Passports on a map of the worldOn Friday, January 27, President Trump signed an Executive Order (“EO”) suspending entry into the United States of individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, with very narrow exceptions (such as diplomas and government officials). Over the weekend, there were a lot of uncertainties and confusion at US airports. At least two Federal Judges have issued a temporary injunction against the EO. However, there has been anecdotal evidence that the Judge’s orders are NOT being followed by some CBP “Customs and Border Protection” officers. The situation is extremely fluid, but we aim to provide some guidance on this subject.
“More Certain” Scenarios:

  • Definitely Affected by the EO: If you are traveling from one of the seven countries on their passports, you will not be allowed to enter the US, even though you have a perfectly valid US visa.
  • Definitely Not Affected by the EO: If you are not from one of the seven countries and travelling on passports from other countries, your admission to the US and visa applications at US consulates will not be affected by the EO. You may be subject to the same delay and denial as part of “normal” US visa application process, but they are not related to the EO.
  • Green Cards Holders Traveling On Passports From One Of The Seven Countries: For a while, they were also detained and not allowed to enter the US. However, the ban has been lifted.
  • Green Cards Holders Must Not Sign Form I-407. The I-407 is used by someone to give up his/her green card. We have heard CBP officers coerce “green card” holders to sign the I-407. Green card holders must not sign it and stand their grounds and demand to see an Immigration Judge.

“Less Certain” Scenarios. The following are based on reports from various embassies, ports of entries, news organizations, and individuals with connections to US government officials. Please exercise caution in following them.

  • Dual Citizens Of The Seven Countries And Other Countries: For example, a dual citizen of UK and Iran: If the person is traveling to the US on the UK passport and coming from the UK, it appears that the person would be admitted. However, if the person is traveling on the Iranian passport, the person will not be admitted.
  • Dual Citizens Of The Seven Countries And The US: As a US citizen, the person should be using the US passport to enter the US anyway and should not have any problems.
  • People Flying In From The Seven Countries But Are Traveling On Other Passports: They will be subject to “extra scrutiny” and should expect delay, but they should be admitted to the US if everything else checks out.
  • Individuals Traveling To The US On Different Passports, But Were Born In One Of The Seven Countries. The passports appear to be controlling, not the place of birth, and they should be admitted to the US.
  • Individuals Traveling to the US on Valid Visas or from Visa Waiver Countries Who Have Previously Entered One Of The Seven Countries: They are not banned but may be subject to extra scrutiny, as “standard” procedures.

If you have any question or concerns, please contact Jared Leung, Immigration Attorney at Davis Miles McGuire Gardner at (480) 344-4577 or email him at jleung@davismiles.com.