06/29/2017 - Travel Ban Update



What is a Bona Fide Relationship?
 
The U.S. Supreme Court issued a decision on Monday regarding whether the temporary injunctions entered by the lower courts against Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” commonly known as the Travel Ban, should be upheld.  In short, the Supreme Court indicated the Travel Ban should not apply to individuals who have “any bona fide relationship with a person or entity in the United States.”  The Travel Ban could however be applied to those without such a connection.  Additionally, where the Executive Order suspended the U.S. refugee program, the Supreme Court is allowing those with similar bona fide relationships to enter the U.S.
 
Developing News:
  1. What is considered a “bona fide relationship?”  Our latest sources indicate that the agencies implementing the Travel Ban have been instructed that a bona fide relationship includes a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law, or sibling already in the United States.  Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers- and sisters-in-law, fiancées/fiancés, or other extended family members do not qualify.
  2. New rule is to take effect 8PM EST on Thursday, June 29, 2017.  (Some sources indicate to us that the rule will take effect as early as 10:30AM on Thursday, i.e., today, at Boston Logan.)
 
Stay tuned.  Please note that the above information has been provided for educational purposes, not legal advice.  Please contact your Clark Lau LLC attorney to determine how this may apply to your specific situations.

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