The implementation of the Executive Order has varied greatly from airport to airport, as U.S. Customs and Border Protection (CBP) have or have not been complying with federal court emergency stays and temporary restraining order. Furthermore, the State Department and Department of Homeland Security have provided varying official statements and quotes to the media regarding the effect of the Executive Order.
Therefore, the implementation is fluid. As of the writing of this article, here are some travel precautions for people affected by the ban:
Legal Permanent Residents (Green Card Holders)
If you are a green card holder who is in the United States right now, you should try to avoid traveling outside the United States until there is consistent implementation. Right now, green card holders should be admitted to the United States. However, they are likely to be subject to extensive secondary screening. If as green card holder, you must travel abroad, it is best to travel with a signed Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) from an immigration attorney, as well as, a legal opinion letter detailing the basis for reentry.
If detained at the airport, you should NOT sign Form I-407. Signing Form I-407 means that you are abandoning your legal permanent residency. Border control has reportedly asked people to sign Form I-407, promising shorter detention at customs.
Citizens of the United States and one of the banned countries should not be affected, as long as, you travel with your United States passport.
If you are a citizen of a banned country and a non-banned country (aside from the United States), the ban will still affect you. However, CBP will process based on what passport is presented at initial screening.
Nonimmigrant Visa Holders in the United States
A nonimmigrant visa holder should try to avoid traveling outside of the United States, as they will not be allowed to reenter. However, nonimmigrant visa holders should NOT overstay their visas, as that will lead to grave immigration risks.
Nonimmigrant and Immigrant Visa Holders Abroad
Unfortunately, nonimmigrant and immigrant visa holders that have trips planned to the United States will NOT be permitted to enter. Furthermore, many airlines are not allowing people to board their expected flights.
If you or a loved one are affected by this Executive Order, please consult with an immigration lawyer to fully understand the risks and options when traveling as a result of this Executive Order.
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DISCLAIMER: Please note that information provided on ImmigraTrust Law's website and blog are meant for general information purposes only. Website content or blog posts do NOT establish an attorney-client relationship. Please consult with an attorney to talk about the specific details of your case and to obtain legal advice.
--Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at Najmeh@ImmigraTrust.com.
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