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Articles Posted in Iran

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In this blog post we share with our readers several new developments in immigration relating to COVID-19.

At a Glance: What’s in This Blog?

  • DOS Announces One-Month Extension for Immigrant Visa Medical Examinations
  • Phased Resumption of Routine Visa Services
  • DOS Releases SEVP Online Course Guidance for F and M Students for Fall 2020
  • When will the Presidential Proclamation Suspending Entry for the Schengen Countries be Lifted?
  • Are there any National Interest Exceptions for Certain Travelers from the Schengen Area, United Kingdom, and Ireland?
  • Are there any National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market?

DOS Announces One-Month Extension for Immigrant Visa Medical Examinations


We are pleased to report that on July 24, 2020, the Department of State issued an important announcement confirming that the Centers for Disease Control and Prevention (CDC) have approved a one-month extension for medical examinations conducted between January 1, 2020 and June 30, 2020. As many of you know, medical examinations for immigrant visa applicants are valid for a maximum of six months.

The Department of State has advised applicants (1) who were unable to travel on an issued visa, or (2) who obtained a medical examination but did not receive a visa, to contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued or is adjudicating your visa application to determine whether you may be issued or reissued a visa for one additional month. Applicants who are unable to travel within one additional month, should consider waiting until they are able to travel to obtain a new, full validity medical examination and visa.


Phased Resumption of Routine Visa Services

In March 2020 the Department of State suspended routine visa services worldwide in response to the Coronavirus pandemic. On July 14, 2020 the Department of State released information on its webpage notifying the public that resumption of routine visa services will occur on a post-by post basis, in coordination with the Department’s Diplomacy Strong framework to safely return personnel to Department facilities. With that being said, the Department of State cannot provide a specific date for when each Consular post will return to processing at pre-Covid workload levels. Applicants are advised to monitor each individual U.S. Embassy or Consulate’s website for information regarding operating status, and updates on which services they are currently offering.

As always, U.S. Embassies and Consulates will continue to provide emergency and critical visa services.

The DOS has also stated that MRV fees are valid and may be used to schedule a visa appointment in the country where it was purchased within one year of the date of payment.

  • For more information about this announcement and FAQs please click here.
  • For a list of Embassies and Consular webpages click here.

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On January 23, 2020, the United States Citizenship and Immigration Services (USCIS) formally announced by way of a notice published in the Federal Register that nationals of Iran and their dependents are no longer eligible to change or extend their stay in E-1 or E-2 nonimmigrant status due to the termination of the 1995 Treaty of Economic Relations (also known as the Treaty of Amity) between the United States and Iran.

Under current immigration law, “the existence of a qualifying treaty or authorizing legislation is . . . a threshold requirement for issuing an E visa.” Therefore, the termination of the Treaty of Amity between the United States and Iran no longer provides a basis for Iranian nationals to qualify for the E nonimmigrant visa classification.

When did the Treaty end?

On October 3, 2018, the U.S. Department of Homeland Security notified Iran of the Termination of the Treaty of Amity. On October 23, 2019, the Department of State provided DHS with formal notice of the termination of the treaty. Currently, there are no other qualifying treaties with Iran or any legislation for granting E-1 or E-2 status to Iranian nationals.

What does this mean?

Accordingly, a national of Iran is no longer eligible for an extension of stay in E-1 or E-2 status or a change of status to E-1 or E-2 on the basis of the Treaty of Amity.

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Earlier this week, the United States Supreme Court handed down a controversial decision upholding the President’s latest travel ban in the case Trump, President of the United States, Et Al. v. Hawaii Et Al. The 5-4 decision reflected a deeply divided court, but ultimately the conservative justices on the court banded together ruling in favor of the Trump administration.

Chief Justice Roberts, joined by Justices Kennedy, Thomas, Alito, and Gorsuch, ruled that the latest travel ban was “squarely within the scope of Presidential authority.” Justices Breyer, Kagan, Sotomayor, and Ginsburg dissented. Despite concurring with the majority opinion Justice Kennedy added, “An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts.”

As you may recall in September of 2017 the President issued Executive Order No. 9645, entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats.” The purpose of this executive order was to identify any deficiencies from several foreign countries needed to adequately assess whether nationals from particular countries seeking to enter the United States presented security or safety threats to the United States. The order specifically called for global requirements for information sharing among these countries, and increased immigration screening and vetting of individuals from particular countries of concern. The President exercised his broad authority under the constitution to place entry restrictions on nationals of eight foreign countries whose information systems for managing and sharing information about their nationals was deemed inadequate by the current administration. These countries included—Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

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11176275396_fdf69cfd1e_zOn Monday, December 4, 2017, the United States Supreme Court issued an order allowing enforcement of the President’s latest travel ban in its entirety, pending legal challenges in lower courts. In its brief order, the Court signaled its desire for the appellate court to address any challenges to the travel ban, swiftly. Justices Ruth Bader Ginsburg and Sotomayor were the only justices who would have blocked the latest travel ban from going into effect.

