Implementation of Presidential Proclamation and Executive Orders

Wooden gavel working lawyer in background. lawyer law justice judge gavel courtroom legal table concept

 

DECEMBER 8, 2017: In light of the U.S. Supreme Court’s December 4, 2017 ruling, which allows the U.S. government to fully implement President Trump’s September 24, 2017 Presidential Proclamation, the U.S. Department of State (DOS) has recently issued guidance regarding the implementation of the Proclamation. The Proclamation imposes country-specific travel restrictions on eight countries: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. In addition, pursuant to the Proclamation, nationals of Iraq will be subject to extra screening measures. Per the DOS guidance, these restrictions were  implemented fully on December 8, 2017.

 

Some of the key highlights from the DOS guidance include:

 

Previously Scheduled Visa Appointments 

The guidance confirms that the DOS will not cancel previously scheduled visa application appointments. For nationals of the eight designated countries, a consular officer will make a determination whether an applicant who is otherwise eligible for a visa is exempt from the proclamation, or, if not, may be eligible for a waiver under the Proclamation and therefore issued a visa.

 

Previously Issued Visas 

The guidance also indicates that no visas will be revoked pursuant to the Proclamation. The guidance further states that individuals subject to the Proclamation who possess a valid visa or valid travel document generally will be permitted to travel to the U.S., irrespective of when the visa was issued.

 

Waivers

For individuals affected by the Proclamation who are seeking a waiver, the DOS guidance indicates that there is no separate application for a waiver. Per the guidance, an individual who seeks to travel to the U.S. should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for a waiver.

For purposes of determining if someone is eligible for the waiver based on a “close family member,” the guidance indicates that, in the context of the Proclamation, the term “close family member” only includes spouses, children under the age of 21, and parents of U.S. citizens, of lawful permanent residents, and of aliens lawfully admitted to the U.S. on a valid nonimmigrant visa

 

Immigrant Visa Petitions Processing at the National Visa Center

Individuals working on a case with the National Visa Center (NVC) should continue to pay fees, complete the DS-260 immigrant visa application, and submit financial and civil supporting documents to the NVC. The NVC will continue to review cases and schedule visa interview appointments overseas. During the interview, a consular officer will review the case to determine whether the applicant is affected by the proclamation and, if so, whether the case qualifies for an exception or may qualify for a waiver.