On Monday, June 26, 2017, the Supreme Court allowed certain parts of President Trump’s travel ban to go into effect in less than 72 hours. Foreign nationals from the six (6) countries listed in President Trump's executive order (Libya, Syria, Iran, Sudan, Yemen, and Somalia) could be kept from entering the US.The Supreme Court explained that foreign nationals from the above-mentioned countries who have never been to the US and are applying for visas,or have no family or business or other ties in the US, could be prohibited. The court said that foreign nationals from these countries with ties or relationships in the US should be allowed into the US so long as they have "a credible claim of a bona fide relationship with a person or entity in the US". This includes students accepted to/enrolled in US universities or those who have accepted employment/are currently employed with a US company. Please note that the final decision as to who qualifies for a US visa or is allowed to enter the US is up to immigration officials.This is not the final ruling and the court has agreed to hear arguments in the case this coming fall.
In light of this ruling, it is strongly advised that foreign nationals from the aforementioned countries who are currently in the US do not travel abroad. If you must travel and are from one of these countries, please ensure to always have the following documents with you:
- Current valid passport
- US permanent residents must have their green card
- Non-US permanent residents must have a valid US visa stamp in their passport
- Non-US permanent residents must also have their current valid I-797 approval notice
In addition, it is recommended that you carry with you documents which show a bona fide relationship with a person or entity in the US. Please see below for more information:
You Are Employed in the U.S.
If you are employed in the US and need to travel, please carry the following documents:
- 3 most recent paystubs
- W-2 with current US employer
- Employment verification letter signed by current US employer and printed on company letterhead, which outlines your job title, salary, and confirmation of your continued employment with the US company
- Please ensure the information reflects what was submitted with your most recent petition
- Business card and/or company ID with current US employer
- Other documents to show that you are currently employed in the US
You Have Family in the U.S.
If you are applying for a green card through a family member while in the US and need to travel, please carry the following documents:
- Marriage certificate to US citizen/permanent resident
- Birth certificate for your US citizen child
- Photos of you and the US citizen/permanent resident family member
- 6 months worth of joint bank statements
- Lease/mortgage agreement which lists both your names
- Car deed which lists both your names
- Other documents to prove your relationship to your US citizen/permanent resident family member
You Are Attending School in the U.S.
If you've been accepted to a school in the US or are currently enrolled in a school in the US and need to travel, please carry the following documents:
- Letter/email confirming your acceptance to the US school
- If currently in school, a letter signed by a representative at the US school which confirms you are currently enrolled in classes
- List of courses you will be taking/are currently taking
- Evidence that you are currently living at a dorm or apartment
- Student ID
- Current valid I-20
- If you are currently working, please also provide the following:
- Valid EAD card
- 3 most recent paystubs
- Employment verification letter signed by current US employer which outlines your job title, salary, and confirmation of your continued employment with the US company
You Are Visiting the U.S. for Business or Pleasure
If you visiting the US for business meetings or a conference, please carry the following documents:
- Letter signed by the inviter in the US which includes their contact information and printed on company letterhead (if invited by a company)
- Signed letter from employer abroad confirming that you are currently employed abroad
- List of family members residing in your country of residence (along with their contact information) and your relationship to them
- 3 most recent bank statements from foreign bank
- 3 most recent paystubs from foreign company
- 3 most recent tax returns from home country
- 3 most recent utility bills which lists your name and current address
- Any other investment documents or documents evidencing intent to return to home country
- Signed apartment lease or mortgage agreement which lists your name
- Proof of membership in any clubs or organizations in your country of residence
- Other documents to show that you have every intent to return to your home country after your trip to the US
Please feel free to pass this along to your employees and anyone else you think may be affected by this ruling. Should you have any questions, please do not hesitate to reach out to us.