Article By By Bernard Wolfsdorf, Esq. and Joseph Barnett, Esq
While sharing some similarities with the first travel order, there are many differences, including the dropping of Iraq from the list of affected countries. Also relevant are several exceptions, listed below:
Waivers to the suspension of entry to foreign nationals of the designated countries are allowed by the U.S. Customs and Border Protection (“CBP”) or a consular officer on a case-by-case basis if the foreign national has demonstrated to the officer’s satisfaction that denying entry during the suspension period would cause “undue hardship”, and that his or her entry “would not pose a threat to national security and would be in the national interest”, which includes:
The foreign national has previously been admitted to the United States for a continuous period of work, study, or other long-term activity, is outside the United States on the effective date of this order, seeks to reenter the United States to resume that activity, and the denial of reentry during the suspension period would impair that activity;
The foreign national has previously established significant contacts with the United States but is outside the United States on the effective date of this order for work, study, or other lawful activity;
The foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry during the suspension period would impair those obligations;
The foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry during the suspension period would cause undue hardship;
The foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;
The foreign national has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee) and the employee can document that he or she has provided faithful and valuable service to the United States Government;
The foreign national is a landed Canadian immigrant who applies for a visa at a location within Canada; or
The foreign national is traveling as a United States Government-sponsored exchange visitor.
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