The court’s order means that the Trump administration may enforce all of the provisions of the President’s latest travel ban, until the federal courts hand down rulings on the constitutionality of the ban. As you may recall, non-US citizens affected by travel ban 3.0 include nationals of Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

The travel ban DOES NOT affect lawful permanent residents of the United States (green card holders), foreign nationals granted asylum, refugees admitted to the United States, or dual nationals traveling on a passport from a non-designated country.

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On October 17, 2017, federal judge Derrick Watson of the U.S. District Court for the District of Hawaii, issued a temporary restraining order preventing the government from enforcing Sections 2(a), (b), (c), (e), (g), and (h) of the Presidential Proclamation 9645, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” signed by the President on September 24, 2017. These sections of the Presidential Proclamation were to be enforced at 12:01 a.m. eastern daylight time on October 18, 2017.

As a result, foreign nationals from Chad, Iran, Libya, Syria, Yemen, and Somalia will NOT be affected by the restrictions outlined in the Presidential Proclamation and may continue to travel freely to the United States. Visa applications for these countries will continue to be adjudicated in accordance with existing immigration law, and visa processing standards, irrespective of the restrictions outlined in the Presidential Proclamation.

However, the court order does not prevent the government from implementing restrictions on foreign nationals from North Korea and Venezuela. In addition, the order does not prevent the government from scrutinizing the adjudication of visas for Iraqi nationals and their admittance to the United States. Sections (d) and (f) of the Proclamation, outline the provisions that remain in force. Restrictions on the entry of foreign nationals from North Korea, Venezuela, and Iraq began on Wednesday, October 18, 2017 and will continue until further notice. The restrictions on Venezuela as you will see below are the most lenient of the restrictions. 

Restrictions on North Korean nationals: Entry of foreign nationals from North Korea has been suspended for all immigrants and non-immigrants (including diversity visa holders).

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Just one day before Presidential Proclamation No. 9645, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats,” was set to go into effect, a federal judge in Hawaii issued a ruling blocking portions of the Presidential Proclamation from being enforced on a majority, but not ALL, of the countries, listed in the Proclamation.

The Presidential Proclamation, commonly referred to in the media as ‘travel ban 3.0’ set out to suspend the entry of foreign nationals from eight “countries of identified concern,” and the admission of foreign nationals from those countries was to remain limited until further notice.

The countries to be affected by travel ban 3.0 included: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. A federal judge from the state of Hawaii by the name of Derrick Watson has granted a temporary restraining order preventing the government from suspending the admission of foreign nationals from the following countries: Chad, Iran, Libya, Syria, Yemen, and Somalia, but DOES NOT prevent the government from suspending the admission of foreign nationals from North Korea and Venezuela, and from imposing stricter screening standards on Iraqi nationals. The restrictions on foreign nationals from North Korea, Venezuela, and Iraq will continue to be enforced according to the Proclamation, beginning today, Thursday, October 19, 2017. Restrictions on North Koreans and Venezuelans will likely remain indefinitely, given that the U.S. government has no formal diplomatic avenues for communication with those countries.

Judge Derrick Watson wrote in his opinion that the latest revision of the ban, “suffers from precisely the same maladies as its predecessor,” and “lacks the sufficient finds that the entry of more than 150 million nationals from [the] specified countries would be ‘detrimental to the interests of the United States,” and “plainly discriminates based on nationality.”

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On September 24, 2017, the President issued a Presidential Proclamation expanding the list of countries subject to the travel ban outlined in Executive Order 13780 entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” As you may recall, as part of that executive order, in March 2017, the President had asked the Secretary of Homeland Security and Attorney General to conduct a worldwide review to assess the dangers that foreign nationals from designated countries of concern pose to the national security of the United States. Under Executive Order 13780, DHS was directed to implement additional security mechanisms and vetting procedures for countries identified as potential threats to national security.

The Secretary of Homeland Security, Secretary of State, and Attorney General identified 16 additional countries which “remain deficient . . . with respect to their identity-management and information-sharing capabilities, protocols, and practices,” and as a result pose a potential threat to our country’s national security.  By proclamation, the entry of foreign nationals from eight of these countries will remain suspended and limited for the time being.

