Update from 12/5/2017:

December 5, 2017 Update on Travel Ban

As background, there have been three “travel ban” orders by the U.S. Government. The first ban went into effect on January 27, 2017. This 90-day “Travel Ban 1.0” affected some CSU students until the courts blocked the Executive Order. On March 6, 2017, “Travel Ban 2.0”, also a 90-day ban, was issued by the Government. This ban was also blocked by courts and litigation continues. “Travel Ban 3.0” was issued on September 24, 2017 and was partially blocked by court orders. However, on December 4, 2017, the United States Supreme Court lifted the injunctions of the U.S. District Courts in Hawaii and Maryland. This means that Proclamation 9545 (Travel Ban 3.0) will now be enforced.

The effects of the travel ban vary by the eight affected countries as detailed below. Please note that ONLY these countries are affected. If your country is not listed, you are not affected by the ban.

Chad

  • Entry as an immigrant is suspended
  • Entry is suspended for nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas
  • Entry under other types of nonimmigrant visas is not suspended

Iran

  • Entry as an immigrant is suspended
  • Entry of Iranian nationals “under valid student (F and M) and exchange visitor (J) visas is not suspended, although such individuals should be subject to enhanced screening and vetting requirements.”
  • Entry under other types of nonimmigrant visas is suspended

Libya

    • Entry as an immigrant is suspended
    • Entry is suspended for nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas.

Entry under other types of nonimmigrant visas is not suspended

North Korea

  • Entry as an immigrant is suspended
  • Entry is suspended for all nonimmigrant visa categories

Syria

  • Entry as an immigrant is suspended
  • Entry is suspended for all nonimmigrant visa categories

Venezuela

  • Entry is suspended for Venezuelan nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, but only for officials of government agencies of Venezuela involved in screening and vetting procedures – including the Ministry of the Popular Power for Interior, Justice and Peace; the Administrative Service of Identification, Migration and Immigration; the Scientific, Penal and Criminal Investigation Service Corps; the Bolivarian National Intelligence Service; and the Ministry of the Popular Power for Foreign Relations – and their immediate family members.
  • Nationals of Venezuela not subject to the above suspension should nevertheless “be subject to appropriate additional measures to ensure traveler information remains current.”

Yemen

  • Entry as an immigrant is suspended
  • Entry is suspended for nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas
  • Entry under other types of nonimmigrant visas is not suspended

Somalia

  • Entry as an immigrant is suspended
  • “Visa adjudications for nationals of Somalia and decisions regarding their entry as nonimmigrants should be subject to additional scrutiny to determine if applicants are connected to terrorist organizations or otherwise pose a threat to the national security or public safety of the United States.”

Please note that there are certain exceptions and exemptions from the ban. Information about this is rather complicated. We’ve listed it below but please let ISSS know if you wish to discuss any of the following.

General Exemption
Under Proclamation 9645 Section 3(a), the entry ban generally applies only to nationals of subject countries who were outside the United States and without a valid U.S. visa on the applicable effective date of the Proclamation.
And so, individuals who meet either of the following conditions are exempt from this entry ban:

  • Were inside the United States as of the applicable effective date; or
  • Had a valid U.S. visa on the applicable effective date

General Exceptions

Under Proclamation Section 3(b), the entry ban also does not apply to:

    1. Any lawful permanent resident of the United States;
    2. Any foreign national who is admitted to or paroled into the United States on or after the applicable effective date of the Proclamation;
    3. Any foreign national who has a document other than a visa, valid on the applicable effective date of the Proclamation, or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as advance parole;
    4. Any dual national of a country designated under the order when traveling on a passport issued by a non-designated country;
    5. Any applicant traveling on an A-1, A-2, NATO-1 through NATO-6 visa, C-2 for travel to the United Nations, G-1, G-2, G-3, or G-4 visa, or a diplomatic-type visa of any classification;
    6. Any foreign national who has been granted asylum;
    7. Any refugee who has already been admitted to the United States;
    8. Any individual who has been granted withholding of removal, advance parole, or protection under the Convention Against Torture

An individual who fits into any one of these categories should not be subject to the travel ban.

Waivers
Section 3(c) of the Proclamation grants authority to consular and immigration officials to grant waivers on a case-by-case basis to an individual who would otherwise be subject to the Proclamation’s entry ban, but who “demonstrates to the consular officer’s or CBP official’s satisfaction that:

      1. denying entry during the suspension period would cause the foreign national undue hardship;
      2. entry would not pose a threat to the national security or public safety of the United States;
      3. entry would be in the national interest.”

 

It is likely that the process to apply for a waiver would be similar to the waiver process envisioned for the prior 90-day entry bar. Under that process, there is no separate “waiver application.” Instead, an individual who believes he or she is eligible for a waiver would apply for the visa as normal, but include information that supports his or her eligibility for a waiver. We expect the Department of State to issue field guidance that will clarify the process.
Because the standard for establishing eligibility for a waiver is so broad, section 3(c) also offers ten examples of circumstances where a case-by-case waiver could be appropriate. These examples in the Proclamation are not an exclusive list, nor are they a “guarantee.” Other situations where an applicant can establish that his or her entry meets the standard for a waiver might also be considered by a consular or immigration official.

