Posted: 1:38 am ET
On January 27, President Trump signed an executive order suspending the entry of refugees to the United States for FY2017 for 120 days. The E.O also proclaimed the entry of certain aliens as “detrimental to the interests of the United States” and declared the suspension of their entry into the United States for 90 days. The aliens referred to are from countries cited under Section 217(a)(12) of the INA, 8 U.S.C.1187(a)(12) according to the executive order. These are the same countries cited under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015: Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.
The State Department issued an urgent notice on January 27:
Per the Executive Order on Protecting the Nation from Terrorist Attacks by Foreign Nationals signed on January 27, 2017, visa issuance to nationals of the countries of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen has been suspended effective immediately until further notification. If you are a citizen of one of these countries, please do not schedule a visa appointment or pay any visa fees at this time. If you already have an appointment scheduled, please DO NOT ATTEND. You will not be permitted entry to the Embassy/Consulate. We will announce any other changes affecting travelers to the United States as soon as that information is available.
It appears that not only has the U.S. Government suspended the entry and processing of visas for this seven Muslim-majority countries, it also made the State Department “provisionally revoked” (with exceptions) the valid visas issued to citizens from these seven countries. If the travel ban is lifted after 90 days, the rules allow for the reinstatement of visas, presumably with whatever “extreme vetting” the government will have in place by then.
Provisional revocation via the Federal Register:
In cases where the person subject to a provisional revocation is found to be eligible for the visa, the visa will be reinstated with no need for reapplication. However, with the exception of provisional revocations, an applicant whose visa has been revoked must apply for another visa, at which time his or her eligibility for the visa will be adjudicated.
Questions for the State Department
We asked the State Department how the EO affects dual-nationals, green card holders and travelers from these seven countries. We also asked previously if travelers issued visas on the day the EO was issued now expect that those visas no longer have validity. We wanted to know if consular posts are canceling all visa appointments/refunding all visa application fees from applicants in the affected countries. We requested an estimate of how many applicants were in the pipeline when the ban took effect.
We get to ask our questions but we don’t always get the response we need. For travelers who are nationals/dual-nationals of the seven countries, a State Department official speaking on background offered the following:
Beginning January 27, 2017, travelers who have nationality or dual nationality of one of these countries [Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen] will not be permitted for 90 days to enter the United States or be issued an immigrant or nonimmigrant visa.
Those nationals or dual nationals holding valid immigrant or nonimmigrant visas will not be permitted to enter the United States during this period. Visa interviews will generally not be scheduled for nationals of these countries during this period.
So the suspension affects not only the entry to the U.S. but also the issuance of immigrant (green card) and nonimmigrant (temporary) visas. An SBU cable reportedly went out to all posts last Saturday explaining the executive order. The State Department official says, “As we would for any operational change, we communicated instructions to our consulates in affected countries and around the world.”
The State Department official cites an exception to the ban on a “case-by-case” basis and when “in the national interest.”
The Department of Homeland Security and Department of State may, on a case-by-case basis, and when in the national interest, issue visas or allow entry to nationals of countries for which visas and entry are otherwise blocked under this Executive Order.
Asked specifically about dual-nationals, the State Department official only notes about dual-national Americans:
This Executive Order should not affect dual-nationality Americans at all. U.S. citizens (although they might also have another nationality) are required to use their U.S. passport when entering and departing the United States. They do not receive visas or enter the U.S. as a foreign national, so this Executive Order does not apply to them.
The EO clearly does not apply to American citizens but it appears to be a different story in our airport terminals:
We also asked the State Department about third country dual nationals with the seven countries, for instance Canadian-Iranians or British-Iraqi citizens. The State Department directed us to check with Homeland Security. As of this writing, we have not heard a response. Meanwhile, the chaos continue.
Israeli Dual Nationals With Seven Restricted Countries
The US Embassy in Tel Aviv posted the following message which contradicts the information we received from the State Department on dual nationals:
Travelers with an existing valid visa in their Israeli passport may travel to the United States, even if they are also a national of or born in one of the seven restricted countries (Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen). Embassy Tel Aviv will continue to process visa applications and issue visas to eligible visa applicants who apply with an Israeli passport, even if born in, or a dual national of, one of the seven restricted countries. Final authorization to enter the United States is always determined at the port of entry.
UK Dual Nationals With Seven Restricted Countries
The US Embassy in London said that “Dual nationals of the United Kingdom and one of these countries are exempt from the Executive Order when travelling on a valid United Kingdom passport and U.S. visa.” But the UKFCO has additional guidelines that seems to indicate point of origin as a factor, too, which adds to more confusion:
- the Presidential executive order only applies to individuals travelling from one of the 7 named countries
- if you are travelling to the US from anywhere other than one of those countries (for instance, the UK) the executive order does not apply to you and you will experience no extra checks regardless of your nationality or your place of birth
- if you are a UK national who happens to be travelling from one of those countries to the US, then the order does not apply to you – even if you were born in one of those countries
- if you are a dual citizen of one of those countries travelling to the US from OUTSIDE those countries then the order does not apply to you
- The only dual nationals who might have extra checks are those coming from one of the 7 countries themselves – for example a UK-Libya dual national coming from Libya to the US.
Canadian Dual Nationals With Seven Restricted Countries
Media reports citing DHS and the State Department says that dual nationals with the seven countries will be refused entry. This is the same thing we were told. Meanwhile, the Canadian Ambassador to the US said exactly the opposite. Canadian PM Justin Trudeau on Twitter also release a statement citing confirmation from NSA Mike Flynn that Canadian citizens including dual citizens will not be affected by the ban.
Welcome to big time confusion and chaos!
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