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Executive Order: Considerations for Green Card Holders from directly affected Countries

EURO2014

EURO2014

Well-Known Member
"We are advising our clients from those seven countries who have green cards or any type of H-1B visa not to travel outside the U.S." said Ava Benach, a partner at immigration law firm Benach Collopy LLP, while noting that the order takes effect immediately.

“No one is really sure whether a green card holder from these seven countries can return to the U.S. now. It’s fairly clear that an H-1B visa holder can’t," Benach said. The H-1B lets U.S. companies employ graduate-level workers from other countries in technical occupations such as technology, engineering and science.

"If anyone in these situations has the misfortune to have gone abroad recently, it’s a treacherous moment, possibly for green card holders too," Benach said.
  • Source: Bloomberg
 
I came here to read about this subject, right after I saw on the news that EgyptAir airlines has refused boarding to an Iraqi family and a Yemeni citizen for a flight bound to JFK from Cairo. The type of Visas they had is described as "immigrant visas" by N.Y. Post. It is still unclear whether the airline acted on clear instructions from the US authorities (less likely) or on own initiative fearing they might possibly be refused entry and returned at the airline's cost (more likely considering the chaos and randomness this airline employs). It is also unknown whether those Visas were granted under the refugee program or a different way.
 
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rafi-cairo said:
I came here to read about this subject, right after I saw on the news that EgyptAir airlines has refused boarding to an Iraqi family and a Yemeni citizen for a flight bound to JFK from Cairo. The type of Visas they had is described as "immigrant visas" by N.Y. Post. It is still unclear whether the airline acted on clear instructions from the US authorities (less likely) or on own initiative fearing they might possibly be refused entry and returned at the airline's cost (more likely considering the chaos and randomness this airline employs). It is also unknown whether those Visas were granted under the refugee program or a different way.
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There are various reports of Green Card Holders from countries affected that today have been prevented boarding by their respective airlines. Department of Homeland Security will need to clarify whether or not Green Cards fall under the definition of the Executive Order that became effective as of yesterday. Do you hail from one of the countries directly affected?
 
EURO2014 said:
There are various reports of Green Card Holders from countries affected that today have been prevented boarding by their respective airlines. Department of Homeland Security will need to clarify whether or not Green Cards fall under the definition of the Executive Order that became effective as of yesterday. Do you hail from one of the countries directly affected?
Click to expand...
Well, here we have our answer:
"WASHINGTON People holding so-called green cards, making them legal permanent U.S. residents, are included in President Donald Trump's executive action temporarily barring people from seven Muslim-majority countries from entering the United States, a Department of Homeland security spokeswoman said on Saturday."
Source: http://www.reuters.com/article/us-usa-trump-immigration-chaos-idUSKBN15C0LD?il=0
 
Lawyers are already filing cases calling the order unlawful....lets see where we go from here.

I'm so sorry for people and especially the DV winners from those countries. Hoping that however the legal case turns out, you'll all be able to get your DV visas by fiscal year end.
 
EURO2014 said:
Well, here we have our answer:
"WASHINGTON People holding so-called green cards, making them legal permanent U.S. residents, are included in President Donald Trump's executive action temporarily barring people from seven Muslim-majority countries from entering the United States, a Department of Homeland security spokeswoman said on Saturday."
Source: http://www.reuters.com/article/us-usa-trump-immigration-chaos-idUSKBN15C0LD?il=0
Click to expand...

Thanks for the information. An Egyptian here so I'm not included (yet?). I imagine though that barring green card holders will not last for long. Keeping us away from our properties, work, or business dealings could (theoretically) lead to very expensive lawsuits if this executive order is deemed unconstitutional at a future point. My thoughts are with anyone who genuinely loves America but got caught in this issue.
 
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Enclosed link to original DoS Memo on provisional revocation of previously issued NIV and IV with some also noted exceptions. Unfortunately, this will negatively impact DV folks until affected visa would be reinstated or reissued at later stage:

http://d279m997dpfwgl.cloudfront.net/wp/2017/02/memo.jpg

Obviously, this goes beyond a temporary travel ban for affected DV folks who have not yet had a chance to activate their Green Card through previous border entry into the US.
 
PS: The State Department issued more than 600,000 immigrant visas last year, including 7,727 to Iranians, 3,660 to Iraqis, 383 to Libyans, 1,797 to Somalians, 2,606 to Sudanese, 2,633 to Syrians and 12,998 to Yemenis.
The State Department also granted nearly 11 million non-immigrant visas in 2015, the most recent year available, including to 29,007 Iranians, 11,399 Iraqis, 1,613 Libyans, 219 Somalians, 4,354 Sudanese, 9,003 Syrians and 3,787 Yemenis.
These numbers correlate with the information provided by DoS today on the total number of affected visas provisionally revoked (approx. 60,000 according to DoS). Not quite sure, though, what share of IV are DV from these countries, need to look up DV specific numbers when I have more time.
 
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Cross post but asking excuse for doing so under the circumstances. Check the bold:



Federal Judge James Robart, a George W. Bush appointee who presides in Washington state, temporarily stopped the order. US Customs and Border Protection then alerted airlines the US government would quickly begin reinstating visas that were previously canceled, and CBP advised airlines that refugees that are in possession of US visas will be admitted as well, an airline executive said

http://edition.cnn.com/2017/02/03/p...rump-travel-ban-nationwide-ag-says/index.html
 
My prayers go to all of you from affected countries. If you love the US and wish to contribute positively to its society then the nation can only benefit from you being there. Best of luck.
 
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