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You are Blocked From Traveling to USA if From Iran, Syria, Yemen and Others, Unless you Qualify for Exceptions

December 8, 2017

 

This week, the Supreme Court has allowed the third version of President Trump’s travel ban to come back. Citizens of the eight countries listed (Iran, Somalia, Syria, Yemen, Libya, Chad, North Korea, and Venezuela) are NOT allowed to travel to the United States, unless they qualify for a waiver or exception. Previously, in June 2017, the Supreme Court allowed the travel ban to come back, but in a limited way. At that time, the Court stated that an immigrant from one of the banned countries was required to have a personal or professional relationship in the United States, which was defined as a relationship with a qualifying family member in the United States or a professional relationship with a U.S. company or university. But now, such a qualifying relationship does NOT matter, as the Supreme Court has now ruled that the travel ban can be implemented to the FULLEST extent. ​

As we mentioned in our Justice360 bulletin regarding the third version of the travel ban, this is the most concerning edition.  It provides absolutely NO time limit or deadline for the ban. In other words, it is an indefinite ban that could become the rule of law for years to come.

We have seen the travel ban come and go constantly since January 2017. President Trump issued two Executive Orders, and now a Presidential Proclamation. Since January, many states have challenged the travel ban (sometimes referred to as the Muslim Ban). We have seen several courts around the country blocking the enforcement of the Executive Orders.

The current Presidential Proclamation was issued in September 2017, and since then there have been several lawsuits against it. Now, we have to wait to see what happens with the outstanding lawsuits. Two separate lawsuits were heard this week. The courts might determine that the law is illegal, but the cases could be pushed up to the Supreme Court again delaying the process. We still have a long journey ahead to see how the Travel Ban will ultimately take effect.

For now, if you or a loved one is affected by the travel ban/Muslim Ban, here are some things you need to know:

  1. Countries in the Ban: Somalia, Syria, Iran, Yemen, Libya, Chad, Venezuela and North Korea. Also, nationals of Iraq will be subject to more screening measures as well.
  2. Country-Specific Restrictions: The restrictions for each country is a little different.
    • Somalia: Immigrants are suspended and there will be enhance screening for nonimmigrants.
    • Syria: All immigrants and nonimmigrants are suspended.
    • Iran: All immigrants and nonimmigrants are suspended, except for students (F visas), vocational students (M visas), and exchange visitors (J visas). However, those that are permitted will be subject to enhance screening requirements.
    • Yemen: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
    • Libya: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
    • Chad: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
    • Venezuela: Government officials and their immediate family members are suspended from entering on business or tourist visas (B-1/B-2).
    • North Korea: All immigrants and nonimmigrants are suspended.
  1. Waivers Are Available: The travel ban does provide for waivers on a case-by-case basis. Applicants must show: (1) a denial would cause undue hardship, (2) he or she does not pose a national security threat, and (3) the approval would be in the national interest.
  2. Exceptions: The new travel ban does not apply to (a) lawful permanent residents (green card holders); (b) dual nationals traveling on a passport from a non-designated country; (c) any foreign national traveling on a document other than a visa such as advance parole, humanitarian parole, or transportation letter.

 

For more information about Justice360, visit www.muslimcongress.org/wp/j360.

 

 

Najmeh Mahmoudjafari

Sister Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law (www.ImmigraTrust.com), an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Sister Najmeh can be reached at Najmeh@ImmigraTrust.com.

 

DISCLAIMER:

Justice360 Legal Bulletins are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360 LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.

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Monday, November 20th, is the First Rabi ul-Awwal

Monday (Nov. 20, 2017) will be the first day of the month of Rabi ul-Awwal 1439 AH.

Important dates in the month of Rabi ul-awwal include:
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Driver’s License Not Enough at Airport for the Following States Starting in 2018

November 6, 2017

 

Domestic travel usually meant leaving the passport at home, but starting on January 22, 2018, residents from the following six states will be required to use their passports as identification at airport security:

Illinois

Louisiana

Michigan

Missouri

New York

Rhode Island

 

The Real ID Act of 2005 requires states to implement new security measures when issuing state identification. The six states above do not meet the minimum security standards required by the federal government. The status of these states may change as the government continues to evaluate state security procedures. Therefore, it is possible that residents of these states can use their driver’s licenses again. As of the date of this publication, residents of the states above should travel with their passports starting January 22, 2018, whether flying domestically or internationally.

