Frequently Asked Questions

These FAQs are intended to address questions that international students, scholars or faculty may have. If you are a DACA or undocumented student, please see the Deferred Action for Childhood Arrivals (DACA) and Undocumented Student FAQs. If you are interested in more information on what an executive order is and the structure of the United States government as it relates to laws and executive orders, please see an explanation provided by NAFSA: the Association of International Educators. 

These FAQs are informational and do not constitute legal advice. Each individual’s situation is different, and the best course of action for each individual may vary depending on that person’s particular situation. Be aware that as federal developments related to immigration occur, the information provided below may change.

Resources listed in these FAQs are also provided for informational purposes only. Linking to a website or document does not indicate endorsement of the content, or the organization hosting the content.

If you have questions regarding these FAQs, please contact Office of International Services in the Division of International Programs: (541) 737-6310.

Temporary Restraining Order

On March 15 and 16, 2017, two different temporary restraining orders were issued halting the implementation of the March 6, 2017 executive order related to immigration. Links to the temporary restraining orders are listed below. Please note, as with the previous legal actions related to this issue, these halts are temporary in nature and could change at any time. Individuals with questions or concerns about travel as it relates to this latest executive order should strongly consider the necessity of any travel being planned.

Hawaii v. Trump (District Court of Hawaii) – nationwide temporary restraining order prohibiting the federal government from enforcing the new executive order, Sections 2 and 6, temporary suspensions of entry of foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, and refugees:
https://assets.documentcloud.org/documents/3518045/Download.pdf

International Refugee Assistance Project v. Trump (District Court of Maryland) - nationwide preliminary injunction prohibiting the federal government from enforcing the new executive order, Section 2(c), the 90-day suspension of entry of foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen: https://assets.documentcloud.org/documents/3518174/D-Md-Null-Null-0.pdf

On March 6, 2017, a revised executive order related to immigration was signed, Executive Order 13780. The new executive order will take effect on March 16, 2017. On the new executive order’s effective date, Executive Order 13769, related to immigration and signed January 27, 2017, will be revoked. The new executive order prohibits non-U.S. citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States until at least June 14, 2017. Notably, Iraq is no longer on the list of suspended countries. The new executive order also temporarily halts the refugee program and suspends the visa interview waiver program.

The new executive order can be found at: https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states

The U.S. Department of Homeland Security and the U.S. Department of State provide additional information on the executive order, see:

The new executive order applies to nationals of the designated countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen) who:

  1. Are outside the U.S. as of March 16, 2017;
  2. Did not have a valid visa stamp at 5 p.m. EST on January 27, 2017; and, 3. Do not have a valid visa stamp as of March 16, 2017.

U.S. lawful permanent residents are not subject to the new executive order and may travel into the United States. However, we continue to strongly recommend that you carefully assess all international travel plans, including travel plans to unlisted countries, based on the: importance of the travel during this time of uncertainty; travel destinations; and immigration, U.S. visa, and U.S. residency status of the individual traveling.

Dual citizens entering the U.S will be processed based on the passport document that they present at the point of entry. Dual citizens from one of the six listed countries will not be subject to the new executive order if they present a passport from a non-designated country.

The new executive order does not revoke any immigrant or nonimmigrant visa stamp issued before March 16, 2017. A person who receives a valid U.S. visa before March 16, 2017 is permitted to travel to the U.S. and seek entry at any time. Any individual who had his or her U.S. visa stamp revoked or cancelled solely under Executive Order 13769, signed January 27, 2017, is entitled to a new U.S. travel document confirming that the individual is permitted to travel to the U.S. and seek entry.

The new Executive Order does not affect individuals who have a valid U.S. visa on March 16, 2017, or held a valid U.S. visa on January 27, 2017 prior to the issuance of the Executive Order. However, travelers must have a valid U.S. visa to travel to the United States, regardless of the Executive Order. Travelers whose U. S. visa expires on or after March 16, 2017 must obtain a new, valid U.S. visa to return to the United States.

Yes. Exceptions apply to the categories listed below:

  1. Lawful permanent residents of the U.S. (green card holders).
  2. Parolees to the U.S. on or after March 16, 2017.
  3. A foreign national who has a document other than a visa, valid on March 16, 2017 or issued thereafter, that permits him or her to travel to the U.S. (such as advance parole).
  4. Any dual national of a listed country when the individual is traveling on a passport issued by a non-listed country.
  5. Certain foreign nationals traveling on diplomatic or diplomatic-type visas such as NATO, C-2 for travel to the United Nations, G-1, G-2, G-3, or G-4 visas.
  6. Foreign nationals granted asylum, any refugee who has already been admitted to the U.S., or certain individuals covered by the Convention Against Torture.
  7. Waivers are available on a case-by-case basis to authorize visa issuance or entry. One example provided in the new executive order is for a foreign national previously admitted to the U.S for a continuous period of work, study, or other long-term activity that is outside the U.S. as of March 16, 2017 and seeks entry to resume that activity in the U.S. and denial would impair that activity. However, the waiver process and likelihood of success are unknown at this time.
  8. Nationals of Iraq. National of Iraq seeking entry may undergo additional screening.

Until there is greater clarity on details of implementation and enforcement of this executive order, we strongly recommend that you carefully assess all international travel plans, including travel plans to unlisted countries, based on the: importance of the travel during this time of uncertainty; travel destinations; and immigration, U.S. visa, and U.S. residency status of the individual traveling.

