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.

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

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

 

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.

Presidential Executive Order 13769, related to immigration, was signed on January 27, 2017.  The executive order prohibits non-U.S. citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the United States until at least April 27, 2017. The order also temporarily halts the refugee program and the Syrian refugee program, indefinitely.

This order has resulted in uncertainty for affected individuals traveling internationally and, according to news reports, some travelers are experiencing difficulties reentering the United States. 

The executive order can be found at: https://www.whitehouse.gov/the-press-office/2017/01/27/executive-order-protecting-nation-foreign-terrorist-entry-united-states

Federal agencies are providing additional information on the executive order but implementation has been inconsistent.  For additional information from U.S. Customs and Border Protection, see: https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states

Oregon State University (OSU) values all of its community members and will continue to be vigilant, active, and in close communication with our federal legislators in order to protect and respect the interests and the rights of OSU students, faculty, staff, and their families.

Please also refer to OSU’s travel advisory, dated January 30, 2017.

To minimize potential difficulty for international travelers we strongly recommend that any of the following individuals not travel internationally without first obtaining legal advice from an immigration attorney:

(a) a person who is a citizen of one of the 7 listed countries,

(b) a person who was born in one of the 7 listed countries and is not a U.S. citizen, or

(c) a person holding dual citizenship in one of the 7 listed countries.

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.

For U.S. lawful permanent residents (Green Card holders), there has been inconsistent application of the executive order.  U.S. lawful permanent residents are reviewed on a case-by-case basis by the U.S. federal government before they are allowed into United States.

The federal guidance, as of 2/01/2017, is that U.S. lawful permanent residents are eligible for national interest waivers on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits. There is little known about the waiver system at this time and we recommend considering suspending international travel until there is more clarity on waivers.

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 7 listed countries; their travel destinations; and the immigration, U.S. visa, and U.S. residency 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 – (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 ban on entry of "immigrants and nonimmigrants" from Iran, Iraq, 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.

Please visit the Office of International Services and meet with an international student/scholar advisor - (541) 737-6310. We are here to support you and assist with your concerns. For complex questions beyond our scope of knowledge or legal advice, we are happy to provide resources to help you find an immigration attorney.

Enrolled students can access the OSU counseling center, CAPS (Counseling and Psychological Services), which provides individual and confidential counseling sessions, group sessions and self-help tools. CAPS - http://counseling.oregonstate.edu or (541) 737-2131.

 

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.