The order does not apply to those already in the United States, and it gives the Trump administration some leeway in making other exceptions. For example, immigrants applying for visas to provide labor "essential to the United States food supply chain" are exempt. Individuals "whose entry would be in the national interests" as determined by the federal government are exempt as well.
It's implied that renewals fall under "the order does not apply to those already in the United States", but is frankly not direct or transparent enough to give comfort for those who have to leave the country temporarily to process their visa renewals. There were plenty of renewal snafus even before the current administration, and the vagueness of these EOs certainly don't make things better.
> It's implied that renewals fall under "the order does not apply to those already in the United States", but is frankly not direct or transparent enough to give comfort for those who have to leave the country temporarily to process their visa renewals.
It specifically does not apply those in the US on the date of the proclamation or with a valid nonimmigrant visa or nonvisa entry document. So, no, there is no ambiguity on the face on this point. (That is, it expressly only applies to those outside the US on the date it becomes effective, who don't have a visa, and don't have a nonvisa travel document.)
And current visa holders that aren't in the US right now have a problem. Saw some reports on Twitter from some seeing early reports and trying to make it, but being denied boarding on flights to the US.
It's not clear if people outside the country with valid visas can re-enter. My spouse is on a H4 and is currently out of the country. We are worried that they might not be able to re-enter. Going through this after 18 years being in this country is extremely frustrating.
It is very clear that the order allows it (but that doesn't mean that's what is being enforced; as with the Muslim ban, it's quite possible that on top of whatever disputes there are about the policy in the text, the enforcement, especially initially, may not align with the text). In relevant part, and note the conditions are “and” conditions:
Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
If you have a visa, you don't need a separate travel document; the order exempts both people with current visas and people with current nonvisa travel documents.
The vague language also means current visa holders that are in the US can't visit family outside the country and re-enter. Not that this is a good time to travel, but there certainly can be extenuating circumstances.
How do you get to that? I’m not saying there won’t be confusion but the plain language of the order says it doesn’t apply to people who have currently valid visas.
