Frequently Asked Questions for Students & Scholars

• Can I travel outside of the United States during the ban?
• The new 90-day travel ban, which is effective March 16, 2017 applies to nationals of the 6 designated countries (Iran, Libya, Somalia, Sudan, Syria and Yemen) who are:
  1) Outside the US on March 16, 2017
  2) Did not have a valid immigrant or non-immigrant visa at 5pm EST on January 27, 2017; and
  3) Do not have a valid visa on March 16, 2017
  
  Individuals who are exempt from the new travel ban include:

  1) Any US lawful permanent resident
  2) Holders of a visa that is valid on the effective date of the Executive Order or any date thereafter which permits travel to the US.
  3) Dual citizens of one of the 6 countries and the US (such individuals are always considered U.S. citizens)
  4) Dual citizens of one of the 6 countries and another country not on the list of 6, who will enter the US on the basis of a valid passport issued by the country not on the list of 6

  The new Executive Order includes information about waivers to the suspension of US entry to nationals from the list of 6 countries by US Custom and Border Protections (CBP) or consular officers on a case-by-case basis, requiring demonstration of “undue hardship” and determination that entry “would not pose a threat to national security and would be in the national interest.” Grounds for the waivers were listed in the Executive Order but it remains to be seen how officers will apply them on a discretionary basis.

  Iraq has been removed from the list. However, Iraqi nationals’ applications for visa, admission or other immigration benefits will be subject to thorough review.

  If you are not from one of the 6 affected countries and have a valid visa, travel should not be problematic but please remember, SISS is unable to guarantee U.S. admission to any individual, no matter what country they are from, as CBP officers will make their decision on policies/procedures and the sum of information that is presented to them. 

• What about current status benefits like OPT, STEM OPT, CPT, and Academic Training for students from countries listed in the EO?
• SISS has the authorization to approve or deny requests for CPT for F-1 students and Academic Training for J-1 students. SISS will review requests for CPT and Academic Training and will approve or deny (and request more information) based on the same academic and regulatory provisions we have used prior to the EO.
  
  OPT and STEM OPT for F-1 students are adjudicated through USCIS after SISS makes a recommendation on the I-20. SISS will continue to make recommendations based on the same criteria used prior to the EO. A USCIS Memo from 2/2/17 provides guidance to officers to continue with the adjudication of petitions regardless of the individual’s country of nationality. At this time, it remains to be seen how cases will be adjudicated and if there’ll be consistency in approach.
• What about status extensions of current UC Davis Students and Scholars from the countries list in the EO?

• The F-1 and F-2 status may be extended by extending Form I-20, if otherwise eligible. The extension is also processed by SISS in SEVIS and does not require USCIS approval.

  The J-1 and J-2 status may be extended by extending Form DS-2019, if otherwise eligible. The extension is also processed by SISS in SEVIS and does not require USCIS approval.

  The H-1B status is extended through USCIS processing. We anticipate continued adjudication of petitions regardless of the individual’s country of nationality. However, at this time, it remains to be seen how cases will be adjudicated, if there’ll be consistency in approach and processing delays.

• What about change of status applications of current UC Davis Students and Scholars from the countries list in the EO?
• We anticipate that the adjudication of petitions regardless of the individual’s country of nationality also applies to change of status applications. Standard eligibility requirements still apply. At this time, it remains to be seen how cases will be adjudicated and if there’ll be consistency in approach. We will provide updates as the full impact of the new Executive Order becomes clear.
• What about J-2 employment applications of dependents from the countries list in the EO?
• We anticipate continuation of adjudication of petitions regardless of the individual’s country of nationality also applies to change of status applications. Standard eligibility requirements still apply. At this time, it remains to be seen how cases will be adjudicated and if there’ll be consistency in approach. We will provide updates as the full impact of the new Executive Order becomes clear.
• Will there be changes to the H-1B program?
• At this time, there is no information regarding any changes for any particular visa category/program. Current regulations remain in place. We are following developments closely and will keep you informed.
• Where can I find support if I have questions about my immigration status? 
• A starting point is to speak to your SISS advisor. For complex legal assistance, you should consult with an immigration attorney. SISS maintains a list of immigration attorneys that we can provide to you, if needed.

  
  Additional resource:

  During a conversation with the Chancellor on the executive order on Feb. 2, a representative from CAIR California (Council on American-Islamic Relations) introduced herself to the audience and announced that CAIR provides free legal advice. Here is the contact information:

  Danna Elneil
  Operations Coordinator
  delneil@cair.com805-657-3938

  The Sacramento Valley Chapter of CAIR is located at 717 K Street, Suite 217, Sacramento, CA 95814.  Tel: 916-441-6269

• What are my rights and how can I protect myself?
• The American Civil Liberties Union has a series of Know Your Rights resources available on topics of immigration status, being stopped by police, attending demonstrations/protests, and anti-Muslim discrimination. 
• How can I share the impact the EO has on me (and my family)?
• You can talk to or e-mail an SISS advisor. We are collecting information to further advocacy efforts through NAFSA (Association of International Educators), AILA (American Immigration Lawyers Association) and Congressman Garamendi’s office.