U.S. immigration regulations - Entry requirements to the USA

The so-called Travel Ban applies to citizens of seven countries worldwide. The controversial entry ban, which was issued by president Trump, was just declared admissible by the Supreme Court.

Ratification of Travel Ban
Affected Nationalities
Exceptions
Important for applicants to know
Our recommendation

U.S. Supreme Court ratifies Travel Ban

On June 26, 2018 the U.S. Supreme Court ended the long lasting legal dispute between certain U.S. states and the Trump administration regarding the Travel Ban.

The Supreme Court judges voted the eagerly awaited pronouncement 5:4 in favor of the Trump administration and thus, affirm the last version of the entry ban.

On December 5, 2017 the U.S. Supreme Court allowed the third version of the Travel Ban to take effect – at least on a preliminary basis.

What nationalities are affected?

The Executive Order 13780, issued by president Trump in March 2017, regulates and restricts entries to the USA for seven countries. According to the U.S. Department of Homeland Security (DHS) these countries do not meet the requirements of the U.S. government.

Nationals of Iran, Libya, North Korea, Somalia, Syria, VenezuelA and YEMEN are affected by entry regulations.

• Iranian nationals do not receive non-immigrant visa (except for F, M and J visa) or immigration visa
• Libyan nationals do not receive B-1, B-2 and B-1/B-2 visa or immigration visa
• North Korean nationals do not receive non-immigrant visa or immigration visa
• Somali nationals do not receive immigration visa (non-immigrant visa applications and the entry to the U.S. is under strict review)
• Syrian nationals do not receive non-immigrant visa or immigration visa
• Government representatives of various institutions and their families from Venezuela do not receive B-1, B-2 and B-1/B-2 visa
• Yemeni nationals do not receive B-1, B-2 and B-1/B-2 visa or immigration visa

The U.S. Department of State provides a chart of all affected countries on their official website.

Exceptions

Following persons of abovementioned nationalities will continue to be able to enter the United States: 

• Lawful permanent residents (Green Card owners)
• Persons who own a valid U.S. visa at the time the travel ban comes into effect
• Persons who do not have a valid U.S. visa, but who have Advance Parole, for instance
• Nationals of the affected countries who have dual citizenship may travel with or apply for a U.S. visa with their other passport from the country not banned
• Diplomats, NATO representatives, C-2 or G-1, G-2, G-3 or G-4 visa owners or applicants
• Persons who already have refugee status
• Citizens of the countries with a currently pending lawsuit against the Executive Order in the U.S. 

For other nationals, who have only visited the countries mentioned above, an entry to the United States is still possible as well.

Important for applicants to know

Due to the very broad definition of immigration regulations, many of the visa applicants and travelers concerned can continue to apply for a U.S. visa or travel to the United States. 

Trump's new regulation furthermore allows for other countries to be added to the list of countries banned from travel to the U.S. after regular reviews, as well as some might also be removed. Accordingly, Sudanese or Iraqi nationals are no longer affected by the travel ban.

Our recommendation

We advise travelers of the countries concerned, who currently hold a valid visa and a valid status for the U.S. and who currently are in the U.S., ideally not to leave the country or respectively to check whether the exemptions permit a re-entry!

For those who hold a valid visa, we recommend inquiring with the issuing U.S. Consulate before the next entry, to see if your entry is actually permitted.

As always, we will keep you up to date on all new changes and regulations on U.S. immigration law.