      1. 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 applicable effective date under section 7 of this proclamation, seeks to reenter the United States to resume that activity, and the denial of reentry would impair that activity;
      2. the foreign national has previously established significant contacts with the United States but is outside the United States on the applicable effective date under section 7 of this proclamation for work, study, or other lawful activity;
      3. the foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry would impair those obligations;
      4. 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 would cause the foreign national undue hardship;
      5. 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;
      6. the foreign national has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee) and the foreign national can document that he or she has provided faithful and valuable service to the United States Government;
      7. the foreign national is traveling for purposes related to an international organization designated under the International Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting meetings or business with the United States Government, or traveling to conduct business on behalf of an international organization not designated under the IOIA;
      8. the foreign national is a Canadian permanent resident who applies for a visa at a location within Canada;
      9. the foreign national is traveling as a United States Government-sponsored exchange visitor;
      10. the foreign national is traveling to the United States, at the request of a United States Government department or agency, for legitimate law enforcement, foreign policy, or national security purposes.

 

Update from 3/16/2017:

Federal Judges Temporarily Block Executive Order

On Wednesday, March 15, two federal judges issued a temporary restraining order on the implementation of President Trump’s second executive order on immigration, set to take effect at midnight on March 16. The effect of the judges’ ruling is that people from the six named countries – Sudan, Syria, Iran, Libya, Somalia and Yemen – may continue to travel and apply for visas and other immigration benefits. CSU students and scholars from these countries should still consult with International Student & Scholar Services prior to traveling so that we can review any developments and help weigh the decision.

The Office of International Programs and International Student & Scholar Services continue to monitor the situation closely and will continue to provide updates to our international community.

 

Update from 3/6/2017:

On Monday, March 6, 2017, President Trump signed a second Executive Order on immigration titled “Protecting The Nation From Foreign Terrorist Entry To The United States.” The order states that individuals from Sudan, Syria, Iran, Libya, Somalia and Yemen who are outside the United States and did not have a valid visa prior to January 27, 2017, and do not have a valid visa currently, are not eligible to enter the U.S. during a temporary suspension period. The 90-day suspension is set to go into effect on March 16, 2017. The new order does not include current visa holders, permanent residents and dual citizens, and individuals from Iraq.

Further information about the executive order can be found on the Department of Homeland Security Website.

There are 97 students from the six named countries currently enrolled at Colorado State University. To our knowledge, none of our students have been stranded outside of the country as a result of this Executive Order. Based on the available information, CSU students, faculty and staff with a current multiple entry U.S. visa can continue to travel outside of the United States. Individuals with expired or one entry visas, and anyone else with questions regarding international travel, should contact International Student & Scholar Services.

The Office of International Programs and International Student & Scholar Services continue to monitor the situation closely, and to provide resources and support for CSU’s international student community.

AVAILABLE RESOURCES FOR STUDENTS

      • For questions related to the travel ban, contact the Office of International Programs.
      • Student Legal Services offers free consultations with an immigration attorney on limited days every month. Sign up in-person.
      • The CSU Police Department is available and will be focusing policing efforts on CSU’s Principles of Community. Contact CSUPD directly if you have safety concerns.
      • The SafeWalk program is available from dusk to dawn and provides a campus officer as a safe escort to another campus location or anywhere within a three-block radius.
      • CSU Health Network has counseling assistance available for students at all times.
        • (970) 491-6053, after hours: (970) 491-7111
      • Students also can contact Student Case Management for help navigating difficult medical, mental health, behavioral, personal or family crisis, illness, or injury situations.
        • (970) 491-8051
      • For questions and concerns about bias, prejudice, discrimination or harassment, contact the Office of Equal Opportunity.
      • CSU Employees have 24/7 access to our Employee Assistance Program.
        • (970) 491-1527, after hours: 1-800-497-9133
      • If you don’t know where to go for help, use the CSU Tell Someone system. You can use the system to report concerns about someone else’s well-being or mental health, or if you feel you have experienced discrimination, racism, or bias.

 

Update from 2/6/2017:

At this time, the student who went to his home country to get married has not returned. He and his wife are hopeful that they will be able to secure visas and return to the United States together.

The third individual impacted by the travel ban, a research scholar who was in his home country conducting research, is not actively trying to return to the U.S. at this time.

We continue to monitor the situation closely.

 

Update from 2/4/2017:

Stranded CSU student returns due to temporary restraining order

A CSU Ph.D. student and her infant son who have been unable to return to the United States have safely arrived and been admitted to the United States today. The student is looking forward to the reunion with her husband and three other children when she reaches Colorado in the coming days. During the past week we have had strong support and guidance from the offices of Sen. Cory Gardner, Sen. Michael Bennett and U.S. Rep. Jared Polis in this matter, for which we are very grateful.