The President has determined that the immigrant and non-immigrant entry of foreign nationals from the following countries would be detrimental to the national interests of the United States, at least until increased security mechanisms can be implemented, and identity and information-sharing capabilities can be improved.

Per Section 2 of the Proclamation

Suspension of Entry for Nationals of Countries of Identified Concern

“The following countries continue to have “inadequate” identity-management protocols, information-sharing practices, and risk factors . . . such that entry restrictions and limitations are recommended:”

The entry of foreign nationals from the designated countries listed below will be suspended and limited to a few exceptions and case-by-case waivers beginning October 18, 2017.

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On Wednesday, July 19, 2017, the United States Supreme Court responded to the Trump administration’s motion seeking clarification regarding the Supreme Court’s June 26th preliminary ruling, which held that the President could enforce the travel ban against foreign nationals from Iran, Syria, Sudan, Libya, Yemen, and Somalia, who lack a credible “bona fide” relationship to a person residing in the United States, or entity such as an employer, religious, or academic institution.

The government sought clarification from the United States Supreme Court after the state of Hawaii challenged the government’s interpretation of a “close familial relationship,” and convinced a federal court judge that the Supreme Court intended close family members to include extended family members such as “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States.” Federal judge Watson was also convinced that refugees with a formal assurance from a resettlement agency were exempt from the travel ban.

In a brief order, the Supreme Court denied the government’s motion seeking clarification of the court’s June 26, 2017 preliminary order, and reversed judge Watson’s decision regarding the admission of refugees with a formal assurance from a resettlement agency. The Supreme Court has ruled that refugees with a formal assurance from a resettlement agency will not be granted admission to the United States pending the resolution of the government’s appeal to the Ninth Circuit Court of Appeals.

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Last week, Thursday, July 13, 2017, U.S. District Court Judge Derrick K. Watson handed down a ruling which exempts extended family members from President Trump’s travel ban including: “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States.” These familial relationships are to be considered bona fide relationships that qualify such foreign nationals from gaining admission into the United States.  Thursday’s ruling also makes refugees with assurances from a resettlement agency, exempt from the President’s travel ban.

Last month, the U.S. Supreme Court announced that they would hear arguments challenging the President’s travel ban when the Court reconvenes in October of next year. As part of their announcement, the U.S. Supreme Court ruled that, in the interim, the President could enforce the travel ban against foreign nationals from Iran, Syria, Sudan, Libya, Yemen, and Somalia, who lack a credible “bona fide” relationship to a person residing in the United States, or entity such as an employer, religious, or academic institution.

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In their ruling, the Supreme Court however provided little guidance on what types of familial relationships would qualify as a credible bona fide relationship. The Supreme Court vaguely stated that “close familial” relationships would qualify as a bona fide relationship, citing mother-in-law’s and spouses as an example of a qualifying familial relationship. However, the Court was silent regarding extended family members.

This prompted the State of Hawaii to seek clarification from federal judge Watson, regarding what types of familial relationships would be subject to the ban. The State of Hawaii argued that the Trump administration had wrongfully interpreted the Court’s ruling to exclude close family members such as grandparents, after the administration issued a diplomatic cable to U.S. consular posts and embassies abroad that defined a “close familial relationship” to include parents, children, and in-laws, but not grandparents, grandchildren, aunts, uncles, and cousins.

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ICE Memo Discusses Immigration Enforcement of EOs 13767 and 13768  

In a new memorandum entitled “Implementing the President’s Border Security and Immigration Enforcement Policies,” U.S. Immigration and Customs Enforcement (ICE), outlines the President’s policies going forward in implementing Executive Order 13767, “Border Security and Immigration Enforcement Improvements,” and Executive Order 13768 “Enhancing Public Safety in the Interior of the United States,” signed by the President on January 25, 2017.

The memorandum makes clear that enforcement and removal operations will be taken immediately against all removable aliens, prioritizing expedited removal of aliens with criminal history or prior immigration violations such as fraud or material misrepresentation. Accordingly, the Department of Homeland security “will no longer exempt classes or categories of removable aliens from potential enforcement” under EO 13767 and 13768.

Under these directives, officers will prioritize efforts to remove individuals who:

  • Have been convicted of any criminal offense;
  • Have been charged with any criminal offense that has not been resolved;
  • Have committed acts which constitute a chargeable criminal offense;
  • Have engaged in fraud or willful misrepresentation in connection with any official matter before a governmental agency;
  • Have abused any program related to receipt of public benefits;
  • Are subject to a final order of removal but have not complied with their legal obligation to depart the United States; or
  • In the judgment of an immigration officer, otherwise pose a risk to public safety or national security.

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