 

Seventeen other states have been granted extension until October 10, 2018, to increase their security measures. The residents of the following 17 states can use their state driver’s license until the grace period ends in October 2018:

Alaska

California

Idaho

Kentucky

Maine

Massachusetts

Minnesota

Montana

New Hampshire

New Jersey

North Dakota

Oklahoma

Oregon

Pennsylvania

South Carolina

Virginia

Washington

 

For the most up-to-date information on your state’s compliance with the Real ID and more information, please visit the Department of Homeland Security’s Real ID page: https://www.dhs.gov/real-id

 

For more information about Justice360, visit www.muslimcongress.org/wp/j360.

 

Najmeh Mahmoudjafari

Sister Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law (www.ImmigraTrust.com), an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Sister Najmeh can be reached at Najmeh@ImmigraTrust.com.

 

DISCLAIMER:

Justice360 Legal Bulletins are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360 LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.

 

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The day of Arba’een will be on Thursday, Nov. 9th, 2017.
The demise of the Holy Prophet (saawa) and martyrdom of Imam Hasan al-Mujtaba (as) will be on Fri., Nov. 17th, 2017.
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Again, Another Travel Ban. Why This Time Is the Most Concerning – What you Need to Know

September 29, 2017

On September 24, 2017, President Trump issued a new travel ban…again. The newest travel ban is a “presidential proclamation” instead of an “executive order.” In practical terms, the title does not make a difference – it is still a travel ban that stops immigration from several Muslim- majority countries, with a few additional countries added.

It is important to note that there is one particularly concerning detail in the new ban. This new edition provides absolutely NO time limit or deadline for the ban. In other words, it is an indefinite ban that could become a part of the immigration policies of the country for years to come. As we have seen with the previous executive orders, it is possible that lawsuits will stop the travel ban from taking effect, but we have to wait to see what happens with the Supreme Court case and other state lawsuits.

 

If you or a loved one is affected by this new presidential proclamation/travel ban/Muslim ban, here are some things to you need to know:

  1. Countries in the Ban: Somalia, Syria, Iran, Yemen, Libya, Chad, Venezuela and North Korea. Also, nationals of Iraq will be subject to more screening measures as well.
  2. Country-Specific Restrictions: The restrictions for each country is a little different.
  • Somalia: Immigrants are suspended and there will be enhance screening for nonimmigrants.
  • Syria: All immigrants and nonimmigrants are suspended.
  • Iran: All immigrants and nonimmigrants are suspended, except for students (F visas), vocational students (M visas), and exchange visitors (J visas). However, those that are permitted will be subject to enhance screening requirements.
  • Yemen: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
  • Libya: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
  • Chad: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
  • Venezuela: Government officials and their immediate family members are suspended from entering on business or tourist visas (B-1/B-2).
  • North Korea: All immigrants and nonimmigrants are suspended.
  1. Effective Date of New Travel Ban: The new presidential proclamation will take effect on October 18, 2017. However, because of the Supreme Court’s previous ruling, citizens of Iran, Libya, Somalia, Syria and Yemen who do not have a “bona fide” relationship with someone in the United States are not allowed to immigrant even before October 18, 2017. If citizens of those country have a valid visa and have a qualifying relationship, they can travel to the United States before the October 18, 2017, effective date.
  2. Waivers Are Available: The travel ban does provide for waivers on a case-by-case basis. Applicants must show that a denial would cause undue hardship, that he or she does not pose a national security threat and that the approval “would be in the national interest.”
  3. Exceptions: The new travel ban does not apply to (a) lawful permanent residents (green card holders); (b) dual nationals traveling on a passport from a non-designated country; (c) any foreign national traveling on a document other than a visa such as advance parole, humanitarian parole, or transportation letter.
  4. The Supreme Court Case: As we mentioned in a previous bulletin, the Supreme Court had set oral arguments in October regarding whether the travel ban is unconstitutional and therefore should be stopped. However, in light of the newest travel ban, the Supreme Court has canceled the oral arguments and has requested court filings regarding whether the new presidential proclamation is constitutional because, with the new countries added, it is arguably not a ban based on a prejudice against Muslims.
  5. What Happens if the Supreme Court Decides the Ban is Constitutional: As mentioned, the presidential proclamation provides no time limit for the ban. Therefore, if the courts decide it is not bias against Muslims, the ban will effectively bar immigration from the eight countries listed for years to come.

 

For more information about Justice360, visit www.muslimcongress.org/wp/j360.

 

Najmeh Mahmoudjafari

Sister Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law (www.ImmigraTrust.com), an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Sister Najmeh can be reached at Najmeh@ImmigraTrust.com.

 

DISCLAIMER:

Justice360 Legal Bulletins are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360 LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.

 

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Friday, September 22nd, is the First of Muharram ul-Haraam

Friday (Sep 22, 2017) will be the first day of Muharram ul-Haraam 1439 A.H.

May Allah (swt) accept your worship during this sacred month of Azaa’ (grieving on Imam al-Husssain (as)).
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