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DHS Clarifies “Close Family” Exception to Travel Ban

USA_visa_issued_by_Shenyang_2012-300x208On June 29, 2017 the Department of Homeland Security revised their initial definition of the “close family” exception to the travel ban.  (See Blog Entry June 27, 2017) [The designated countries are Syria, Iran, Somalia, Sudan, Libya, Yemen]  Now, a close familial relationship is defined as a parent (including parent-in-law), spouse, fiance, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half, and includes step relationships.  “Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, and any other “extended” family members.  This means that those in the close family relationship category from the six designated travel countries (Syria, Iran, Somolia, Sudan, Libya and Yemen) are eligible to apply for immigrant and nonimmigrant visas, although they will need to establish a bona fide relationship with the person in the United States.   DHS published FAQ’s stating that USCIS will continue to interview refugee applicants from the six designated countries, however they will also have to prove a bona fide relationship with a person or entity in the United States.

We at Kalita Law Group will continue to update you as DOS and DHS sort out implementation policy.