CSU has other students from the seven affected countries who had returned to their home nations for family reasons or for work obligations. ISSS is communicating with these other students. We will continue to monitor the latest information and report updates to the international community.

In the meantime, we are overjoyed at this happy news and wish all the best to our student and her family.

 

Update from 2/1/2017:

Update on CSU international students unable to return due to the President’s Executive Order on Immigration

There has been an outpouring of concern about the three international students and scholars who are unable to return to CSU. This information is meant to provide an update to concerned parties.

One student was unable to board her plane back to CSU. The student was traveling with her infant son. At this time, she is back in her home country while her husband remains in Fort Collins with their three other children. CSU has been working closely with our elected officials in Washington, D.C. – in particular Sen. Cory Gardner, Sen. Michael Bennett and U.S. Rep. Jared Polis –  who are liaising with the State Department and the Department of Homeland Security. CSU is very grateful for their tremendous support and effort of our congressional delegation on the matter. This is a top priority for the University and everything is being done that is possible to bring our students back to CSU.

For those interested in making a donation, the family has set up a GoFundMe account.

Another student went to his home country to get married. The couple is waiting to receive their visas and then to receive clearance to return. At this point, neither of these steps are possible due to the 90 day travel ban. We continue to monitor this situation closely and hope to find a solution sooner.

A third individual is a research scholar who was in his home country doing research. This scholar was planning to return in March to rejoin his wife who is currently studying at CSU. We are in close touch with this family and attempting to find a way to reunite them here.

Students at CSU from the seven countries affected by the travel ban are advised not to travel outside of the United States. These countries include:  Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen.

Due to how the Executive Order was issued, various government agencies are still working out procedures. There have been some changes, such as allowing permanent residents to enter the United States, and other changes are under discussion. Based on the fluid nature of the information in this matter, ISSS will continue to provide updates once new facts and procedures are verified.

 

An email containing the following information was sent to Colorado State University’s international students and scholars on 1/29/2017:

Analysis of the Executive Order

On Friday, January 27, 2017, President Trump signed an Executive Order entitled “Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals”. Section 3 of that Order suspends entry into the United States of both nonimmigrants on F, J, H, and other visas and immigrants with permanent residence as well as dual nationals of the seven countries which include: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.  The ban on travel to the U.S. is for 90 days.  Although most of our students and scholars are currently on campus, we have been in touch with some who are now stranded outside of the U.S.  If you know of individuals who are currently in this situation, please contact an ISSS advisor or the ISSS Director so that we may have a complete picture of affected parties. Furthermore, some individuals who were already in flight to the United States when the Executive Order was issued have been detained at airports in the U.S. ISSS has not heard of anybody from CSU who is detained but again, please let us know immediately of any such situations. The Order will also potentially affect issuance of visas for new and continuing students and scholars. The Order also suspends refugee admissions. The travel ban has generated lawsuits, a federal judge’s temporary injunction against detention of arrivals at certain U.S. airports, and nationwide protests including one at Denver International Airport. It is not clear at this point in time if there will be any changes to the Executive Order. As always, ISSS will continue to monitor this rapidly evolving situation, keep our international community informed, and advocate for policies that are conducive to international educational exchange.

Travel Advisory for affected members of the CSU community

A Travel Advisory is now in effect for any CSU students and scholars from the affected countries. If you are from one of these seven countries, hold a nonimmigrant or immigrant visa, or are a dual national, we advise you to avoid any travel outside of the United States. Our concern is that such travel may result in a disruption of your studies or work here, separate family members, and create hardships. ISSS has met with several student leaders already and we will be reaching out, via this Alert and other messages, to potentially impacted individuals. Please contact ISSS within the Office of International Programs to meet with an adviser if you have questions about the travel ban.

Available resources

In addition to ISSS, the University has several resources. The Counseling Center offers confidential support for students undergoing stress (http://health.colostate.edu/). Also, Student Legal Services (http://sls.colostate.edu/) has contracted with an immigration attorney and will start offering consultations soon. More information about this new service will be provided soon via ISSSnews. Lastly, several organizations are providing ongoing analysis including the American Civil Liberties Union, the National Immigration Law Center, and the Council on Islamic American Relations.  Remember, none of this constitutes legal advice – for that you need to consult a licensed immigration attorney – but these resources may be useful to remain updated on any developments.

Ongoing support

Colorado State University remains committed to the thousands of international students and scholars and to the immigrants within our community. We have welcomed international students to campus since the 1890s. The intellectual, cultural, and personal contributions you make to campus are incalculable. All of you, whatever your national origin or religion, remain welcome and a cherished part of the CSU family. We will continue to support you in any way we can, to keep you informed, and to promote international friendship and educational exchange.