New Trump Immigration Decree Questions and Answers

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6 March US President Donald Trump signed a new executive order to tighten immigration policywhich will take effect on March 16.

Department of Homeland Security published an explanation of the norms of the decree in questions and answers.

1. To whom does the ban apply?

The new order imposes a 90-day ban on travel to the United States for citizens of 6 countries - Iran, Libya, Syria, Somalia, Sudan and Yemen - who are outside the United States and who did not have a valid US visa issued before 17:00 p.m. January 27. Citizens of these 2017 countries who received a visa before January 6, 27 will be able to enter the United States.

2. Will “transit” travelers from these countries be denied the right to enter the USA?

Those traveling on valid visas, including transit visas, will be allowed to enter the United States.

3. I am a citizen of one of the 6 banned countries currently located outside the United States but with a valid visa. Will I be able to enter the US if I have never visited this country before?

According to the decree, citizens of Sudan, Syria, Iran, Libya, Somalia and Yemen who have valid US visas will be able to enter the country. No visas will be canceled solely on the basis of an executive order.

4. I am currently in the United States on a one-entry visa, but I am a citizen of one of the 6 countries affected by the decree. Can I go abroad and return to the USA again?

Regardless of the executive order, your visa is not valid for multiple entries into the United States. Although the decree does not apply to persons in the United States. But for the next entry to the US you will need a valid visa.

5. I am currently in the US on a multi-visa, but I am a citizen of one of the 6 affected countries. Can I go abroad and return to the USA again?

Yes. Persons who are in the United States and have valid multi-visas issued prior to the effective date of this regulation are eligible to travel to the United States, outside the country and back, if it is within the validity period of the visa.

6. I am a citizen of one of the 6 countries currently in the United States, who has a valid visa and plans to travel abroad. But my visa will expire while I am abroad. Will I be able to return to the United States?

Travelers must have a valid visa to travel to the United States, regardless of the executive order. Travelers who do not have a valid visa due to the expiration of its validity must obtain a new visa to return to the United States.

7. Will the Department of Homeland Security (DHS) or the State Department (DOS) revoke the visas of those whose entry into the United States is restricted by decree?

Visas cannot be revoked or canceled on the basis of an executive order; there must be other reasons for this, which are set out in section 221 (i) of the Immigration and Nationality Law.

8. What is the appeal process for refusing entry for foreign tourists affected by an executive order?

Complaints of refusal of entry will be reviewed by the State Department, along with a visa application.

9. How will the decree affect refugees or people who have been granted asylum in the United States who were abroad at the time of its entry into force?

Persons who have already received asylum or refugee status in the United States are excluded from the decree. They can arrive in the US according to their status.

10. Will refugees be accepted with valid documents on their status who enter the United States for the first time?

Yes, but only those refugees, regardless of citizenship, whose arrival was already officially scheduled by the State Department at the time the decree came into force.

11. Will unaccompanied minors be denied the right to enter the United States under the executive order?

The order applies to those who do not have a valid visa. Anyone, including children who are seeking entry into the United States, must have a valid visa (or other approved travel document) before traveling to the United States.

12. Does DHS comply with all court orders?

DHS complies with and will comply with all court orders.

13. When will the executive order come into force?

The decree takes effect on 12: 01 Est of March 16 March 2017.

14. Will the decree affect membership in the Trusted Traveler Program?

Not. Currently, CBP (Border Guard and Customs) does not have reciprocal agreements for the Trusted Traveler Program with any of the countries specified in the decree.

15. When will CBP publish guidelines for airline companies regarding the decree?

The CBP will issue recommendations and contact stakeholders to ensure timely implementation in accordance with the provisions of the decree.

16. Are first-time travelers with valid immigration visas eligible to enter the US?

Yes. Persons who have valid visas on the effective date of the decree or 27 in January of 2017 before 17: 00 are not subject to the Decree.

17. Does this affect travelers in all ports of entry?

Yes, the decree applies to travelers who apply for entry into the United States at any port of entry into the country (on land and at sea).

18. What does exclusion from an executive order mean? How do exceptions apply to individual cases?

In accordance with the decree, the Department of Homeland Security and the Department of State may consider individual cases and refuse on a case-by-case basis if a foreign citizen demonstrates that his or her entry into the United States is in the national interest and will not pose a threat to national security.

19. “From one of the 6 countries” means resident, citizen or born?

The executive decree applies to both residents and citizens of these 6 countries.

20. Can nationals of 6 countries with valid green cards return to the United States?

According to the decree, the suspension of entry does not apply to the legal permanent residents of the United States.

21. Can a person with dual citizenship, one of 6’s citizenship in these countries, traveling with a passport from a non-restricted country, travel to the United States?

Executive decree does not apply to persons with dual citizenship of one of the 6 countries when a person travels on a passport issued by another country.

22. Can a dual citizen who is a national of one of the 6 countries in these countries and currently resides abroad apply for an immigration or non-immigration visa to the United States?

Contact the State Department for information on how the decree applies to visa applicants.

23. Does the decree apply to foreign students, exchange participants and their dependents from 6 countries (such as F, M or J visa holders)?

The decree does not apply to persons who are in the United States of America on the date of entry into force of this order, or to those who have a valid visa.

24. What happens to foreign students from 6 countries, such as F, M or J holders, if their visa expires after the decree comes into force?

An executive order does not affect holders of an F, M or J visa if they have a valid visa on the day the decree takes effect.

25. Can USCIS continue to accept applications for refugee status?

The Department of National Security and the Department of State will receive applications and interviews. However, the decree suspends decision-making on applications for refugee status, unless the head of the Department of Homeland Security and the Secretary of State jointly determine in each particular case that the entry of a person as a refugee is in the US national interest.

26. Does the decree apply to persons who are currently preparing for naturalization?

USCIS will continue to review applications for naturalization (form N-400) and applications for registration of permanent residence or status adjustment (form I-485) and grant citizenship in accordance with current practice.

27. Will immigrants from 6 countries residing in Canada be able to enter the United States?

They have the right to apply for a visa and an exception to the decree, while in Canada.

28. Did CBP provide clear guidance to CBP employees at ports of entry regarding the decree?

The CBP has issued and will continue to issue any necessary instructions regarding the implementation of the decree.

29. What is the coordination between CBP and carriers?

CBP has maintained and will maintain constant communication with the airlines.

30. Why postponed the entry into force of the decree?

An executive decree signed by 6 March 2017 of the year provides for a proper review and setting standards for the prevention of terrorism or criminal intrusion by foreign nationals.

31. How is the suspension of the refugee reception program justified?

Some of those who came to the United States as refugees also proved to be a threat to the country's national security. For example, in October 2014, a person who was admitted to the United States as a refugee from Somalia and later became a naturalized US citizen was sentenced to 30 years in prison for attempting to use weapons of mass destruction in connection with a conspiracy. The Federal Bureau of Investigation reported that currently about 300 people who came to the United States as refugees are subject to counter-terrorism investigations.

32. How were the 6 countries selected in the executive order?

Six countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) have already been identified as representing concerns about terrorism when traveling to the United States.

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