1-877-526-8540
Immigration Law Associates, PC

The Supreme Court Partially Lifts Travel Ban

Posted on by

On June 26, 2017, the Supreme Court partially lifted the injunctions on President Trumps revised travel ban (“EO-2”). EO-2 attempted to suspend entry of nationals from six predominantly Muslim countries for 90 days, but provided case-by-case waivers. The Supreme Court allowed this ban to go into effect on June 29, 2017 at 8 p.m. EST, but only for individuals who cannot show “a bona fide relationship to a person or entity” connected with the United States.

Department of State (“DOS”) has interpreted this to mean that all family- or employment-based immigrant visas have credible bona fide relationships, except for EB-1 and some EB-4, EB-5, and SIV applicants. Most nonimmigrant visas can also demonstrate bona fide relationships with the US, except for F, H, J, K, L, M, O, P, Q, and R visas applicants. Those who do not have inherently bona fide relationships can apply for case-by-case waivers by showing close familial relationships or formal and documented relationships to US entities.

DOS interpreted close familial relationships to include parents, mother- or fathers-in-law, spouses, fiancé(e)s, children, and siblings. However, it did not include, for example, grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers- and-sisters-in-law, etc. In addition, DOS did not give detailed guidance on what formal, documented relationships to US entities entail. Nevertheless, Hawaii has already filed a federal lawsuit to challenge this interpretation.

In conclusion, some tourists, business travelers coming to the US for conferences, Diversity Visa applicants, certain EB-1, EB-4, and EB-5 visa applicants, and certain family members from the six countries may be impacted by the EO-2 for the next 90 days. The Supreme Court will reconvene in October 2017 to hear the case fully.

Filed under: Uncategorized