March 2025 Edition of BDV Newsletter

Q: What is the travel ban?

A: The Trump administration has a draft list of countries that may be subject to a travel ban. If you were born in or are a citizen of one of the listed countries, you may face entry restrictions into the U.S. The draft travel ban does not apply to U.S. citizens or green card holders.

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Q: What is the effective date?

A: As of 3/17/2025, the draft travel ban is not effective yet. However, it may become effective imminently.

If your country of birth or citizenship is listed on the banned list and you are currently in the U.S., we strongly recommend that you DO NOT travel internationally. If the ban becomes effective, you may not be able to re-enter the U.S. If you are currently traveling and have a valid visa stamp to enter the U.S., you should return as soon as possible.

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Q: What countries are potentially impacted?

A: Please see below for a list of countries that are on the draft travel ban. This is the latest information available via the New York Times as of 3/17/2025, but the list of countries may change.

• Countries in red have full visa suspensions – These countries may face complete suspension of visa issuances, preventing their citizens/nationals from obtaining any type of U.S. visa.
• Countries in orange have partial visa suspensions – These countries could experience targeted restrictions, affecting tourist, student, and certain immigrant visas, with limited exceptions.
• Countries in yellow have conditional measures – These countries may have a 60-day window to address security concerns or risk partial visa suspensions.

Red (All travel banned)

• Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela and Yemen.

Orange (Visas sharply restricted)

• Belarus, Eritrea, Haiti, Laos, Myanmar, Pakistan, Russia, Sierra Leone, South Sudan and Turkmenistan.

Yellow (60 days to address concerns)

• Angola, Antigua and Barbuda, Benin, Burkina Faso, Cambodia, Cameroon, Cape Verde, Chad, Republic of Congo, Democratic Republic of Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mali, Mauritania, St. Kitts and Nevis, St. Lucia, São Tomé and Príncipe, Vanuatu and Zimbabwe.

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Q: Should you continue the EB-3 unskilled program?

A: Even with the changing immigration landscape, the EB-3 unskilled program is still one of the fastest and most versatile ways to obtain a green card. The travel ban does not impact LC approval or I-140 approval, and these processes will continue as normal.

• For AOS clients who are in the U.S. in valid status, the travel ban does not impact your ability to file or obtain a green card once your priority date is current.
• For Consular clients, if you are from an impacted country, there may be restrictions on your ability to obtain the immigrant visa. However, travel bans from the prior Trump administration faced significant legal challenges. What countries are impacted by the ban, and the scope of the ban/how long the ban will be in place, may change over time even if the ban goes into effect.

Even if you are from an impacted country, for now, we recommend continuing the program while we wait for additional information on the impact and longevity of the ban.

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Q: How can you prepare?

A: If you are currently in the U.S. and may be subject to the travel ban, DO NOT travel internationally. Remain in the U.S., and you should carry copies of your status documents (ex: I-94, approval notice, receipt notice, etc.) with you.

If you are outside the U.S. and have a valid visa stamp, please enter the U.S. as soon as possible.

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Q: Are dual citizens subject to the travel ban?

A: During the last travel ban under the first Trump administration in 2017, dual citizens were exempt from the ban. If you were a citizen/national of a banned country but have a valid passport for a non-banned country, you were exempt. Our theory is that this exemption will apply under the new ban, but we will not have confirmation until more guidance is provided by the government.

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Q: Any exceptions to the ban?

A: At this time, it is unclear if there will be exceptions. During the first travel ban, exceptions were made for people with specific family connections, like grandparents, in-laws, aunts, uncles, etc. We are closely monitoring for guidance from the government. For now, practice caution and do not rely on any exceptions.

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Additional questions?

Reach out via BDV chat if you have any questions. Our attorneys and Government Relations Team are closely monitoring the situation and will provide an update as more information becomes available. We are here for you.