March 6th, Executive Order Issued by President Trump

The new Executive Order titled "Protecting the Nation from Foreign Terrorist Entry into the United States" was executed by President Trump March 6th, 2017 but is not effective till March 16th, 2017.  The new order revokes the prior order issued January 27th, 2017.  The Order again prohibits entry into the US from six predominantly Muslim countries; Iran, Libya, Somalia, Suday, Syria, & Yemen.  However, certain categories are exempt from the Ban such as Legal Permanent Residents and dual nationals traveling on a passport from a country not listed in the Executive Order.  There is a high expectation that this order will not withstand judicial scrutiny based on it's discriminatory nature.

American Immigration Lawyers Association has created a quick reference chart for your review;

Who the Order Applies To:	Who the order DOES NOT Apply To:	Who May Be Eligible for a Waiver:
Foreign nationals of the designated counties who: ·         Are outside the U.S. on 3/16/17, ·         Did not have a valid visa at 5pm EST on 1/27/17, AND ·         Do not have a valid visa on 3/16/17	·         LPRs ·         Foreign nationals admitted or paroled in the U.S. on or after 3/16/17 ·         Foreign nationals who have travel or admission documents to the U.S., other than a visa, which are valid on or after 3/16/17 ·         Dual nationals of one of the designated counties, who travel on a passport issued by a non-designated country ·         Foreign national traveling on diplomatic of diplomatic-type visa, North Atlantic Treaty Organization visa, C-2 visa for travel to the United Nations, or G-1, G-2, G-3 or G-4 visa ·         Foreign nationals who were granted asylum ·         Any refugee who was already admitted to the U.S., or ·         Any individual granted withholding of removal, advance parole, or protection under the Convention Against Torture	A consular officer, or where appropriate, the Commissioner of CBP or the Commissioner’s delegee may decide on a case-by-case basis to issue a visa to, or permit the entry of, a national of one of the prohibited counties if:   ·         The national has demonstrated to the officer’s satisfaction that denying entry would cause undue hardship,   ·         That his or her entry would not pose a threat to national security, AND ·         Would be in the national interest [Section 3 (c) lists several examples]

Additionally, refugee resettlement to the United STates is suspended for 120 days.  The number of refugees USRAP will resettle in reduced from 110,000 to 50,000.  Syrian refugees are no longer indefinitely banned.

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