The Questions and Answers provided below are provided as a practical help from knowledgeable experts on the currently understood effects of the recently-issued Executive Order on Immigration. This information covers some frequently asked questions. However, nothing posted here is legal advice to any individual. Legal advice may only be provided by an attorney directly representing an individual client. If you need legal advice, ISSS may be able to help refer you to one.
The following is a series of frequently asked questions regarding the January 27, 2017, March 6, 2017, and September 24, 2017 Executive Orders restricting entry to the United States of nationals of certain countries, and answers based on currently available information.



Does the order impact international students who are citizens of countries not on the list of 8 countries?

Citizens of other countries are not impacted by the ban on entry, unless you are a dual citizen of one of the 8 listed countries, you were born in one of those countries, or you have traveled to one of those countries. 

I am a citizen of a country not on the list of 8, but I have dual citizenship with one of those countries. Can I travel out of the United States and reenter using my non-immigrant visa (F-1, J-1, H-4, etc.)?

The administration has stated that dual citizens are permitted to travel using passports of a country OTHER than one of the list of 8 countries.  You should expect additional screening upon your return to the United States.  If your nonimmigrant visa is in the passport of one of the listed countries, you should not travel outside the US.

I am not a citizen of one of those countries, but I traveled to one of those countries in the past. Can I travel out of the United States and reenter using my non-immigrant visa (F-1, J-1, H-4, etc.)?

You can travel outside the United States and reenter, but you should expect additional screening upon reentry to the United States.

I am a naturalized United States citizen, but I was born in or a citizen of one of the 8 listed countries. Can I travel out of the United States and reenter?

You can travel outside the United States and reenter, but you should expect additional screening upon reentry to the United States.  You should travel only using your US passport.

I am a naturalized United States citizen not born in one of the 8 listed countries. Can I travel out of the United States and reenter?

You can travel outside the United States and reenter.

I am a United States citizen but I visited one of the 8 listed countries in the past. Can I travel out of the United States and reenter?

You can travel outside the United States and reenter, but you should expect additional screening upon reentry to the United States.

I am a legal permanent resident (green card holder) of the United States, but I was born in or a citizen of one of the listed 8 countries. Can I travel out of the United States and reenter?

You can travel outside the United States and reenter.  You should expect additional screening upon reentry to the United States.

I am a legal permanent resident (green card holder) of the United States and I was not born in or a citizen of one of the 8 listed countries. Can I travel out of the United States and reenter?

You can travel outside the United States and reenter.

I hold an advance parole travel document that is valid on the effective date of the Executive Order or issued on any date after the Executive Order. Can I travel out of the United States and reenter, or can I attempt to enter the United States?

You can enter the United States though you should expect additional screening upon reentry to the United States.

Is there anything in the order that impacts foreign nationals who do NOT have ties to the 6 countries?

Yes.  The executive order eliminated the ability for certain people renewing a nonimmigrant visa to skip the interview process.  In the past, some applicants for nonimmigrant visas were able to skip an in person interview at the Consulate if they were applying to extend an existing visa.  Under the Executive Order, the circumstances under which a waiver of the interview may be granted are now more limited.  However, the State Department has confirmed that the interview waiver program still applies to applicants aged 14 and under and 79 and older.  They have also confirmed that it still applies to applicants who were issued visas that expired less than 12 months ago in the same category as they are currently seeking.  Individual consulates always reserve the ability to require an interview, even for individuals otherwise eligible for a waiver of the interview.  Travel plans should be made accordingly. 

I want to apply for H1B after I graduate and I am not a citizen (or dual citizen) of one of those countries.

Your employer can apply for H1B on your behalf.

I have heard that the new president will revoke the STEM extension of Optional Practical Training (OPT) for F-1 students. If I do not have any ties to any of the 8 countries, will my STEM extension be delayed?

STEM extensions of OPT are still available and were not part of any signed Executive Orders.  If you do not have any ties to the 8 listed countries, your STEM OPT extension should continue to be processed as they have been before the order.  If you are from one of the listed countries, your application for the STEM extension could be delayed, as explained above.

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