UKIC / About / Executive Order, Impact & Resources

Executive Order, Impact & Resources

The UKIC leadership team continues to closely monitor the September 24, 2017 Proclamation issued by President Trump pursuant to Section 2(e) of Executive Order 13780.

On October 17, a Temporary Restraining Order (TRO) issued by the U.S. District Court for the District of Hawaii blocks enforcement of the Proclamation 9645 bars on the following countries, effective October 17, 2017: Iran, Libya, Syria, Yemen, and Somalia. The Proclamation 9645 bars on North Korea and Venezuela were not included in the TRO, and remain in effect.  This is a temporary restraining order and no one knows how long it will last.  More updates will be posted as soon as we have new information.

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On September 24, 2017, President Trump issued a Proclamation pursuant to Section 2(e) of Executive Order 13780, restricting entry to the United Sates for the nationals of eight countries:

  • Chad
  • Iran
  • Libya
  • North Korea
  • Syria
  • Venezuela
  • Yemen
  • Somalia

This is an indefinite travel entry ban for the above list of countries. However, it is important to note that the restrictions apply differently depending on the particular country and type of visa.  A review of each countries restrictions can be found on the NAFSA Travel Advisory.  

NOTE:  Although Iraqi nationals are excluded from the list of 8 countries, they would still be subject to additional scrutiny.  

Full details on the following topics below can be located on the NAFSA Travel Advisory

Individuals who meet EITHER of the following conditions are EXEMPT from this entry ban:

  • Are inside the United States as of the applicable effective date; or
  • Have a valid U.S. visa on the applicable effective date

General Questions

What is the Presidential Executive Order on Immigration?

"Protecting the Nation from Terrorist Entry in the United States, signed on March 6, 2017 is an Executive Order which includes a travel entry ban on nationals from certain countries and a call for information sharing to avoid nationals of new countries from being included in the travel ban.  The 90-Day entry ban under Section 2(c) expired on Sunday, September 24, 2017, except for the portion relating to refugees, which expires on October, 24, 2017. Therefore, a proclamation was issued by the President to place restrictions on certain countries. The current list  of countries comprises five that had been included in the prior 90-day entry ban (Sudan was removed), and three new countries: Chad, North Korea, and Venezuela. 

The executive order can be found here https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states 

How has University of Kentucky and the UK International Center responded to the Executive Order?

At the University of Kentucky International Center we understand that our first responsibility is to support our fellow students and colleagues. We take their fears and worries seriously, and understand that these times call us to be allies to those who are vulnerable. 

The UKIC has been keeping up with the immigration updates and will continue to be vigilant, proactive and in close communication with University leadership. Please refer to President Capilouto’s campus message dated January 30, 2017.

Where Can I find Legal Support?

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: 

  1. American Immigration Lawyers Association Immigration Lawyer Referral Service – provides referrals to immigration attorneys across the U.S. - http://www.ailalawyer.com/ 
  1. ISSS can provide the names of some immigration attorneys. See attorney list below. 
  1. UK Student Government Association –A local attorney provides free on-campus consultation for any legal issue. If you would like to set-up an appointment, you can contact Lynn Fresca, Staff Associate/Student Government Office Manager via email or call 257-3191. 
  1. Maxwell Street Legal Clinic - Offer a range of low-cost legal services for low-income immigrants and refugees. For more information visit their web site: http://maxlegalaid.kyequaljustice.org/Immigration 

Where Can I find Other Support?

  1. Bias Incident Support - To report an incident of bias and receive support please visit the website.
  2. Counseling Center - Counseling Center (UKCC) in Frazee Hall is ready to assist as appropriate. Call 257.8701 or visit Frazee Hall, room 106 for an Initial Assessment (IA), M-F, 9am-3pm or visit their website.  
  3. The Office Academic Ombud Services - Supports and assists students with academic accommodations. Please visit their website for more information.

Student Scholars

If I am from one of the countries affected by the Executive Order...

Can I travel to and from the U.S.?

We strongly recommend that students, scholars and their dependents from the countries impacted by the EO to obtain legal advice from an immigration attorney before traveling internationally. 

Please discuss your individual plans for travel with immigration specialist in 210 Bradley Hall during our walk-in hours (M-F 8 a.m.-12 p.m. and 1 -4:30 p.m.).

