Immigration Under Trump: Part 4

-How to handle the Travel Ban after the Supreme Court ruling


Posted July 11, 2018 - By Shahzad Ahmed With NeJame Law

In a previous article, we discussed the notorious Trump Travel Ban.  Then on June 26, 2018, the Supreme Court of the United States, in a 5 to 4 ruling, upheld the latest version of the Travel Ban.   This ban is abhorrent as the original motive behind it was to discriminate based along religious and nationality lines.  Nonetheless, it is the law of the land for now and we must deal with it to protect those who are affected and their families.  Here is how.

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.  (Chad was subsequently removed.)  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 good news is that there are ways of succeeding against the Travel Ban in many cases.  Notably, the Supreme Court did not create new law.  It had already permitted the ban to be implemented pending its decision.  During this time, many individuals were able to successfully beat the travel restrictions by using exceptions and waivers.  Here are 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.   One example is where the applicant has a close family member in the U.S.  Another example is if the applicant has significant business obligations.  There are many other such examples.  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.