Travel Ban Implementation: Who It Affects
The Trump travel ban goes into effect today (June 29, 2017). There are two parts to the ban: the ban of the issue of certain non-immigrant visas to citizens of six designated countries and the admission of refugees.
During the ban, the US Department of State will be reviewing the vetting procedures for the issue of both non-immigrant visa and immigrant visas as well as admission of refugees. The review will determine whether existing procedures are sufficiently thorough for national security purposes. What happens after that review is completed will depend on what the findings are.
The Travel Ban Does Not Affect Everybody.
It does not affect people applying for nonimmigrant visas or immigrant visas if they are not citizens of the six designated countries.
It does not affect citizens of the six designated countries who already have green cards or already have non-immigrant visas (e.g. B-1/2, F, J, K, L, M, O, P, Q, R visas).
It does not affect citizens of the six designated countries who have been sponsored for a green card by a family member or an employer.
It does not affect citizens of the six designated countries who want a non-immigrant visa and have a qualifying relative (spouse, fiancé/e, parent, child, adult son/daughter, son/daughter-in-law, sibling) living in the U.S. Proof of the relationship will be birth certificates and marriage certificates as well as residence documents such as driver licenses, utility bills, residential leases.
It does not affect citizens of the six designated countries who want a non-immigrant visa and have a bona fide link to a US entity, e.g. an offer of a place at a university/college, an offer of a job with a US employer.
It does not affect refugees who have a qualifying relative (fiancé/e, spouse, parent, child, adult son/daughter, son/daughter-in-law, sibling) living in the U.S.
Travel Ban on the Issue of Visitor Visas for the Citizens of Six Designated Countries
The ban on the issue of visas to citizens of six designated countries lasts for at least 90 days. The countries are: Iran, Sudan, Somalia, Syria, Yemen, and Libya.
Once the 90 days have lapsed (i.e. September 26, 2017), there will be further announcement about whether the ban will be lifted for all six countries, extended solely for the six designated countries, extended for only some of the six designated countries, or expanded to include other countries.
The 90 day ban is disruptive but the disruption affects a relatively small number of people. The people most likely to be affected are those who wish to visit the U.S. on vacation but don't have the necessary qualifying relative.
The US Department of State typically issues about 10 million non-immigrant visas every year, of which 8 million are visitor visas. In 2016, the US Department of State issued 43,000 visitor visas to people from the six designated countries. Less than 1% of visitor visas are issued to people from the six designated countries.
Adjusted to reflect the ban was not in place for the first three quarters of the current fiscal year, these statistics means a maximum of about 10,750 people may experience temporary delays on their visitor visas. The actual number will be lower because at least some will be able to prove they have the necessary qualifying relative.
Travel Ban on the Issue of Diversity Lottery Immigrant Visas for the Citizens of Six Designated Countries
The US government issues up to 50,000 diversity lottery immigrant visas each year. Most are issued through the US Department of State because most recipients are outside the U.S. so go to a U.S. consulate to obtain their immigrant visa. Statistics show people from the six designated countries win about 9,500 (19%) Diversity Lottery immigrant visas .
During the first two quarters of the current fiscal year, 20,516 Diversity Lottery immigrant visas were issued. Proportionately, this means that there were about 5,601 people from the six designated countries who were still waiting for their immigrant visas as of March 31, 2017. Assuming processing has continued without disruption during the last 90 days, this means about 2,800 people are at risk for delays to their Diversity Lottery immigrant visa processing. The actual number may be slightly lower if some have the necessary qualifying relative already living in the U.S.
If these 2,800 people do not get their immigrant visa by September 30, 2017, they will lose their opportunity for the immigrant visa. This will be a serious harm. Although they could apply again for the Diversity Lottery, there is no guarantee they would win again.
Travel Ban on Refugees
The ban on refugee admissions to the US lasts for 120 days, i.e. October 20, 2017.
The US government imposes a ceiling on how many refugees it will allow to enter the U.S. each year. For this fiscal year, the ceiling is 110,000. By the end of May 2017 (the second quarter of the current fiscal year), the US had admitted 63,011 refugees. The travel ban, then affects the remaining 46,989 who could have expected to enter the US by September 30, 2017.
