DOS Issues cable implementing EO 13780 following SCOTUS ruling | CLINIC

DOS Issues cable implementing EO 13780 following SCOTUS ruling

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The State Department has issued guidance to all U.S. diplomatic and consular posts for the implementation of Sections 2 and 6 of Executive Order 13780. On Monday, the Supreme Court decided to allow certain provisions of the administration’s travel ban and suspension of the U.S Refugee and Admissions Program, USRAP, to move forward. Please find CLINIC’s analysis of that decision here.
Implementation of both sections of the Executive Order affecting visa processing for nationals of the designated six countries (EO Section 2) and refugee admissions (EO Section 6) take effect as of Thurs., June 29, 2017 at 8 p.m. EDT. The implementation of Section 2 (regarding visa applications) will last 90 days for people from Iran, Libya, Somalia, Sudan, Syria and Yemen, and Section 6 (regarding USRAP) states the program is suspended for 120 days.
In accordance with the court’s opinion, the State Department guidance exempts both refugees and nationals from the six majority Muslim countries who have a “bona fide relationship with a person or entity in the United States.” This guidance defines a “bona fide” relationship with a person as a “close familial relationship” and further provides the following relationships will or will not be considered as “close family”:

  • Considered as close family: parents (including parents-in-law), spouses, children (including adult children), sons-in-law, daughters-in-law and siblings (whether half or whole), and all step relationships will be recognized.
  • Not considered as close family: grandparents, aunts, uncles, nieces, nephews, cousins, brothers-in-law, sisters-in-law, fiancés and any other “extended” family members.     
  • Please note, the guidance states that visa applicants classified as immediate relatives, family-based and employment-based, and any corresponding derivatives will be exempt from the executive order. Similarly, the guidance says that I-730 beneficiaries will have clear and credible close relationships to be exempted from the executive order as well.

With regard to visa applications, the State Department’s guidance says that its posts will continue to schedule interviews for those affected by the order to assess visa eligibility, exemption from ban on travel, and whether the individual otherwise qualifies for a waiver to enter the U.S.
Finally, the State Department’s guidance says suspension of entry under the executive order does not apply to individuals who are inside the United States on June 29, 2017, who have a valid visa on June 29, 2017, or who had a valid visa at 8 p.m. EDT January 29, even after their visas expire or they leave the United States.
CLINIC will monitor the travel ban’s implementation. We expect the Department of Homeland Security to issue guidance on its implementation of the travel ban soon.


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