Articles Posted in Travel Abroad

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Biden administration’s recent plan to rescind the COVID-19 travel bans by November of this year.

Want to know more? Just keep on watching.

Overview

Since January 2020, at least 6 different travel bans have been enacted by Presidential Proclamation to prevent the rapid spread of Coronavirus infections in the United States. These travel bans have temporarily suspended the entry of immigrants and nonimmigrants, who have been physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period prior to their entry or attempted entry into the United States.

The COVID-19 travel bans

  • China Visa Ban – Proclamation 9984 issued January 21, 2020 – No termination date
  • Iran Visa Ban –Proclamation 9992 issued February 29, 2020 –No termination date
  • European Schengen Area Visa Ban—Proclamation 9993 issued March 11, 2020—No termination date
    • Applies to immigrants and nonimmigrants from 26 European countries including: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland
  • Ireland and UK Visa Ban –Proclamation 9996 issued March 14, 2020 –No termination date
  • South Africa Visa Ban—Proclamation 10143 issued January 25, 2021
  • India Visa Ban –Proclamation 10199 issued April 30, 2021—No termination date
  • Brazil Visa Ban—Proclamation 10041 issued May 25, 2020 –No termination date

For a complete list and description of the travel bans please click here.

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In this video attorney Jacob J. Sapochnick provides a recap on what has happened during Donald Trump’s first 50 days as President of the United States.

On Monday March 6, 2017 President Trump signed a new executive order that will restore the travel ban on citizens of 6 Muslim-majority countries for a 90-day period beginning 12:01 a.m. eastern time on March 16, 2017. In addition, the order will restore the travel ban on refugees under the US Refugee Admissions Program and implement a suspension on all decisions for applications for refugee status for a period of 120-days from March 16, 2017.

What you need to know

Beginning March 16, 2017 at 12:01 AM the 90-day ban will be implemented for citizens of Syria, Iran, Libya, Somalia, Sudan, and Yemen who are outside of the United States, who do not have a valid U.S. visa as of the date of the order, or permanent resident card to travel to the United States. Iraq is no longer subject to the travel ban.

What has changed?

1. The executive order removes Iraq from the list of Muslim majority countries, whose citizens will no longer be prevented from seeking admission to the United States.
2. The provision banning the admission of Syrian refugees indefinitely has been removed, although applications for admission will not be decided during the 120-day period
3. Refugees who have already been formally scheduled for transit to the United States by the State Department will not be affected by the 120-day travel ban on refugees
4. No provisions have been added regarding the impact on parole
5. US officials will no longer prioritize religious minorities when considering applications for refugee admission

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In this Facebook live stream, immigration attorneys Jacob J. Sapochnick and Laurel Scott discuss the impact of the President’s Executive Orders, the Ninth Circuit’s refusal to reinstate the travel and refugee ban, and what the future of immigration looks like from here. Don’t forget to like our Facebook page to join in on future Live streams.

By federal court order, the Ninth Circuit Court of Appeals, has decided that it will not reinstate President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.” This means that the President’s 90-day travel ban of foreign nationals from seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) will no longer be enforced, as well as the 120-day suspension of the U.S. Refugee Admissions Program barring Syrians from seeking refugee admission to the United States. The government is likely to appeal the Ninth Circuit’s decision to the United States Supreme Court or seek a ruling “en banc.”

The Department of Homeland Security and Customs and Border Protection released the following statement, “In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States. This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.” This means that the Executive Order will no longer bar the entry of immigrant and non-immigrant travelers from the seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) until a Court rules otherwise. 

The United States Citizenship and Immigration Services issued a statement confirming that USCIS will continue to adjudicate and process applications and petitions filed for or on behalf of individuals in the United States, as well as applications and petitions for individuals outside of the United States, and applications for adjustment of status to permanent residence, irrespective of the beneficiary’s country of nationality. 

For more information about these executive orders please contact our office. Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this video, attorney Jacob J. Sapochnick answers one of your frequently asked questions: I stayed overseas after my green card expired. Can I renew my green card?

Overview: 

This is a very important question that we often receive from our followers. Although the green card is a permanent resident card, there are certain rules you must follow to maintain your permanent resident status. If you leave the United States for more than one year, without obtaining a re-entry permit (a document that would preserve your residency), you may risk losing your green card.

In this particular situation, a person who has been out of the country for three and a half years is now at risk of losing their permanent resident status. There are two issues that arise with this situation. The first issue is that it is not going to be possible to renew the green card from overseas. Secondly, even if the green card had not expired, trying to re-enter the United States after such a long period of absence could be a problem. This is because the presumption is that you have abandoned your permanent residency, having been out of the country for so long.

Generally, persons who have stayed overseas for more than a year, but who maintain a valid unexpired green card, may apply for re-entry to the United States by applying for a returning resident visa called SB-1 at a U.S. Consulate overseas. To be successful, you must prove that you had circumstances that were beyond your control requiring you to stay overseas. This may be difficult to prove if you have stayed overseas for a prolonged period of time. The less time you spend abroad after the year, the easier it will be to obtain the SB-1 visa. You must also show that you are not abandoning your permanent residency.

If your green card has already expired and you are overseas, it will be very difficult to re-enter the United States, especially if you have stayed overseas for a prolonged period of time. In this situation you should consult with an attorney to discuss your options based on your situation.

Recap:

  • If you leave the US for more than a year without getting, for example, a reentry permit you may lose your green card.
  • Two issues: not possible to renew it overseas and it could mean you abandoned your residency.
  • Three years is considered a long time; card now is deemed abandoned. Best thing to do is to consult an attorney.
  • If your green card has not yet expired and you have stayed overseas for more than one year, you may be able to apply for the SB-1 Returning Resident Visa.

For more information about the SB-1, please contact our office.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

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