What you need to know about Trump’s Muslim Ban 3.0
The Question & Answers page is designed to answer all your questions in regards to Trump’s Muslim Ban 3.0. If there are questions that are not listed here, please contact NIAC’s Legal Counsel Shayan Modarres at firstname.lastname@example.org. Please note that this page will be continuously updated as the situation evolves.
Who is Affected by Muslim Ban 3.0?
The entry of immigrants from Iran, Libya, Somalia, Syria, Yemen, Chad and North Korea are suspended indefinitely.
The entry of nonimmigrants from Iran is also suspended, with the exception of student visas (F and M visas), or exchange visitor visas (J visas). Travelers entering under these three visa categories will be subject to enhanced screening and vetting requirements.
Certain nonimmigrants from Chad, Libya, Yemen and Venezuela will be permitted to enter, and Somali nationals will be subject to additional scrutiny.
The entry of nonimmigrants from Syria and North Korea is suspended without exception.
Will Green Card Holders Be Affected?
Under the terms of the proclamation, entry suspensions will not apply to lawful permanent residents of the United States, commonly referred to as LPR’s or Green Card holders. The suspension of entry will also not apply to persons inside the U.S. or persons with valid visas before October 18, and travelers with other travel documents such as a transportation letter or advance parole document. The language of the proclamation is unclear whether the exception under Section 6(c), providing that valid visas will not be retroactively revoked, will allow travelers to enter or will simply allow them to maintain valid visas while still being barred from entry.
How Will Muslim Ban 3.0 Affect Dual Nationals?
Dual nationals who are traveling on a passport issued by a country other than the eight covered countries will not be affected. So if you are a citizen of an EU country, for example, and also hold an Iranian passport, as long as you are entering the United States on a passport issued by the EU country you will not be affected by the proclamation. However, nationals of the eight banned countries under Muslim Ban 3.0 will still need a valid F, M, or J visa. Dual Iranian nationals with visas issued prior to October 18 will not have their visas revoked, but it remains to be seen whether they will be permitted to enter the United States, as the language of the proclamation is unclear on this point.
The Proclamation Says That Visas Will Not Be Revoked. But Will Visa Holders Be Able to Enter the U.S. if They, For Instance, Possess a Non-Student or Exchange Visa That Was Issued Before This Proclamation?
The language of the proclamation is unclear on this point. Under Section 6(c), valid visas issued prior to October 18 will not be revoked. However, it remains to be seen whether travelers possessing valid visas issued prior to October 18, that are not F, M, or J visas, will be permitted to enter.
My Fiancee is Awaiting Her Visa and She is Scheduled For an Interview. She is an Iranian National. How Does This Affect Our Situation?
Under the language of the Proclamation, as long as a valid visa is issued and possessed by the traveler before midnight on October 18, 2017, the proclamation will not affect that person. So if your fiance does not have her interview, and does not get her visa in hand prior to October 18, they will not be permitted to enter. After October 18, no Iranian travelers will be permitted entry unless they are entering as a green card holder, or they have a valid F, M, or J class visa. The language of the proclamation is unclear whether the exception under Section 6(c), providing that valid visas will not be retroactively revoked, will allow travelers to enter or will simply allow them to maintain valid visas while still being barred from entry.
My Aunt Is a Dual Citizen and She Just Got Her Visa. Will She Be Affected?
Generally, dual citizens are not affected by Muslim Ban 3.0 if they are traveling on a passport issued by a country other than the eight banned countries. Also, as long as she has a valid visa issued prior to the October 18 effective date, then she is exempt from the ban of entry under Section 6 of the proclamation. Please note, however, the language of the proclamation is unclear whether the exception under Section 6(c), providing that valid visas will not be retroactively revoked, will allow travelers to enter or will simply allow them to maintain valid visas while still being barred from entry. This remains to be seen.
My Iranian Grandmother Usually Visits Us Every Two Years. She Gets a Tourist Visa. Does This Mean That She Will Not Be Able to Come Anymore?
In short, she will not be able to enter the United States going forward. The entry of all non-immigrant Iranian nationals, including visitors and tourists, is suspended indefinitely and there is no set expiration date for Muslim Ban 3.0.
What Happens to the Existing Lawsuits Against Trump’s Original Muslim ban? Are they All Irrelevant Now? Can a New Legal Challenge Be Brought Against This Ban?
The cases before the Supreme Court challenging Executive Order 13780 are likely not moot, and will proceed with oral arguments scheduled on October 10th. New legal challenges against the current Muslim Ban 3.0 proclamation can be filed and are likely to be filed. NIAC is actively exploring the possibility of bringing litigation to challenge it.
Is This Permanent? Will Banned Classes of Iranians Never Be Able to Come As a Result of This Ban?
Muslim Ban 3.0 does not have a set expiration date and is indefinite by its terms. NIAC is actively pursuing all legal remedies, including a lawsuit seeking judicial intervention to prevent the administration from implementing the ban. We are also actively working to challenge the administrative Muslim ban that has been implemented through “extreme vetting” measures since May that have sent visas issued to Iranian nationals plummeting. NIAC will continue to work tirelessly to prevent this ban from perpetual implementation.