Western has compiled this list of resources for members of the campus community who may be affected by recent executive orders in the United States.
On May 25, 2017, the Court of Appeals for the Fourth Circuit upheld the preliminary injunction of a Federal District Court barring the Government from enforcing section 2(c) of EO-2. This injunction applied to any foreign nationals from the six affected countries (Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen) seeking entry into the United States and essentially permitted those foreign nationals to continue to apply for visas and travel to and enter the United States.
However, the US Supreme Court, on June 26, 2017, has reviewed the Government’s position and has stated that the injunction was far reaching and thus granted the Government’s stay application, in part, related to foreign nationals from the six affected countries who have no connection to a person or an entity in the United States.
In other words, foreign nationals from the six affected countries (Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen) will be barred from applying for visas or traveling to and entering the United States for 90 days beginning Thursday June 29, 2017 (72 hours from the date of the Supreme Court Order) unless they have a genuine relationship with a person or entity in the United States.
Western University faculty, staff, and students who are nationals of one of the six affected countries traveling to the United States during the 90 day period beginning June 29, 2017, are strongly recommended to have in their possession clear documentation about the purpose of their travel to the United States, demonstrating ties/connection to a person or organization, company or institution in the United States, their ties to Canada (education, employment, residence), and proof of funds available for travel and accommodation during their stay. US Customs and Border Protect (USCBP) officers have final decision-making power as to who may enter the United States, even if a US Consulate in Canada or abroad has previously issued a visa to the foreign national.
Western does not disclose a student's citizenship information unless with the consent of the student, or as otherwise required by law.
The suspension of entry and visa processing for foreign nationals who hold dual citizenship with a non-designated country will not be affected as long as they are traveling on the passport issued by a non-designated country (i.e. your Canadian passport).
For the latest updates on travel information to the United States visit https://travel.gc.ca/destinations/united-states
Foreign nationals who are landed Canadian immigrants – Permanent Residents of Canada – who apply for a visa at a US Consulate within Canada may be eligible for a waiver.
However, “Permanent residents (landed immigrants) of Canada must have a non-immigrant visa unless the permanent resident is a national of a country that participates in the Visa Waiver Program (VWP), meets the VWP requirements, and is seeking to enter the United States for 90 days or less under that program.”
Note: VWP nationals must have an Electronic System Travel Authorization (ESTA) approval prior to travel
The Executive Order allows for waivers to be granted to foreign nationals from those six countries if they had previously been admitted to the United States for a continuous period of work, study or other long-term activity, is outside the United States on the effective date of the order, and is seeking to re-enter to resume that activity.
Many Canadian and American airlines have agreed to waive cancellation fees and have established policies to reimburse or credit customers who have been affected.
Most individuals are still eligible to travel to and enter the USA. Please visit the U.S. Department of State – U.S. Visas website for further information.
However, if you are a citizen of one of the affected countries (Iran, Libya, Somalia, Sudan, Syria and Yemen) you may not be able to apply for a visa or schedule a visa appointment unless you meet one of the exceptions under section 3 of the revised Executive Order.
If you are an international student at Western University and would like clarification on whether you will be affected by the Executive Order, you are welcome to stop by the IESC during immigration drop-in hours to speak to an International Student Advisor.
“A foreign national affected by the Executive Order who was in Canada as of January 27th and who has either valid temporary resident status, requires temporary resident status or restoration, may apply to extend their stay in Canada by submitting an online or paper application. Applicants are required to detail how they are affected by the Executive Order in a separate document/letter with their application.
These foreign nationals may also apply for an open work permit from within Canada if they meet the requirements to obtain a work permit.
These individuals will benefit from the following fee exemptions:
- restoration of status fee ($200)
- temporary resident extension application processing fees
- Visitor Record ($100)
- Work Permit ($155)
- open work permit privilege fee (for those already in Canada on January 27, 2017)” [IRCC OB636 – February 1, 2017]
For further information, please see the link below:
The order becomes effective at 12:01am on Thursday March 16, 2017.
The Executive Order signed on March 6, 2017 imposes a suspension of the entry of nationals and processing of visa applications from nationals of Iran, Libya, Somalia, Sudan, Syrian and Yemen, if they:
- are outside the United States on the effective date of this order;
- did not have a valid visa at 5:00 p.m., eastern standard time on January 27, 2017; and
- do not have a valid visa on the effective date of this order.
Section 3 of the Executive Order provides for exceptions and includes the following foreign nationals of the designated countries:
- US permanent residents
- Any foreign national who is admitted into the United States on or after the effective date
- Any foreign national who has a document other than a visa (e.g., Travel Document, advanced parole document) valid on the effective date or issued thereafter that permits him/her to travel to the US and seek entry
- Dual nationals of a designated country when the individual is traveling on a passport issued by a non-designated country
- Foreign nationals travelling on diplomatic-type visas, NATO or UN visas.
- Foreign nationals who have been granted asylum, or refugees who have already been admitted into the US
Case-by-case waivers may also be granted under section 3(c) where applicants demonstrate that undue hardship would be caused. Some examples include:
- the foreign national has previously been admitted to the United States for a continuous period of work, study, or other long-term activity, is outside the United States on the effective date of this order, seeks to reenter the United States to resume that activity, and the denial of reentry during the suspension period would impair that activity;
- the foreign national has previously established significant contacts with the United States but is outside the United States on the effective date of this order for work, study, or other lawful activity;
- the foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry during the suspension period would impair those obligations;
- the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry during the suspension period would cause undue hardship;
- the foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;
- the foreign national is a landed Canadian immigrant who applies for a visa at a location within Canada
Individuals whose visas were marked revoked or cancelled as a result of EO 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the US and seek entry. Any cancellation or revocation as a result of EO 13769 will not prejudice the applicant in future applications. You will need to apply for a travel document through the US Consulate or Embassy nearest you.