Tills Visa Law

Stephen K. Tills, Attorney at LAW

Roll-out of the Trump Immigration E.O.s

Trump’s Immigration Executive Order (EO ) Sends Shock Waves.

Of the 8 policy changes made on Friday, the 2 causing the most confusion were the suspension of Visas from Nationals of the 7 primarily muslim countries, and the 90 day pause on refugee admissions.  After the announcement,

Winning?   Yyyeee … No.  The roll-out of the Immigration E.O.s was bungled by the Trump administration.  Sorry Mr. President but if you were on the outside observing,  we would see tweets like  “Sad! Our Immigration system is so badly managed. Our safety depends on you. DHS* must be smart!”

eo-trumpAlthough temporary in nature, President Trump’s Orders effect Immigrants who are from Somalia,  Iran, Syria, Iraq, Yemen, Libya and Sudan.  For at least 90 days, all visa applications filed by Nationals from the 7 countries are on hold.  That includes Visitor visas,  Immigrant visas,  refugee and asylee applications for those seeking entry to the U.S., as well numerous applications for those already in the U.S..

FOLLOWING THE ANNOUNCEMENT, the Public needed to know further information on the implementation:
1) Whether those who are nationals of one of the 7 countries but had U.S. Green Card status were subject to the ban upon reentry,  and
2) whether all Immigration-related applications  would be stopped for Nationals of those 7 countries.  It is now 5 days later, and the answer to these questions is still not clear.

Green Card holders are not treated as applicants for admission if they are returning to the U.S. from a brief trip abroad.  The law provides 6 specific circumstances where LPRs can be found to be re-applying for admission, and INA 212(f) which the President invoked is not one of the 6.

As far as which applications were included in the ban on visa issuance,  on Monday U.S. CIS** indicated that all applications were on hold.  On Tuesday (Jan31,2017), we learned that applications for citizenship were NOT included in the ban.

*DHS:Department of Homeland Security
**United States Citizenship and Immigration Services (USCIS)


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