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Legal Insights
eAlert -- Immigration Update: Effect of Executive Order
01.31.2017

Dear clients and friends of the firm:

You may be getting questions from your campus community about the Executive Order (EO) "Protecting the Nation from Terrorist Attacks by Foreign Nationals” affecting citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Here are my immediate recommendations with respect to members of your campus community from these countries:

All international students in any nonimmigrant status (not just F-1 students), J-1 exchange visitors, and employees on your campus in nonimmigrant status, and applicants for adjustment of status to permanent resident with pending I-485 applicants to adjust status, and their family members, should avoid departing the United States until further notice. This includes travel to Canada, Mexico and other contiguous territories. This includes individuals who were born in one of the listed countries and have become citizens of a country not on the list. The EO directs US immigration officials to stop issuing visas and visa renewals at consular posts and to stop travelers at US ports of entry for at least 90 days even if they have unexpired visas and/or unexpired I-94 admission records. The EO has no direct impact on individuals who are in the United States and remain here.  

The US Department of Homeland Security has confirmed that the EO does not affect lawful permanent residents who already have green cards unless there is specific information that the individual poses a threat to safety or security. Permanent residents with green cards should be able to return from travel abroad. That said, I don’t recommend discretionary travel in this environment so if they can avoid travel abroad, that’s the conservative approach for now.

It will be difficult or potentially impossible to onboard new faculty from these countries for the coming academic year unless they already are in the United States. 

It will be difficult or potentially impossible for F-1 international students and J-1 exchange visitors from these countries to travel to the US for F-1/J-1 programs in 2017. This includes new arrivals with initial I-20s/DS-2019s and returning F-1/J-1s who are outside the US or depart the US.

If there is a situation involving national interest of the United States, it may be possible to apply for an exception.   

Today there are reports of information from senior officials at US Citizenship and Immigration (USCIS) saying USCIS plans to apply the "security or public-safety threat" review described in the Executive Order to adjudication of all immigration benefits at USCIS, broadening application to nonimmigrants physically present in the US who apply for immigration benefits such as extension or change of status.  We have no information on timing or scope of this change in USCIS procedures. Congressional staff expect additional guidance from DHS soon to clarify how the Executive Order will be applied going forward. We are monitoring the rapidly changing situation.

 

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