Abusharar and Associates

Pursuant to the new Supreme Court case Trump v. Hawaii on June 26, 2018, Travel Ban 3.0 was upheld. As such, there are limitations as to entries of individuals who are from the applicable countries: Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia.

Please review the table to determine if you will face issues entering:

Country Immigrant Visa B1/B2 Visitor Visas F, M, J Visas Other Visas
Iran No No Yes* No
Libya No No Yes Yes
North Korea No No No No
Syria No No No No
Venezuela Yes Yes+ Yes Yes
Yemen No No Yes Yes
Somalia No Yes* Yes* Yes*

A asterisk(*) means that these types of visas will be subject to additional scrutiny.

A plus(+) means that visitor visas are permitted unless the persons entering is an official of government agencies of Venezuela involved in screening and vetting procedures.


Even though the above Travel Ban was upheld, there are discretionary waivers available. To qualify for the waiver, you would need to show:
- Proof of Undue Hardship to you, as the foreign national applicant
- Proof that you are not a threat to national security or public safety in the United States
- Proof that it is in the national interest to admit you to the United States

Administrative Processing

If your case has been held in administrative processing for over a year, you may consider filing a writ of mandamus complaint against the U.S. Department of State in order to demand a response. A writ of mandamus is a request to the court to order the U.S. Department of State to make a decision on the visa case. It will not guarantee an approval or denial. It will only push them to make a decision on the matter. The law does not allow for unreasonable delays.

We have filed several writs of mandamuses in the past few years due to the continued delays we have seen on visas especially for Syrians, due to the Travel Ban. We have successfully helped clients obtain their visas so that they are able to join their family members here in the United States.

If you are interested in seeking a waiver or writ for your visa application, please call our office at 714-535-5600 to schedule a consultation, so we can better determine your eligibility for such a waiver or writ.