On January 31, 2020 President Trump issued a Presidential Proclamation expanding Travel Ban 3.0 to include certain foreign nationals of the following six countries: Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. The ban on these additional countries becomes effective February 21, 2020.
According to the Department of Homeland Security, these additions were based on an assessment from the Department of Homeland Security after reviewing updated security assessment criteria first established after the first iteration of the travel ban. Curiously, restrictions have only been placed on those seeking immigrant visas from the newly added countries. Individuals from these countries seeking nonimmigrant visas should not be restricted.
The following table reflects the countries added to Travel Ban 3.0 on January 31, 2020. All individuals are subject to exceptions and waivers set forth in in the original Proclamation.
Unless an exemption applies or the individual is eligible for a waiver, the travel restrictions apply to foreign nationals of the designated countries who: (i) are outside the U.S. on the applicable effective date; (ii) do not have a valid visa on the applicable effective date; and (iii) do not qualify for a reinstated visa or other travel document that was revoked under Presidential Executive Order 13769.
The travel restrictions in the proclamation do not apply to:
- lawful permanent residents;
- foreign nationals who are admitted to or paroled into the U.S. on or after the applicable effective date;
- foreign nationals who have a document other than a visa (e.g., transportation letter, boarding foil, advance parole document) valid on the applicable effective date or issued on any date thereafter;
- Dual nationals of a designated country who are traveling on a passport issued by a non-designated country;
- Foreign nationals traveling on a diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G-2, G-3, or G-4 visa; or
- Foreign nationals who have been granted asylum in the U.S., refugees who have been admitted to the U.S.; or individuals who have been granted withholding of removal, advance parole, or protection under the Convention Against Torture.
While waivers may be available, the U.S. Department of State has issued very few waivers for individuals from the countries listed in the initial travel ban.
If you have any questions about how this may impact your immigration case, please contact SPS Immigration PLLC.
