Executive Order on Visas

Executive Order on Visas

by Suaila

On June 26, 2017, the United States Supreme Court issued an order agreeing to hear the Administration’s appeals of two rulings by Federal Appeals Courts regarding Executive Order 13780 and partially granting the government’s request to stay the lower courts’ injunctions.  We will keep those traveling to the United States and partners in the travel industry informed as we implement the order in a professional, organized, and timely way. 

As of June 29, 2017, we began implementing the Executive Order at our embassies and consulates abroad in compliance with the Supreme Court’s decision and in accordance with the Presidential Memorandum issued on June 14, 2017.  Our implementation is in full compliance with the Supreme Court’s decision.

On July 13, 2017 the U.S. District Court in Hawaii issued a ruling regarding the definition of “close familial relationship,” as that phrase was used in the Supreme Court’s June 26, 2017 order on implementing Section 2(c) of E.O. 13780.  A close familial relationship for that purpose was previously defined under U.S. Government guidance as a parent (including parent-in-law), spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half, and including step relationships.  The District Court ruled that, in addition to those relationships, grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts and uncles, ‎nephews and nieces, and cousins also be included in the definition of “close familial relationship.”

We do not plan to cancel previously scheduled visa application appointments.  In accordance with all applicable court orders, for nationals of the six designated countries, a consular officer will make a determination in the course of the interview whether an applicant otherwise eligible for a visa is exempt from the E.O. or, if not, is eligible for a waiver under the E.O., and may be issued a visa.

The E.O. provides specifically that no visas issued before its effective date will be revoked pursuant to the Executive Order, and the E.O. does not apply to nationals of affected countries who had valid visas on June 29, 2017. 

The E.O. further instructs that any individual whose visa was marked revoked or cancelled solely as a result of the original E.O. issued on January 27, 2017 (E.O. 13769) will be entitled to a travel document permitting travel to the United States, so that the individual may seek entry.  Any individual in this situation who seeks to travel to the United States should contact the closest U.S. embassy or consulate to request a travel document.

For more information please visit DOS website

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