- The Executive Order applies to all individuals “from” the 7 designated countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. That includes Legal Permanent Residents (LPRs), nonimmigrant visa holders, immigrant visa holders, refugees, derivative asylees, Special Immigrant Visas (SIVs), etc.
- Anyone who holds a passport from a designated country is considered as being “from” the designated country. This includes dual citizens who hold passports from a designated country, as well as a non-designated country.
- CBP will be processing people based on how they present themselves at primary inspection.
- The Executive Order does not apply to people who merely traveled to designated countries. However, travel to these countries may by risky.
- Legal Permanent Residents: There appears to be some limited discretion for DHS to admit LPRs on a case-by-case basis, and following a thorough security review. LPRs will be allowed to board planes. Their cases will be adjudicated at the port of entry. We are hearing that some permanent residents are being asked to sign Form I-407 relinquishing their permanent resident status. Do not sign Form I-407. Ask to contact your attorney.
- Nonimmigrants: Nonimmigrants will be allowed to withdraw their application for admission. Expedited removal will generally only be used for those individuals who do not wish to withdraw their application for admission.
Please note that the situation is fluid, and may change at any time.