaccompanied minors within the scope of the Executive Order be denied boarding and or denied entry into the United States?
Q14. Is DHS complying with all court orders?
Q15. When will the Executive Order be implemented?
Q16. Will the Executive Order impact Trusted Traveler Program membership?
Q17. When will CBP issue guidance to both the field and airlines regarding the Executive Order?
Q18. If I receive a valid immigrant visa from the Department of State and I am a first-time arrival, will I be allowed to travel to the U.S.?
Q19. Does this affect travelers at all ports of entry?
Q20. What does granting a waiver to the Executive Order mean? How are waivers applied to individual cases?
Q21. Does “from one of the six countries” mean citizen, national, or born in?
Q22. Will nationals of the six countries with valid green cards (lawful permanent residents of the United States) be allowed to return to the United States?
Q23. Can a dual national who holds nationality with one of the six designated countries traveling with a passport from an unrestricted country travel to the United States?
Q24. Will landed immigrants of Canada affected by the Executive Order be eligible for entry to the United States?
Q25. Has CBP issued clear guidance to CBP officers at ports of entry regarding the Executive Order?
Q26. What coordination is being done between CBP and the carriers?
Q27. What additional screening will nationals of restricted countries (as well as any visa applications) undergo as a result of the Executive Order?
Q28. Is USCIS continuing to interview refugee applicants for admission?
Q29. How is USCIS determining whether a refugee applicant has a relationship to a person in the United States?
Q30. How is USCIS determining whether a refugee applicant has a relationship to an entity in the United States?
Q31. Are only refugees from one of the six countries affected prevented from traveling if they do not have a bona fide relationship to a person or entity in the United States?
Q32. How long will the refugee suspension be in place?
Q33. Nearly 50,000 refugees have already been admitted to the United States this fiscal year. Will refugees with a bona fide relationship to a person or entity in the United States be allowed to be admitted even if the 50,000 ceiling has been reached?
Q34. Will family members planning to join refugees and asylees be permitted to travel?
Q35. What is the status of the provision of the Executive Order that directs the Secretaries of State and Homeland Security to review the USRAP application and adjudication processes to determine what additional procedures should be used to ensure that individuals seeking admission as refugees do not pose a threat to the security and welfare of the United States?
Q36. Can certain categories of refugee cases be considered to have a bona fide relationship with a person in the United States?
Check the link for the information
This article was published by AILA, American Immigration Lawyer Association. Doc. No. 17062935
This article is solely a partial explanation of all the issues related to the topic of this newsletter, and is not to be considered legal advice. Persons interested in obtaining more information should consult with their legal counsel to obtain explanations of all issues addressed herein.