June 27, 2018

What You Need to Know about Trump’s Muslim Ban After SCOTUS

This Question & Answers page is designed to answer your questions in regard to Trump’s Muslim Ban 3.0 after the Supreme Court’s decision to uphold it on June 26th.

What has changed?

Unfortunately, not much. If you were impacted by the Muslim Ban last week then you are still impacted by it today. What has changed is how we are fighting the Muslim Ban. We have always focused on a dual strategy of legal challenges and legislative initiatives. That is why our sister organization, NIAC Action, will double-down with other allied organizations to lay the groundwork for legislative repeal of the Muslim Ban. We will win this fight but until that happens we will continue to provide you with guidance on the ban.

Who is still affected by the ban?

The issuance of immigrant visas (including “green card lottery” diversity visas) to nationals of Iran, Libya, Somalia, Syria, Yemen, and North Korea is suspended indefinitely. Permanent residence applications are not being processed for the listed countries. This means no immigrant visas will be issued or processed. The entry of nonimmigrants from Iran is also suspended, with the exception of student visa holders (F and M visas), or exchange visitor visas (J visas). B-1/B-2 nonimmigrant visas are suspended for nationals of Libya and Yemen. Certain Venezuelan government officials and their families are also barred from entry on B-1/B-2 visas.  No nonimmigrant visas will be issued to Syrians or North Koreans. Somalis are subject to additional scrutiny but remain eligible for nonimmigrant visas.

Who is not affected by the ban?

The ban does not apply to individuals from the included countries who have been granted asylum or are already admitted as refugees inside the US.

Iranians on F, M, and J visas should be subjected to standard visa issuance procedures and not affected by the Muslim Ban.

Certain nonimmigrants from Libya (except B-1/B-2 visas), Yemen (except B-1/B-2 visas) and Venezuela (except certain government officials and their families) will be permitted to enter.  

The suspension of entry will not apply to travelers with other travel documents such as a transportation letter or advance parole document.

Section 3 of the Proclamation allows for case-by-case waivers for individuals otherwise barred from entry when the following conditions are met:

  1. A foreign national demonstrates undue hardship.
  2. Their entry would not pose a threat to national security or public safety.
  3. Their entry is in the national interest.

In practice it remains unclear what particular cases actually qualify for a waiver and the issuance of one is highly unpredictable. More information is provided in the section on waivers.

If I have a multiple-entry visa can I travel outside the U.S. and return?

This is by far one of the most common questions that U.S. visa-holders from the countries included in the Muslim Ban ask. The short answer is “yes” but do so with caution. For example, if you have a valid multiple-entry F1 visa then you can travel outside of the U.S. and return. We have heard of Iranian students with multiple-entry F1 visas who visited Iran since Muslim Ban 3.0 took effect and then returned to their studies in the U.S. without any issues. However, it is important to remember that U.S. Customs and Border Patrol agents can deny you entry to the U.S. even if you have a valid visa. There is always a risk of being turned away at the border and this risk existed prior to the Muslim Ban but appears to have risen slightly.

If I have a multiple-entry student visa, what do I need to travel outside the U.S. and return?

Since the vast majority of individuals who ask this question hold student visas, the next question will address what an F1 multiple-entry visa holder needs to travel outside the U.S. and return.

  • Valid passport with 6 months left before expiration with a valid multiple-entry visa stamped in it.
  • Valid I-20 with a signature from your ISO advisor on page 2 that is less than one year old.
  • Proof of financial support (e.g., award letters, bank statements).
  • Proof of university enrollment (e.g., admission letter, university ID, class registration).
  • Form I-901.
  • Check with your international student services for their list of recommended documents before departing as this list is subject to change.

It is best to bring as much documentation as possible. Additionally, while it is unnecessary to document your reason for travel, it always helps to be able to provide proof where possible (e.g., a wedding invitation) in case you are subjected to secondary screening.

Did the Supreme Court clarify the waiver process?

No. One dissenting opinion, i.e., the opinion of a judge who disagreed with the majority ruling, argues that the available evidence suggests that the waiver process is a sham as so few are granted. This depiction is backed up by the testimonials of consular officers, who have described the waiver process as a “fraud.” As letters responding to Sen. Van Hollen’s queries have clarified, very few waivers have been granted – less than 2% of applicants from Muslim-majority countries under the ban received a waiver, almost all of which were granted after Congress requested information from the administration.

Section 3 of the Proclamation allows for case-by-case waivers for individuals otherwise barred from entry when the foreign national demonstrates (1) undue hardship, (2) that their entry would not pose a threat to national security, and (3) that their entry is in the national interest. It remains unclear what circumstances satisfy these criteria but a medical emergency of a close family member is one situation that could hypothetically qualify for a waiver. Some individuals with fiances and spouses who have been impacted by the Muslim Ban have incorrectly presumed that a close relationship with a US person on its own satisfies the waiver standard. This does not appear to be the case. NIAC Action will continue to challenge this in Congress. For now, we recommend that anyone who believes they have a compelling case for a waiver continue to apply for a visa. Individuals in the US can also ask their legislators to check in with the administration on individual visa applications, which could help secure a waiver for family members of friends.

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 the Supreme Court decision held that “the President is not required to prescribe in advance a fixed end date for the entry restriction.” We are confident that we will eventually defeat the Muslim Ban and “extreme vetting” procedures legislatively. This will be done through NIAC Action’s support of political candidates who are dedicated to rescinding the ban, keeping the issue in the spotlight, and working with partner organizations and allied lawmakers on a legislative solution.

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. However, green card applications are not being processed.

How does 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 US on a passport issued by the EU country you will not be affected by the proclamation. However, nationals of the seven 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, 2017 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.

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