On January 31, 2020, President Trump issued a Proclamation extending the existing “travel ban” to six (6) additional countries. This new travel ban prevents citizens of Eritrea, Kyrgyzstan, Myanmar (Burma) and Nigeria, from pursuing immigrant visas, with some exceptions. Note that non-immigrant or temporary travel from the newly added countries is specifically excluded by this Proclamation. Also included in the “travel ban” is a restriction on citizens of Sudan and Tanzania pursuing the Diversity Visa (“DV Lottery”) immigrant visa.\
Travel Ban Exemptions:
- United States Citizens and Lawful Permanent Residents,
- Foreign nationals admitted or paroled to the United States on or after the effective date,
- Foreign nationals with travel documents that are not visas that are valid before or issued after the effective date,
- Dual nationals traveling on a passport that is not one of the affected countries,
- Those traveling on a diplomatic or related visa,
- Those pursuing Special Immigrant Visas or
- Foreign nationals who have already been granted asylum, refugees who have already been granted admission, and those who have been granted withholding of removal, advance parole, or protections under the Convention Against Torture.
Discretionary waivers of the travel ban are available in the immigrant visa context to those who can demonstrate (1) undue hardship if entry is denied; (2) entry would not post a threat to national security and (3) entry is in the national interest.
The new travel ban will take effect on February 21, 2020.