Travel Ban

We aggressively represent individuals who are affected by Presidential Proclamation 9645, which is commonly known as the Travel Ban. Section 3(c) of Presidential Proclamation 9645 currently prevents citizens from, Iran, Libya, North Korea, Syria, Venezuela, and Yemen from entering the United States unless a consular officer grants a Travel Ban Waiver.

Why Is My Country on the Travel Ban List?

The Secretary of Homeland Security in consultation with the Secretary of State and the Attorney General evaluated 200 countries for their identity-management and information-sharing capabilities, protocols, general practices, and the presence of terrorism within their territories. They determined that Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen were deficient in those systems and banned citizens of those countries from receiving visas.

Should my Relative File an Immigrant Petition on My Behalf While the Travel Ban Is in Effect?

Yes. The president can remove a country from the travel ban list if certain conditions are met. Further, the travel ban allows hopeful immigrants to apply for waivers. If a travel ban waiver is granted, visa applicants will receive visas so long as they have otherwise established eligibility.

When Will My Country Be Removed from the Travel Ban List?

Countries will remain on the list for an indefinite period of time until they have met the criteria set forth in Presidential Proclamation 9645. The president will evaluate whether to remove a country from the list every 180 days. On April 11, 2018, Chad was removed from the list of banned countries. If your country is affected by the travel ban, you should retain an attorney to assist you with applying for a waiver.

When Should I Apply for a Travel Ban Waiver?

McAllister Law Firm, PLLC submits travel ban waiver requests when we file new I-130 petitions to ensure that the request is in the file and can be reviewed by the consular officer prior to the interview. When a new client retains our law firm after the USCIS has approved the immigrant petition, we submit travel ban waiver requests on his or her behalf and notify both the NVC and the consular post of the same. It is also possible to submit the travel ban waiver request after the interview.

If a consular officer requests the visa applicant to submit additional information at the conclusion of the interview, he or she should also use this as an opportunity to submit the travel ban waiver request.

What Must I Prove to Receive a Travel Ban Waiver?

To approve a travel ban waiver, the consular officer must consider three factors. First, the visa applicant must prove that denying his or her entry will cause undue hardship. Second, the visa applicant must prove that his or her entry will not pose a threat to the national security or public safety of the United States. Finally, one must prove that his or her entry will be in the public interest of the United States. Although these words appear straightforward, the requirements listed above have a legal significance and the ordinary meaning of the terms do not apply. An experienced immigration attorney will evaluate each person’s case within the context of the travel ban waiver requirements to determine the best strategy for a successful outcome. McAllister Law Firm, PLLC submits legal briefs and evidence in support of the waiver requests.

Fortunately, consular officers review waivers on a case-by-case basis. Our law firm approaches each case differently and submits customized legal briefs supported by detailed evidence to accompany all waiver requests.

Do I Need an Immigration Attorney to Apply for a Travel Ban Waiver?

Experienced and dedicated immigration attorneys will correctly interpret the law according to each visa applicant’s individualized case. He or she will submit a legal brief to demonstrate that the visa applicant has met the eligibility elements set forth in Presidential Proclamation 9645 in addition to an extensive exhibit list. Exhibits will include strong and compelling evidence. It is not necessary to retain an attorney to apply for a travel ban waiver. However, applying for a waiver is not the same as filing a petition or application where one completes a government form and submits supporting documents.

Retaining an experienced immigration attorney will strongly increase your chances of success. No attorney can guarantee that a travel ban waiver will be granted because consular officers review and evaluate each case on circumstances that are unique to the visa applicant. However, we guarantee that we will dedicate sufficient time to your case and only accept cases that we feel that we can win. Call McAllister Law Firm, PLLC for a consultation.

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