- with Inhouse Counsel
- in Canada
- with readers working within the Insurance, Retail & Leisure and Construction & Engineering industries
Green and Spiegel U.S. is closely monitoring press reporting on new travel bans that could start on January 21. According to reports, generally confirmed by the State Department but not publicly released, travelers from up to 75 countries could have visa processing paused by the State Department.
Some reporting states that this list will be subject to pause on immigrant visa processing only. However, many of the countries are already on the partial or full travel ban list. Others are or will soon be subject to travel bonds of up to $15,000 per traveler, payable online in addition to the visa fee and standard visa requirements. Therefore, it is possible that several of these countries may also face additional restrictions for non-immigrant visa travelers as well.
The full list is as follows: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, The Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Myanmar, Cambodia, Cameroon, Cape Verde, Colombia, Cote d'Ivoire, Cuba, Democratic Republic of Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, North Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, Yemen.
It is important to note that while the press reporting was not denied by State Department officials, it also is not final and is not posted on the State Department website. Therefore, it is quite possible that the final list of countries, and restrictions, may change between now and January 21. There are also likely to be exceptions, such as the exceptions to the full and partial travel bans.
The State Department said the pause is to limit applicants deemed likely to become a "public charge," and therefore use government benefits like welfare after immigration. President Trump recently posted a list of nationalities ranked by the "percentage of households receiving government assistance," and many of the countries on the current list were there as well. President Trump's tweet had no source information and did not indicate the definition of "immigrant families," since many public assistance programs are not available to those who are not U.S. citizens or Legal Permanent Residents.
Additionally, the Immigration and Nationality Act already includes a requirement that prospective immigrants must overcome a presumption of public charge. This occurs when applicants submit an I-864 Affidavit of Support. Applying an additional ban on every individual based on nationality alone is very likely to invite legal challenges.
As with the prior bans, we do not expect embassies or consulates to cancel appointments for applicants who may be subject to the ban. We advise such applicants to attend their interviews, but consult with an attorney on how and whether the ban might affect them, and whether they might benefit from any exceptions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