Effectively, the travel ban means no more refugees will enter the U.S. between now and October 20, 2017 with exception for those who already have a relative living in the U.S.
During the ban, the US Department of State will be reviewing the vetting procedures for the issue of both non-immigrant visa and immigrant visas as well as admission of refugees. The review will determine whether existing procedures are sufficiently thorough for national security purposes. What happens after that review is completed will depend on what the findings are.
The Travel Ban Does Not Affect Everybody.
It does not affect people applying for nonimmigrant visas or immigrant visas if they are not citizens of the six designated countries.
It does not affect citizens of the six designated countries who already have green cards or already have non-immigrant visas (e.g. B-1/2, F, J, K, L, M, O, P, Q, R visas).
It does not affect citizens of the six designated countries who have been sponsored for a green card by a family member or an employer.
It does not affect citizens of the six designated countries who want a non-immigrant visa and have a qualifying relative (spouse, fiancé/e, parent, child, adult son/daughter, son/daughter-in-law, sibling) living in the U.S. Proof of the relationship will be birth certificates and marriage certificates as well as residence documents such as driver licenses, utility bills, residential leases.
It does not affect citizens of the six designated countries who want a non-immigrant visa and have a bona fide link to a US entity, e.g. an offer of a place at a university/college, an offer of a job with a US employer.
It does not affect refugees who have a qualifying relative (fiancé/e, spouse, parent, child, adult son/daughter, son/daughter-in-law, sibling) living in the U.S.
Travel Ban on the Issue of Visitor Visas for the Citizens of Six Designated Countries
The ban on the issue of visas to citizens of six designated countries lasts for at least 90 days. The countries are: Iran, Sudan, Somalia, Syria, Yemen, and Libya.
Once the 90 days have lapsed (i.e. September 26, 2017), there will be further announcement about whether the ban will be lifted for all six countries, extended solely for the six designated countries, extended for only some of the six designated countries, or expanded to include other countries.
The 90 day ban is disruptive but the disruption affects a relatively small number of people. The people most likely to be affected are those who wish to visit the U.S. on vacation but don't have the necessary qualifying relative.
The US Department of State typically issues about 10 million non-immigrant visas every year, of which 8 million are visitor visas. In 2016, the US Department of State issued 43,000 visitor visas to people from the six designated countries. Less than 1% of visitor visas are issued to people from the six designated countries.
Adjusted to reflect the ban was not in place for the first three quarters of the current fiscal year, these statistics means a maximum of about 10,750 people may experience temporary delays on their visitor visas. The actual number will be lower because at least some will be able to prove they have the necessary qualifying relative.
Travel Ban on the Issue of Diversity Lottery Immigrant Visas for the Citizens of Six Designated Countries
The US government issues up to 50,000 diversity lottery immigrant visas each year. Most are issued through the US Department of State because most recipients are outside the U.S. so go to a U.S. consulate to obtain their immigrant visa. Statistics show people from the six designated countries win about 9,500 (19%) Diversity Lottery immigrant visas .
During the first two quarters of the current fiscal year, 20,516 Diversity Lottery immigrant visas were issued. Proportionately, this means that there were about 5,601 people from the six designated countries who were still waiting for their immigrant visas as of March 31, 2017. Assuming processing has continued without disruption during the last 90 days, this means about 2,800 people are at risk for delays to their Diversity Lottery immigrant visa processing. The actual number may be slightly lower if some have the necessary qualifying relative already living in the U.S.
If these 2,800 people do not get their immigrant visa by September 30, 2017, they will lose their opportunity for the immigrant visa. This will be a serious harm. Although they could apply again for the Diversity Lottery, there is no guarantee they would win again.
Travel Ban on Refugees
The ban on refugee admissions to the US lasts for 120 days, i.e. October 20, 2017.
The US government imposes a ceiling on how many refugees it will allow to enter the U.S. each year. For this fiscal year, the ceiling is 110,000. By the end of May 2017 (the second quarter of the current fiscal year), the US had admitted 63,011 refugees. The travel ban, then affects the remaining 46,989 who could have expected to enter the US by September 30, 2017.
Effectively, the travel ban means no more refugees will enter the U.S. between now and October 20, 2017 with exception for those who already have a relative living in the U.S.
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