Court Order on Presidential Proclamation on Visas (November 13, 2017)

As part of its efforts to improve investigative capabilities and processes to detect the attempted entry of terrorists or other threats to public safety in the United States, the United States Court of Appeals for the Ninth Circuit has decided to restrict the issuance of new visas for those foreign citizens who do not have a credible claim of a bona fide relationship with a person or entity in the United States

On November 13, the U.S. Court of Appeals for the Ninth Circuit granted, in part, the government’s motion for an emergency stay of the U.S. District Court for the District of Hawaii’s October 17, preliminary injunction.  The preliminary injunction prohibited the U.S. government from enforcing or implementing Sections 2(a), (b), (c), (e), (g), and (h) of Presidential Proclamation 9645, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats.”  Under the Ninth Circuit’s ruling, the earlier preliminary injunction is stayed, except as to “foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.”

The court orders did not affect Sections (d) and (f) of the Proclamation, so nationals from North Korea and Venezuela remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. EDT on Wednesday, October 18, 2017, with respect to nationals of those countries.

 

Venezuela

No B-1, B-2 or B-1/B-2 visas of any kind for officials of the following government agencies Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and their immediate family members.  

Immigrant and Diversity Visas

No restrictions

 

 Nationals of North Korea and Venezuela:  The exceptions and waivers listed in the Proclamation are applicable for qualified applicants.  There is no bona fide relationship exception available for nationals of North Korea or Venezuela.

No visas will be revoked pursuant to the Proclamation.

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