Proclamation Restricting the Entry of Foreign Nationals of Certain Countries - Q&A
2025-06-10, BY wegreened
Q1: Which countries are fully suspended?
A: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
Q2: Which countries are suspended for immigrant visas and certain nonimmigrant visa types?
A: Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.
Q3: Can I apply for a waiver or case by case exception?
A: A discretionary exception may be granted by the Attorney General, in coordination with the Secretary of State and Secretary of Homeland Security, if travel advances a critical U.S. national interest involving the Department of Justice, including when the individual is needed to participate in criminal proceedings as witnesses.
A discretionary exception may also be granted by the Secretary of State, in coordination with the Secretary of Homeland Security, if the individual’s travel serves a U.S. national interest.
At this moment, we do NOT have any detailed information about how to apply for the exception and what are the criteria for the exception by DHS and DOS. We will have to wait for further guidance and instructions. (Note, the approval of I-140 NIW does not make an applicant eligible for the national interest requirement mentioned in proclamation)
Q4: Does proclamation affect my I-140?
A: The proclamation does NOT affect the processing and adjudication of I-140 petitions. Note, if you need to proceed with immigrant visa processing as the second step of the green card application, then you would be affected by the proclamation at that stage as long as the proclamation remains effective by then.
Q5: Does proclamation affect my nonimmigrant visa change of status applications, extension of status applications or OPT/STEM in the U.S.?
A: No. Any change of status or extension of status within the U.S. are not affected by the proclamation.
Q6: Does proclamation affect my I-485/I-765/I-131 applications?
A: No. The proclamation does not affect your ability to file I-485/I-765/I-131. Likewise, your pending I-485/I-765/I-131 are also not impacted by the proclamation.
Q7: Does the proclamation affect my current valid visa status in the U.S.?
A: No, the proclamation does not affect your valid visa status in the U.S.
Q8: Can I travel with the Advance Parole (AP) based on I-131 filed along with I-485 while my I-485 is pending?
A: The proclamation does not specifically mention the Advance Parole (AP) under the suspension, so we think that the proclamation is unlikely to affect the validity and the use of AP to travel when your I-485 is pending though we can only confirm it when there is further guidance provided by DHS and DOS. At this moment, we suggest avoiding travel with AP when your 485 is pending to be safe if you are using the passport from one of the affected countries.
Q9: When is the proclamation effective?
The proclamation will be effective at 12:01 am eastern daylight time on June 9, 2025.
Q10: Will my current valid visa stamp in the passport be revoked due to the proclamation?
A: No immigrant or nonimmigrant visa issued before the applicable effective date (June 9, 2025) would be revoked due to this proclamation.
Q11: If I get a visa stamp before the effective date of the proclamation, am I subject to the suspension?
A: According to the DOS webiste, this proclamation only applies to foreign nationals who are outside the United States on the effective date AND do not hold a valid visa on the effective date (June 9, 2025). Foreign nationals, even those outside the United States, who hold valid visas as of the effective date are not subject to the proclamation.
However, we still suggest you avoid international travel unless absolutely necessary to be safe considering the current situation, as the CBP border officer still has the authority to deny your entry beyond the proclamation scope. Before you make any trip plan, you must confirm with your university’s international office if you are on F/M/J visa status or the visa attorney if you are on other visa types.
Q12: If I am in the U.S. when the proclamation is effective, does the proclamation affect my future visa application and entry to the U.S.?
A: The proclamation states that the suspension and limitations ONLY apply to the applicants who are not in the U.S. AND who do not hold a valid visa stamp on the effective date. We think it indicates that you are NOT subject to the proclamation if you are in the US legally on the effective date (June 9, 2025). However, we still suggest avoiding traveling on nonimmigrant visas unless absolutely necessary considering the current situation. The consular officer still has the discretion to deny your nonimmigrant visa application and/or the CBP officer may still deny the entry beyond this proclamation. Before you make any trip plan, you must confirm with your university’s international office if you are on F/M/J visa status or the visa attorney if you are on other visa types.
If you are in the U.S. when your priority date is current and are qualified for basic I-485 requirements such as maintaining valid visa status, we strongly advise that you proceed with I-485 filing based on your I-140 petition in the U.S., instead of IVP (Immigrant Visa Processing). The reason for this recommendation is because, although you should not be subject to the proclamation if you are in the US on the effective date, your IVP case may still experience certain complications and delays as no specific DOS guidance is provided about how to claim that you are not subject on this basis.
Q13: I have dual citizenship, does the proclamation affect me?
A: If you have citizenship from a non-designated country, then the proclamation should not affect you as long as you will use the non-designated country passport for nonimmigrant or immigrant visas applications and entry.
Q14: I have dual citizenship and live outside of the U.S., am I still allowed to undergo Immigrant Visa Processing (IVP)?
A: Yes, you can use the non-designated country passport to proceed with the IVP application.
Q15: I am a green card holder, does the proclamation affect me?
A: No, the proclamation does not affect green card holders.
Q16: What are other standard exceptions to the proclamation?
Other than the green card holders or dual nationals holding a passport from the non-designated country, the following are other exceptions to the proclamation:
- Individuals traveling on diplomatic and related visas; or
e.g., A-1, A-2, C-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO?2, NATO-3, NATO-4, NATO-5, or NATO-6. - Athletes or members of athletic delegations (including coaches, support staff, and immediate family) participating in major sporting events (e.g., World Cup, Olympics);
- Immediate family immigrant visas, including IR-1/CR-1, IR-2/CR-2, IR-5, with clear and convincing evidence of identity and family relationship (e.g., DNA);
- Adoptions, including IR-3, IR-4, IH-3, and IH-4 visa classifications;
- Afghan Special Immigrant Visas;
- Special Immigrant Visas for U.S. Government employees;
- Immigrant visas for ethnic and religious minorities facing persecution in Iran.
The proclamation also does NOT apply to an individual who has been granted asylum by the United States, to a refugee who has already been admitted to the United States, or to an individual granted withholding of removal or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (CAT). Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the CAT, consistent with the laws of the United States.
Q17: Will the proclamation change in the future?
A: The DOS will assess whether any suspensions and limitations imposed by this proclamation should be continued, terminated, modified, or supplemented. Within 90 days of the date of this proclamation, and every 180 days thereafter, the DOS will submit a report to the President. Thus, it means the proclamation may be changed in the future when it comes to the specific suspension and limitations.
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