Many foreign nationals breathed a temporary sigh of relief when the Court of Appeals for the Ninth Circuit declined to lift the temporary restraining order placed on President Trump’s entry ban on February 9, 2017. However, the relief is temporary. A federal district court continues to challenge the ruling, which means future rulings could reinstate the ban. Keeping informed about court rulings is essential to knowing whether you, as a foreign national, will face difficulties entering the U.S. As a business immigration law firm, we have a few recommended considerations for foreign nationals from the seven countries of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

Foreign nationals who are not U.S. lawful permanent residents and do not hold a passport from a non-restricted country that includes a valid U.S. visa might want to consider the following:

  • Traveling outside of the U.S. continues to be risky despite the most recent ruling. If the Ninth Circuit’s decision is appealed and overturned, the ban would be reinstated. Or, the district court might issue a preliminary injunction against the ban with limitations that it applies to certain groups only, such as foreign nationals who are temporarily abroad or permanent residents. Basically, there is a possibility that the ban can be reinstated in part or in whole; thus, international travel is not recommended.
  • The window to re-enter the U.S. for foreign nationals who are currently outside of may be limited. Due to the ongoing court challenge of the most recent ruling, we suggest that you reach out to an immigration professional to discuss your current situation

On a concluding note, foreign nationals who are not from one of the restricted countries and are U.S. lawful permanent residents should not be affected by a reinstatement of the entry ban. Additionally, dual nationals who hold a passport from an unrestricted country with a valid U.S. visa should not be affected by possible reinstatement as well.