The Supreme Court of the United States has agreed to hear a case involving the implementation of the travel ban proposed by the Trump Administration earlier this year. The travel ban was originally supposed to exclude people seeking to enter the United States from Iran, Libya, Somalia, Sudan, Syria, and Yemen, from entering the country. This included visitors on travel visas, workers, students, and even those who had previously been vetted by the government and given permission to enter the United States. Refugees from all countries were to be banned from entry for a period of time.
While the Supreme Court will hear the full case later this year, it allowed the travel ban to go into effect restricting the entry of some people, but allowing those with “bona fide relationships” to the United States to be allowed entry. The problem that is developing with this ruling is that there was no exhaustive definition of what made up those bona fide relationships.
The Supreme Court did give some examples of the kinds of relationships that would meet the definition, but the rules that are developing are more restrictive than most people expected. In the examples of bona fide relationships, the Supreme Court listed close family members, students, and workers who have an offer of employment.
The new guidelines that have been issued by the administration following the court’s ruling have restricted close family members to people who belong to a traditional nuclear family, as well as some in-laws. This has excluded grandparents, cousins, and others who may otherwise have been close family members. Fiancées were later added to the list of those who would be allowed to travel to the country despite the ban. For people wanting to come into the United States with a bona fide relationship with an entity, the relationship has to be formal and long established, not a relationship created to avoid the travel ban.
Refugees will still remain largely restricted from entering the United States, but those with bona fide relationships will likely be allowed entry. For example, if a father already entered the United States as a refugee, his wife and children will not likely be affected by the ban. On the other hand, a family of refugees whose only tie is to an aid agency is unlikely to be allowed entry under current rules.
The new rules have cleared up some of the confusion that came with the implementation of the first travel ban. Therefore, those with legal permanent residence in the United States should not have any issues coming into the country, as well as those with student or work visas that were previously granted and are still valid.
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More legal challenges are expected as the government begins to implement the new rules related to the travel ban. If you are concerned or confused about how the partial implementation of the travel ban will affect you or your family members in the six countries, contact our multi-lingual staff to speak to an experienced immigration attorney from Strassburg, Gilmore & Wei, LLP today.