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MARCH 24, 2017 INDIA ABROAD 41 IMMIGRATION
By Allen E. Kaye
The Department of Homeland Security provided the
following official list of questions and answers regarding the entry of foreign terrorists prior to the federal
judge blocking the President’s Executive Order:
Who is subject to the suspension of entry under the
President’s new Executive Order?
According to the Executive Order, foreign nationals
from Sudan, Syria, Iran, Libya, Somalia, and Yemen,
who are outside the United States and who did not
have a valid visa at 5 p.m. Eastern Standard Time on
January 27, 2017, and do not have a valid visa on the
effective date of this order are not eligible to enter the
U.S while the temporary suspension remains in effect.
Thus any individual who had a valid visa either on
January 27, 2017 (prior to 5:00 p.m.) or holds a valid
visa on the effective date of the Executive Order is not
barred from seeking entry.
Will “in-transit” travelers within the scope of the Ex-
ecutive Order be denied entry into the U.S. and re-
turned to their country of origin?
Individuals traveling on valid visas and arriving at a
U.S. port of entry will still be permitted to seek entry
into the country. Foreign nationals traveling with a
visa must continue to satisfy all requirements for
entry, including demonstrating that they are admissi-ble. Additional information on applying for admission
to the U.S. is available on CBP.gov.
I am a national from one of the six affected countries
currently overseas and in possession of a valid visa, but
I have no prior travel to the U. S. Can I travel to the U. S.?
Foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen who have valid visas will not be affected by this Executive Order. No visas will be
revoked solely based on this Executive Order.
I am in the U.S. in possession of a valid single entry
visa but I am a national of one of the six impacted
countries. Can I travel abroad and return to the U. S.?
Regardless of the Executive Order, your visa is not
valid for multiple entries into the Unites States. While
the Executive Order does not apply to those within the
U.S and your travel abroad is not limited, a valid visa
or other document permitting you to travel to and
seek admission to the U.S. is still required for any subsequent entry to the U.S.
I am in the U. S. in possession of a valid multiple entry
visa but am a national of one of the six affected coun-
tries, can I travel abroad and return to the U. S.?
Yes. Individuals within the U.S. with valid multiple
entry visas on the effective date of the order are eligible for travel to and from the U.S., provided the visa
remains valid and the traveler is otherwise admissi-ble. All foreign nationals traveling with a visa must
satisfy all admissibility requirements for entry. Additional information on applying for admission to the
U.S is available on CBP.gov.
I am from one of the six countries, currently in the U. S.
in possession of a valid visa and have planned over-
seas travel. My visa will expire while I am overseas,
can I return to the U. S.?
Travelers must have a valid visa to travel to the U.S.,
regardless of the Executive Order. Travelers with no
valid visa due to its expiration while abroad must obtain a new valid visa prior to returning to the U.S.
Will the Department of Homeland Security and the
State Department be revoking the visas of persons in-
eligible to travel under the revised Executive Order?
Visas will not be revoked solely as a result of the Executive Order. The Department of State has broad authority under Section 221(i) of the Immigration and
Nationality Act to revoke visas.
What is the process for overseas travelers affected by
the Executive Order to request a waiver?
Waivers for overseas travelers without a valid U.S.
visa will be adjudicated by the Department of State in
conjunction with a visa application.
How are returning refugees and asylees affected by the
Returning refugees and asylees, i.e., individuals who
have already been granted asylum or refugee status in
the U.S., are explicitly excepted from this Executive
Order. As such, they may continue to travel consistent
with existing requirements.
Are first-time arrival refugees with valid /travel docu-
ments allowed to travel to the U. S.?
Yes, but only refugees, regardless of nationality,
whose travel was already formally scheduled by the
Department of State, are permitted to travel to the U.S.
and seek admission. The Department of State will
have additional information.
Will unaccompanied minors within the scope of the
Executive Order be denied boarding and or denied
entry into the U.S.?
The Executive Order applies to those who do not
have valid visas. Any individuals, including children,
who seek entry to the U.S. must have a valid visa (or
other approved travel document) before travel to the
U.S. The Secretary of State may issue a waiver on a
case-by-case basis when in the national interest of the
U.S. With such a waiver, a visa may be issued.
Is DHS complying with all court orders?
DHS is complying, and will continue to comply, with
all court orders in effect.
When will the Executive Order be implemented?
The Executive Order is effective at 12:01 a.m., East-
ern Standard Time, on March 16, 2017.
Will the Executive Order impact Trusted Traveler Pro-
No. Currently, CBP does not have reciprocal agree-
ments for a Trusted Traveler Program with any of the
countries designated in the Executive Order.
When will CBP issue guidance to both the field and air-
lines regarding the Executive Order?
CBP will issue guidance and contact stakeholders to
ensure timely implementation consistent with the
terms of the Executive Order.
Will first-time arrivals with valid immigrant visas be
allowed to travel to the U. S.?
Yes. Individuals holding valid visas on the effective
date of the Executive Order or on January 27, 2017
prior to 5:00 p.m. do not fall in the scope of the Order.
Does this affect travelers at all ports of entry?
Yes, this Executive Order applies to travelers apply-
ing for entry into the U.S. at any port of entry—air,
land, or sea—and includes preclearance locations.
What does granting a waiver to the Executive Order
mean? How are waivers applied to individual cases?
According to the Order, the Departments of Home-
land Security and State can review individual cases
and grant waivers on a case-by-case basis if a foreign
national demonstrates that his or her entry into the
U.S. is in the national interest, will not pose a threat to
national security, and that denying entry during the
suspension period will cause undue hardship.
Does “from one of the six countries” mean citizen, na-
tional, or born in?
The Executive Order applies to both nationals and
citizens of the six countries.
How does the lawsuit/stay affect DHS operations in im-
plementing this Executive Order?
Questions regarding the application of specific fed-
eral court orders should be directed to the Department
( To be continued)
Q&A: Protecting the US From
Foreign Terrorist Entry
Allen E Kaye, a Phi Beta Kappa graduate of Queens
College of the City of New York, Columbia Law School
(JD) and New York University Law School (LLM), is
the President of the Law Offices of Allen E Kaye and
Associates and Of Counsel to Pollack, Pollack, Isaac
and DeCicco. He is a past National President of
the American Immigration Lawyers Association and
Co-Chair of the Immigration Committee of the Queens
County Bar Association. He has been selected by
Martindale-Hubbell as a 2014 “Top Rated Lawyer”
in the practice of Labor and Employment (for Immigration) and the 2017 Edition of The Best Lawyers in
Questions for publication may be sent to Kaye at 225
Broadway, Suite 307, New York, NY 10007, or by email
at AllenEKaye5858@gmail.com or firstname.lastname@example.org
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