Now that the travel ban is in full effect and the nations highest court will allow the president to exclude members from specific countries based on nationality, we must look to answers and solutions.
The Trump Travel Ban 3.0 this year by the United States Supreme Court. This means members from a list of countries will be excluded from travelling to the United States. The only means of recourse is to file a waiver. There is date that suggests that the Waivers are very rarely being approved but it is data that is hard to rely on. With that being said and the waiver being the only form of remedy we have, let us talk about what you need when you want to file for a waiver.
Under this travel ban, a waiver is available for those who would experience undue hardship subject to certain conditions, and those who have a “bona fide” relationship with a person or entity in the United States. The waiver is discretionary, which means that no applicant is legally entitled to a waiver—it’s up to the opinion of the person deciding your case. A waiver can be granted to an applicant for a visa or entry into the United States only if:
  • Denying the entry would cause the applicant undue hardship,
  • Entry would not pose a threat to national security or public safety, and
  • Entry would be in the US national interest
Notice that the requirements are joined by “and,” so you must demonstrate all three aspects to the officer in order to qualify.
In order to apply for a waiver of inadmissibility due to the executive order, you should apply for a visa at the consulate abroad according to the normal procedures. Gather and bring documentation to prove that you meet the three conditions listed at the beginning of the previous section. If there are any confusing or unusual aspects of your situation, you may want to write a letter for the officer to keep in your file explaining those aspects, in case the officer needs to hold your file for further review after the interview.
At the interview, you should thoroughly explain how you meet the three required conditions. If the consulate grants the waiver and issues a visa to you, CBP officers might still ask similar questions at the border when you enter, so you should carry a copy of all evidence when you enter the United States.
If you are in need of any Immigration services, contact us, The Law Offices of Joumana Kayrouz at 248-557-3645


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