President Biden Revokes Travel Ban

As mentioned in the prior blog, during his first day in office, President Biden revoked the Travel Ban instituted by the Trump Administration in February of 2017. The “Proclamation on Ending Discriminatory Bans on Entry to The United States” effective immediately revoked Executive Order 13780 of March 6, 2017 (Protecting the Nation From Foreign Terrorist Entry Into the United States), Proclamation 9645 of September 24, 2017 (Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), Proclamation 9723 of April 10, 2018 (Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats), and Proclamation 9983 of January 31, 2020 (Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats).  The Proclamation stated that “Our national security will be enhanced by revoking the Executive Order and Proclamations.”

The Proclamation directed the Secretary of State to direct all Embassies and Consulates to begin visa processing for those countries previously affected by the ban. The Secretary of State has 45 days to provide the President with a report that addresses: 1) a plan for expeditiously adjudicating visa applicants who were already being considered for a waiver under the now revoked Trump Proclamations. 2) A proposal to ensure the reconsideration of visa applications of previous applicants who had their visa rejected because of the Trump Proclamations, a plan to expedite the consideration of prior visa applications and whether an additional fee is appropriate. 3) Finally a plan to ensure that persons who previously had their visas denied because of the Trump Proclamations are not prejudiced by the prior denial.

This is great news for the millions of people affected by the now extinct ban! If you have a valid visa that allows for re-entry and there are no other constraints due to having filed an I-140, you are now (COVID-19 travel restrictions permitting) free to travel home and your family members can now apply for visas to visit the U.S.

We strongly urge our clients to check with us before travelling in the event there may be any issues related to international travel that apply to your case. Also, given the Biden administrations strong stance on fighting COVID-19, any international travel presently presents a very real risk of not being able to return to the U.S. because of potential COVID related travel restrictions.

You can read President Biden’s Proclamation here.

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