Community Alert on Immigration Executive Order, issued by President D. J. Trump on January 27, 2017
January 30, 2017 | Immigration News & Announcements - Butvilas & Associates PC
NOTE: This information is quickly changing and being clarified and will be published as it becomes available.
TERMS OF EXECUTIVE ORDER AS WE CURRENTLY KNOW:
- Suspends immigrant and non-immigrant admissions to the U.S. for at least 90 days for individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.
- Note: Citizens of the affected countries who hold dual citizenship with the U.S. should not be affected. Non-U.S. citizens who hold dual citizenship with the affected countries may be subject to the ban.
- Note: Other countries may be added to the ban by Executive Order at any time.
- Note: This ban may include individuals who have traveled to the designated countries as well, even if they do not hold a nationality of one of the affected countries. At a minimum, additional screening could be expected for those who have traveled to affected countries.
- Suspends the full U.S. Refugee Admissions Program (USRAP) for at least 120 days.
- Indefinitely suspends U.S. resettlement for refugees from Syria.
- Note: The ban will only be lifted when the President determines that sufficient changes have been made to ensure that the admission of Syrian refugees is in the national interest.
- May impact non-U.S. citizen individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen who are currently in the U.S.
- Despite the ban, returning Lawful Permanent Residents (LPRs), aka green card holders, may be admitted on a case-by-case basis and following a thorough security screening by the U.S. government.
- Note: Additional screening may include the search of luggage, mobile phones, computers, and electronics, including social media pages for any antiAmerican communications or posts.
- Note: LPRs returning to the U.S. after a short time abroad have the legal right to return to the U.S., barring exceptional circumstances.
- Note: LPRs should not agree to abandon or relinquish their status or sign any forms during any detention by Customs and Border Protection. They should insist on speaking with an immigration attorney and appearing before an immigration judge.
- It is important to note that individuals who arrive in the U.S. who have been persecuted or who may face persecution if returned to their home country may have a legal right to claim asylum in the U.S., and claim a credible fear of return. The Executive Order does not limit this legal right.
- Note: Non-immigrants and first time immigrant visa admissions from the listed countries may be denied entry, consistent with the Executive Order.
- Worldwide U.S. Embassies and Consulates have been instructed not to issue any nonimmigrant or immigrant visas to persons from the affected countries, consistent with the Executive Order.
What Should Individuals and Family Members from Affected Countries Do:
- Consult with an immigration attorney before traveling outside of the U.S. Many nonimmigrant visa classifications allow for extensions of stay to ensure maintenance of legal status in the U.S.
- Individuals already outside the U.S. and prevented from returning should contact an immigration attorney.
- Individuals traveling from outside the U.S. should provide a digital copy of the personal data page of their passport and any additional travel documents such as a visa or green card, in the event additional legal assistance is required during a detention by Customs and Border Protection.
- Individuals from one of the affected countries who have a pending immigration petition or application (i.e. green card) will experience delays in the adjudication of their cases. These individuals also should contact an immigration attorney, as such delays may be improper and unlawful.
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