Yes, but you should carefully assess all international travel plans, including travel plans to unlisted countries, based on the importance of the travel and the travel destinations.

There is a possibility of retaliatory restrictions by other countries on U.S. citizens. We are aware that Iran has made public statements that it is implementing reciprocal restrictions on U.S. citizens, meaning that U.S. citizens may not be allowed into Iran until the U.S. restrictions on Iranian citizens are lifted.

The executive order does not address travel within the U.S. If you must travel within the U.S be sure to travel with all your immigration related documents that support your lawful immigration status in the U.S.

The executive order may affect your family’s international travel, depending upon whether they are from one of the six listed countries; their travel destinations; and the immigration and U.S. visa status of the individuals traveling. See travel FAQs, above.

First, call your immigration attorney.  If you do not have an immigration attorney, please see the list of potential resources at the end of these FAQs.

Second, contact the OSU Office of International Services in the Division of International Programs at (541) 737-6310. OSU cannot provide you legal advice but can provide you with a list of available resources.

The president has broad discretionary authority related to immigration and it is uncertain whether the executive order will be overturned.

On February 3, 2017, the U.S. District Court for the Western District of Washington in Seattle granted a temporary restraining order (TRO) that temporarily prohibits the Federal government from enforcing Section 3(c) of Executive Order 13769, the provision that established the 90-day suspension on entry of "immigrants and nonimmigrants" from Iran, Libya, Somalia, Sudan, Syria, and Yemen.

Remember that a temporary restraining order is, as its name indicates, temporary. The situation remains very fluid. Travelers must remain aware that the situation could change rapidly, and consult legal counsel when needed. (Answer courtesy of NAFSA: The Association of International Educators)

The executive order does not address the lawful immigration status of students who are currently in the U.S. International students who meet the institution’s registration requirements will be eligible to continue with the studies. It is critical that all international students ensure that they continue to maintain their immigration status. If you need to return to your country of citizenship to maintain your U.S. immigration status, see the FAQs concerning travel, above.

The executive order suspends a visa interview waiver program that was in place at U.S. consulates worldwide.  The waiver exempted some visa renewal applicants from an in-person consular interview. The suspension of the interview waiver applies to all U.S. visa applicants regardless of country of nationality or citizenship, and means that wait times for visa interviews may increase.  Only in rare cases, such as visas for foreign diplomats, may the State Department exempt an applicant from the personal interview requirement.

No, the executive order applies only to entry to the U.S.  The ability to apply for and extend current work visa status for eligible students and scholars or to apply for Lawful Permanent Residence or U.S. Citizenship from within the United States has not been impacted. The order does call for a review of the conferral of such immigration benefits to the affected groups.

Avoiding international travel may be the wisest course at this time. If you have the ability to obtain a more durable immigration status such as Lawful Permanent Residence or U.S. Citizenship, taking steps to do so may improve your ability to remain in the U.S. and travel internationally in the future without interruption.

If OSU international students are unable to continue their studies in the U.S. due to the executive order, students are advised to reach out to their academic departments for guidance on continuing studies so that each situation can be reviewed on a case-by-case basis. For example, it is possible that an international student may be able to continue studies via online courses.

Each student and employee is a valued member of our university community. OSU remains unwavering in its commitment to inclusive excellence, social justice, diversity of all kinds and the safety of all people. OSU is fully committed to support students’ pursuit of their education and faculty’s work in teaching and research. Student admissions, employee hiring and research assignment process has not changed in light of the Executive orders.

International students in the U.S who are eligible for research opportunities are not impacted by the executive order. Due to Export Administration Regulations (EAR), §734.2(b)(2)(ii) on Deemed Export, some research restrictions apply to foreign nationals. Students with specific cases of concern should contact the Office of Equal Opportunity and Access. Additional information on Export Administration Regulations is available from the OSU Research Office's Office of Research Integrity or the U.S. Department of Commerce Bureau of Industry and Security.

Students with legal questions are strongly encouraged to seek prompt legal advice for their specific personal and family circumstances. Resources to find an immigration attorney include:

  • OSU ASOSU Legal Services – provides free attorney consultations directly to any OSU student, regardless of where the student is located. ASOSU Legal Services can be reached at (541) 737-4165 or http://asosu.oregonstate.edu/legal-advising
  • Oregon State Bar Lawyer Referral Service – initial 30 min. consultation for $35 with a member of the Oregon State Bar - (1-800-452-7636) or http://www.osbar.org/public/ris/
  • American Immigration Lawyers Association Immigration Lawyer Referral Service – provides referrals to immigration attorneys across the US - http://www.ailalawyer.com/

 

These FAQs based in part on the 1/27/17 Fragomen Client Alerts and 1/30/17 Ford Murray Client Advisory regarding Presidential Executive Order.

 

This session provided by the Division of International Programs provides a brief overview on the January 2017 executive order and its impact on international students, scholars and faculty, and those who work with those populations. Following the overview, a Q&A with audience members addressed specific questions from those in the Oregon State community. This video is informational and does not constitute legal advice. The views of invited speakers and audience members do not necessarily represent the views of OSU. OSU speakers who are not OSU employees are volunteers and OSU’s invitation to speak and posting of the video do not indicate endorsement of the content, or the volunteer speakers.

The frequently asked questions (FAQs) referenced in this video are found above.

For more information on Oregon State Universities response to other recent executive orders, please visit the Recent Federal Actions page.