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Immigration Ban Questions & Answers
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Q. How will the executive order affect college students from the barred countries, such as F1/J1/M1
visa holders? Are they included in the ban? What kind of guidance is being given to foreign
students from these countries legally in the U.S.?
A. F1/J1/M1 visas are currently temporarily suspended due to the executive order. Individuals who were in the
U.S. at the time of the signing of the executive order are not affected by the order. However, individuals who
were out of the country at the time of the signing, or who travel out of the country and attempt to return will not
be allowed to return at this time. The Department is evaluating whether those who are precluded from
returning as a result of the Executive Order will be considered to have maintained their status as F1 or M1
students.
Q. Is it correct that DHS workers were instructed to implement at 4:30pm Friday, January 27?
A. The Executive Order and the instructions therein were effective at the time of the order’s signing. Guidance
was provided to DHS field personnel shortly thereafter.
Q. Can USCIS continue refugee interviews of religious minorities and for countries with which we
have an agreement?
A. DHS and DOS continue to review the Executive Order and will conduct interviews as appropriate and consistent
with the Executive Order.
Q. Will the U.S. accept emergency requests to process a refugee who will then travel?
A. DHS and DOS will coordinate the processing of individual refugee cases which may be appropriate for travel
consistent with the Executive Order.
Q. Can the exception for refugee admission be used in I-730 cases (family members following to join)
for the petition of refugee/asylee relatives?
A. These cases will be evaluated on a case-by-case basis.
Q. Does "from one of the seven countries" mean citizen, national or born-in?
A. Travelers are being treated according to the travel document they present.
Q. Does the executive order apply to those being adjudicated for naturalization?
A. No. USCIS will continue to adjudicate N-400 applications for naturalization and administer the oath of citizenship
consistent with prior practices.
Q. What about refugees who are considered to be in transit?
A. There are currently 872 refugees who are considered to be in transit who are scheduled to arrive in the United
States this week. The Secretaries of State and DHS have coordinated and will process the 872 individuals
consistent with the terms of the Executive Order, which we’ve operationalized by assessing each traveler on a
case-by-case basis.