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Immigration Under Trump: Part 2

-Beating the Travel Ban

Posted January 23, 2018 | By Shahzad Ahmed with NeJame Law

In our previous article, we discussed that the Trump Administration has been deliberately implementing policies to impede immigration and discourage immigrants. This series of articles is designed to educate the community about how to deal with these new challenges. Today, we advise how to overcome the challenges posed by the travel ban.

As of the date of this writing, Trump’s travel ban has gone through several modifications

The latest version, the Presidential Proclamation dated September 24, 2017, also referred to as Travel Ban 3.0, places restrictions on nationals of several countries (Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia) from being issued visas or traveling to the United States. This ban is much more narrowly tailored than the broad version of the original ban. Also, the latest version bans either immigrant visas or non-immigrant visas, or both types of visas, for nationals of these countries. The U.S. Supreme Court has permitted this version of the ban for the time being.

Here is a summary of the restrictions and some possible suggestions to discuss with your immigration attorney.

Some Tips and Strategies

  • If you are a lawful permanent resident of the United States (a green card holder), then the U.S. Customs may not bar you under the ban.
  • If you are a dual national (meaning, if you have a passport of a banned country, but also have a passport of a non-banned country), you may be well-advised to use the passport of the non-banned country.
  • If you have already been issued a U.S. visa, then you may not be barred under the ban even if you are a national of a country on the list of banned countries.
  • If you have been granted asylum or refugee status in the U.S., then you may not be barred under the ban.
  • Additionally, you may be eligible for a waiver. Even if you are subject to the ban, you may seek a waiver from the consular office or the US Customs.The waiver requires proving that: a. there would be undue hardship to yourself, your entry would not pose a threat to national security and your entry would be in the national interest. Prior to entering the U.S. or filing for a visa, consult with an experienced immigration attorney. Your attorney should assist you in preparing a strong waiver packet explaining the hardship and the national interest in your entry.

These are just some of the many tips and strategies that have worked for our clients. Each case is different and results depend upon each case and if you are subject to the ban, you should consult with your immigration attorney immediately. NeJame Law continues to develop strategies for fighting this unjust ban and will be sharing more with the immigrant community.

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