TEMPORARY RESTRAINING ORDER ISSUED:
As widely reported in the news, a U.S. District Court judge issued a Temporary Restraining Order (TRO) which temporarily stops the executive branch from enforcing the travel ban provisions of the January 27, 2017 Executive Order. The TRO applies nationwide. AILA has confirmed the following:
DOS: DOS has confirmed that assuming there are no other issues in the case, provisionally revoked visas have been reversed and are once again valid for travel.
CBP: All CBP Field Offices have been instructed to immediately resume inspection of travelers under standard policies and procedures. All airlines and terminal operators have been notified to permit boarding of all passengers without regard to nationality.
AILA has also confirmed with CBP that individuals who arrived last weekend and had their visas physically cancelled as a result of the EO will not need to reapply for a new visa and absent any other admissibility issues will receive an I-193 waiver (Application for Waiver of Passport and/or Visa) upon arrival to the U.S. For those traveling by air, airlines have been instructed to contact CBP to receive authorization to permit boarding.
It is of note that this is a temporary order. While the Ninth Circuit denied the Department of Justice’s request for immediate intervention (stay) of the District Court’s order, the Ninth Circuit has issued an accelerated briefing schedule (the final brief on the matter is due today) and we can expect additional movement on whether the TRO will stand.
Because we do not know what tomorrow will bring, US Visa Pro strongly suggests that any persons stranded outside of the U.S., as a result of original Executive Order, immediately travel to the U.S. and remain in the U.S. Clearly the situation is fluid and can change at any time- accordingly, time is of the essence.
For those foreign nationals presently in the U.S. from one of the noted seven countries, US Visa Pro continues to advise against foreign travel.
Another item of good news is that the USCIS confirmed that the Executive Order does not apply to petitions filed for persons currently in the U.S. In a Memo, USCIS Acting Director Lori Scialabba, stated that the USCIS will continue to accept and adjudicate applications and petitions filed for or on behalf of individuals in the U.S., regardless of nationality. The Memo specifically states that Section 3 of President Trump’s January 27, 2017, Executive Order (EO)does not affect USCIS adjudication of applications and petitions filed for or on behalf of individuals in the United States. USCIS adjudication of petitions will continue regardless of the result by the Ninth Circuit in connection with the TRO.