Expanded Travel Ban 3.0: Who is Covered?

On February 21, President Trump’s newest Presidential Proclamation went into effect expanding the Travel Ban 3.0 to include certain foreign nationals of the following six countries:

• Eritrea: All immigrants, except Special Immigrants who have provided assistance to the U.S. government.
• Kyrgyzstan: All immigrants, except Special Immigrants who have provided assistance to the U.S. government.
• Myanmar (Burma): All immigrants, except Special Immigrants who have provided assistance to the U.S. government.
• Nigeria: All immigrants, except Special Immigrants who have provided assistance to the U.S. government.
• Sudan: Immigrants under the Diversity Lottery program
• Tanzania: Immigrants under the Diversity Lottery program

According to DHS, these additions were based on its assessment of updated security criteria established after the first iteration of the travel ban. Restrictions have only been placed on those seeking immigrant visas from the newly added countries. Individuals from these countries seeking nonimmigrant visas should not be restricted.

Unless an exemption applies or the individual is eligible for a waiver, the travel restrictions apply to foreign nationals of the designated countries who:

• are outside the U.S. on the applicable effective date;
• do not have a valid visa on the applicable effective date; and
• do not qualify for a reinstated visa or other travel document that was revoked under the earlier Travel Ban.

The travel restrictions in the proclamation do not apply to:

• lawful permanent residents;
• foreign nationals who are admitted to or paroled into the U.S. on or after the applicable effective date;
• foreign nationals who have a document other than a visa (e.g., transportation letter, boarding foil, advance parole document) valid on the applicable effective date or issued on any date thereafter;
• Dual nationals of a designated country who are traveling on a passport issued by a nondesignated country;
• Foreign nationals traveling on a diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G2, G-3, or G-4 visa;
• Foreign nationals who have been granted asylum in the U.S., refugees who have been admitted to the U.S.; or individuals who have been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

A waiver may be granted if a foreign national demonstrates to the consular officer’s or CBP official’s satisfaction that: (a) denying entry would cause the foreign national undue hardship; (b) entry would not pose a threat to the national security or public safety of the U.S.; and (c) entry would be in the national interest.