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Trump Administration Adds Six Countries to Travel Ban

On January 31, 2020, the Trump administration expanded the list of countries affected by Presidential Proclamation 9645, more commonly referred to as “Travel Ban 3.0.” Nigeria, Eritrea, Kyrgyzstan, Myanmar, Sudan, and Tanzania have all been added to the list after failing to meet minimum U.S. security standards. The new travel restrictions will take effect on February 21, 2020, and will include the following:

Country Immigrant Visas Nonimmigrant Visas
Eritrea issuance of immigrant visas suspended no impact
Kyrgyzstan issuance of immigrant visas suspended no impact
Myanmar issuance of immigrant visas suspended no impact
Nigeria issuance of immigrant visas suspended No impact
Sudan suspends participation in Diversity Lottery No impact
Tanzania suspends participation in Diversity Lottery No impact

Under the new travel restrictions, nationals from Eritrea, Kyrgyzstan, Myanmar and Nigeria will no longer be eligible for immigrant visas when applying at a consulate or embassy abroad thus preventing them from obtaining legal permanent residency (i.e., a green card). Individuals applying for a green card through the “adjustment of status” process from within the United States are not affected.

Nonimmigrant visas are those granted to foreign nationals temporarily seeking to enter the United States for a specific purpose (e.g., work permits or visitor/business visas). Foreign nationals from the designated countries may continue to travel on valid nonimmigrant visas (and apply for new ones), as those are not affected by the new restrictions. Previous travel restrictions remain unchanged for Libya, Yemen, North Korea, Syria, Iran, Somalia, and Venezuela. Exemptions and waivers for affected individuals may be available.

The Trump administration announced the original travel ban in January 2017. The ban was revised twice as the result of legal challenges. In October 2018, the Supreme Court of the United States upheld Travel Ban 3.0, ruling that the travel restrictions were within the scope of presidential authority under the immigration laws.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume X, Number 35

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About this Author

Melissa Manna, Ogletree Deakins Law Firm, Raleigh, Immigration Practice Group Writer
Immigration Practice Group Writer

Melissa Manna is an Immigration Practice Group Writer. Her primary focus is writing and editing legal articles relating to immigration for the firm’s online and print publications, websites, and newsletters.

Prior to joining Ogletree Deakins, Melissa spent 9 years as in-house counsel at TowerCo, one of the largest independent wireless tower companies in the U.S., representing the company in all aspects of commercial real estate. During that time she managed due diligence, advised and implemented risk management solutions, and closed transactions...

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Andrea C. Davis Employment Immigration Lawyer Ogletree
Associate

Andrea is an associate attorney in the Atlanta office of Ogletree Deakins. She focuses her practice on employment-based immigration.

Andrea completed her undergraduate studies at the University of California, Berkeley and received her Juris Doctor from the University of North Carolina School of Law. During her law school career, Andrea gained experience working in the Immigration and Human Rights Clinic, preparing non-immigrant U-visa petitions for victims of violent crimes, and interning in the Health and Public Assistance Section of the North Carolina Department of Justice. She was also the Online Editor for the North Carolina Journal of Law and Technology (NC JOLT).

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