Shahzad R. Khan Legal Blog

Wednesday, March 8, 2017

Muslim Ban 2.0 - A Brief Synopsis of the Major Provisions

This is a brief summary of the Executive Order issued on March 6, 2017. This order rescinds the Executive Order (13769) issued on January 27, 2017 and creates the following new rules and regulations. A summary of what the Executive Order covers is below:

Who does the ban apply to?

Foreign nationals, who do not possess a valid visa and who are outside the United States and are from Iran, Libya, Somalia, Sudan, Syria and Yemen are temporarily barred effective, March 16, 2017 (Section 1(f)).

When does the ban take effect?

The ban is effective March 16, 2017. The ban, bars persons from the six (6) countries temporarily for a period of 90 days (Section 2(c)).

The last ban had seven (7) countries, why does this ban have six (6)?

Iraq has been removed from the ban list. The EO specifically provides that the Iraqi government has undertaken steps to enhance travel documentation and has also engaged in information sharing to the satisfaction of the US government (Section 1(g)).

Can other countries be added to the ban list?

Yes, other countries can be added to the list if they do not comply with providing the US with information necessary to vet and screen foreign nationals for the proper adjudication of visas (Section 2(e)).

Who is not effected by the EO?

Persons no effected by the Executive Order (Section 3(b)) are as follows:
1. Lawful Permanent Residents of the United States (Green Card Holders)
2. Foreign nationals admitted or paroled into the US on or after March 16, 2017
3. Dual Nationals of a country on the ban list and of another country, so long as they present their passport from the unaffected country.
4. Foreign Nationals traveling on Diplomatic visas
5. Foreign Nationals granted asylum, refugees already admitted to the US, or any individual who has been granted withholding from removal, advance parole or protection under the Convention Against Torture.

Is there a waiver available for the ban?

Yes, Section 3(c) provides the necessary guidance for a waiver. Specifically, the waiver is available if the person seeking the waiver can prove an undue hardship would result and that his or her entry into the US would not pose a national security threat, and rather would be in the national interest. Other reasons outlined in the Executive Order are provided as follows:

1. (a) If you are outside of the US on March 16, 2017, and (b) you have been previously admitted to US for a continuous period of work, study or other long term activity, and (c) now you seek reentry to resume that activity and (d) a denial of reentry back into the US would impair that activity.
2. (a) If you are outside of the US on March 16, 2017, and (b) you have established significant contact with the United States.
3. Having significant business or professional obligations in the US that would be impaired if denied entry during the ban
4. Foreign national seeks to enter the US to visit or reside with a close family member, and if denied entry it would cause an undue hardship
5. Infant, young child or adoptee
6. Person needing urgent medical care or whose entry is justified by other special circumstances.
7. (a) Foreign national employed by or on behalf of the US government and (b) the employee can document that he or she has provided faithful and valuable service to the US government.
8. Foreign national is an exchange visitor (J1 visa) sponsored by the US government
9. Canadian immigrant that applied for a US visa in Canada
10. Foreign national who conducts business with the US government or such business is related to an international organization.

What does the Executive Order say about Refugees?

This Executive Order (Section 6(a)) suspends the travel of refugees into the US after then effective date of this order and for a period of 120 days. This suspension does not apply to refugees already set for transit to the US before March 16, 2017.

After 120 days, the US government will allow for refugees to resume travel into the US and will allow the review and adjudication of refugee applications for stateless persons and for nationals of countries that the government has determined based on new procedures implemented during the ban that ensure the safety and security of the US.

Is a waiver available for refugees subject to the ban?

Yes, Section 6(c) provides the necessary information on the waiver requirements. Specifically, a waiver is available to a refugee on a case-by-case basis and at the discretion of the US government, if the entry of the refugee serves the national interest and the individual does not pose a threat to national security. A waiver may also be available if the refugee can show undue hardship.

Does this Executive Order revoke visas?

No (Section 12(c) and (d)). Immigrant and non-immigrant visas issued before March 16, 2017 will not be revoked pursuant to this order. Further, an individual whose visas were marked revoked or canceled as a result of the prior executive order shall be entitled to a travel document that confirms that the individual is permitted to travel to the US.

A prior revocation or cancellation of a visa made under the prior executive order, will not be held against the individual.

Will Green Card Applications, Naturalization Applications and other such applications for immigration benefits be effected by the Executive Order?

No. USCIS will continue to process applications as normal and adjudicate them based on the merits of application.

If you have any further questions about the Muslim Ban 2.0, please feel free to contact Attorney Shahzad R. Khan at 972.961.3095 or www.srkhanlegal.com.





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