Executive Order: “Protecting the Nation from Terrorist Attacks by Foreign Nationals” – UPDATED

President Trump’s Executive Order allows us to review current screening procedures, while protecting national security – our top priority when issuing visas.

The U.S. government’s national security screening and vetting procedures for visitors are constantly reviewed and refined to improve security and more effectively identify individuals who could pose a threat to the United States. We welcome every opportunity to continue to review and improve our systems and procedures.

Working closely with the Department of Homeland Security, we are implementing the Executive Order. We will announce any changes affecting travelers to the United States as soon as that information is available.

A: Under the Executive Order, the Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, will immediately conduct a review to ensure that the information available from a foreign country to be used in the processing of an application for a visa or other immigration benefit is adequate to uphold the integrity of the process.

To allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals, the Executive Order imposes on nationals of certain designated countries a 90-day bar on entry into the United States.  This bar also includes a 90-day prohibition on visa issuance.  These countries, as designated by Congress or the Secretary of Homeland Security, are:  Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen.

In adjudicating both admission to the United States and issuance of visas, both DHS and DOS will continue to apply all appropriate security vetting procedures.

We will announce any other changes affecting travelers to the United States as soon as that information is available.

A: Beginning January 27, 2017, travelers who have nationality of one of these countries will not be permitted for 90 days to enter the United States or be issued an immigrant or nonimmigrant visa. Those nationals holding valid immigrant or nonimmigrant visas will not be permitted to enter the United States during this period. Visa interviews will generally not be scheduled for nationals of these countries during this period.

A: The Department of Homeland Security and Department of State may, when in the national interest, issue visas or allow entry to nationals of countries for which visas and entry are otherwise blocked under this Executive Order.

We are working closely with the Department of Homeland Security to identify exceptions to this Executive Order that are in the national interest and will provide additional details as they are available.

This Executive Order does not restrict the travel of dual nationals, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa.  They may resume travel to the United States.

Our Embassies and Consulates around the world will process visa applications and issue nonimmigrant and immigrant visas to otherwise eligible visa applicants who apply with a passport from an unrestricted country, even if they hold dual nationality from one of the seven restricted countries.

As before the Executive Order, dual nationals of Iraq, Iran, Syria, and Sudan are not eligible for the Visa Waiver Program and must have a visa for travel.  Such individuals may apply for a visa as needed at a U.S. Embassy or Consulate.  Dual nationals of Yemen, Libya, and Somalia and a Visa Waiver Program country may continue to travel under the VWP unless they have travelled to any of the seven countries on or after March 2011, in which case they must first apply for a U.S. visa.

This Executive Order does not restrict the travel of dual nationals from any country, so long as they hold the passport of an unrestricted country and possess a valid U.S. visa, if required.

As stated by the U.S. Secretary of Homeland Security, “In applying the provisions of the president’s executive order, I hereby deem the entry of lawful permanent residents to be in the national interest.  Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.”

For further information about U.S. LPRs, we would refer you to DHS.

A: Also effective immediately, the Department of State will require visa interviews for all visa applicants except:

o   Diplomatic and official visa applicants from foreign governments and international organizations (categories: A-1, A-2, G-1, G-2, G-3, G-4, NATO-1 through -6, C-2 and C-3);

o   Applicants under the age of 14, or over the age of 79;

o   Applicants who previously held a visa in the same category that expired less than 12 months prior to the new application.

Previously, applicants renewing their visas in the same category within 48 months of expiration were eligible for their interview to be waived, as were first-time Brazilian and Argentine applicants ages 14-15 and 66-79.

As always, a consular officer must require that any applicant appear for an in-person interview in any situation where information provided on the application or during the screening process indicates any reason for further questioning.

All visa applications, including those cases above, for which the visa interview is waived, are subject to the same rigorous security screening.

The Department of State is committed to facilitating legitimate travel while ensuring the security of U.S. borders and the American people.  Additional information on the visa process can be found at travel.state.gov.

A: We refer you to our published visa issuance statistics on our website, travel.state.gov, located here:https://travel.state.gov/content/visas/en/law-and-policy/statistics.html. Please note that these statistics do not reflect travelers who may hold more than one nationality.

A: At this time, there are no changes to the Visa Waiver Program, administered by the Department of Homeland Security. We refer you to DHS for more information.  A list of countries included in the Visa Waiver Program is available here:  https://travel.state.gov/content/visas/en/visit/visa-waiver-program.html