Does the Executive Order affect my current nonimmigrant status or ability to study in the U.S.?

It is critical that all international students and scholars on a nonimmigrant status (e.g., B, F, J, H, O, TN, etc.) ensure that they continue to maintain their immigration status. U.S. Customs and Border Protection bureau (CBP) is charged with the front-line inspection and admission process at U.S. ports of entry (POEs). 

What can I do to protect my nonimmigrant status and ability to travel in the future?

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. 

What can I do if I am traveling and detained at the U.S. port of entry?

First, call an 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 UK Office of International Student and Scholar Services (ISSS) in the International Center – (859) 323-2121. ISSS cannot provide you legal advice but can provide you with a list of available resources.

Can I travel inside the U.S.?

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. 

Will UK issue a Form I-20 or DS-2019 to me if I’m admitted and eligible to receive one?

Yes, UK retains the ability to issue Form I-20 or DS-2019s to students regardless of the country. However, if you are outside of the U.S. upon the effective date of this EO, and you are from one of the countries listed in the EO, you may be ineligible to apply for an F-1 or J-1 visa and/or enter the U.S. in such status. This will depend largely on your country's set of Conditions.  In this case you may wish to determine whether you are eligible for a Waiver.  For information about Waivers, please visit the NAFSA Travel Advisory page

Does the executive order apply to other immigration benefits such as extending current status or other common benefits?

No, the executive order applies only to entry to the U.S. The ability to apply for and extend current visa status, common work authorizations (i.e. OPT, Academic Training) for eligible students and scholars remain intact. Also, this hasn’t impacted those eligible to apply for, H-1B status, Lawful Permanent Residence or U.S. Citizenship from within the United States. 

If I'm a Lawful Resident (Green Card Holder) and from one of the countries...

Can I travel to and from the U.S.?

There are general exemptions to the EO which apply to all countries. See Exemptions to Indefinite Bar Under Executive Order|NAFSA.  Lawful permanent residents of the U.S. are considered to be exempt.   However, immigrants seeking initial entry (first time to the U.S.) in lawful permanent residency status may be impacted. It is important to note that these restrictions apply differently depending on the particular country and type of visa.  A review of each countries restrictions can be found on the NAFSA Travel Advisory.  
 

NOTE:  We still encourage permanent residents to consult an immigration attorney before traveling due to inconsistent practices by Customs and Border Protection.

 

Where can I find support if I have concerns?

The Office of International Student and Scholar Services can provide support and answers to many questions. You can come to 210 Bradley Hall during our walk-in hours (M-F 8-12 p.m. and 1 -4:30 p.m.). If we cannot answer your question or provide direct support we will encourage students, faculty and staff to seek the advice of qualified immigration attorneys. See List of Attorneys.

If I´m not from the affected countries...

Should I be concerned about this Executive Order?

The UKIC has been keeping up with the immigration updates and will continue to be vigilant, proactive and in close communication with University leadership. 

Can I travel to and from the U.S.?

U.S. Customs and Border Protection officials have broad discretion at points of entry to grant or deny entrance into the United States, therefore, we suggest monitoring available updates on the CBP website which contains FAQ’s that impacted or concerned students/faculty should read, print out, and carry with them when they travel internationally. Please follow instructions about travel here

Can I travel inside the U.S.?

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. 

Where can I find support if I have concerns?

The Office of International Student and Scholar Services can provide support and answers to many questions. You can come to 210 Bradley Hall during our walk-in hours (M-F 8-12 p.m. and 1 -4:30 p.m.). If we cannot answer your question or provide direct support we will encourage students, faculty and staff to seek the advice of qualified immigration attorneys. See List of Attorneys. 

Faculty & Staff

If I am from one of the countries affected by the Executive Order...

Can I travel to and from the U.S.?

We strongly recommend that students, scholars and their dependents from the countries impacted by the EO to obtain legal advice from an immigration attorney before traveling internationally. 

Please discuss your individual plans for travel with immigration specialist in 210 Bradley Hall during our walk-in hours (M-F 8 a.m.-12 p.m. and 1 -4:30 p.m.).

Can I travel inside the U.S.?

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. 

Does it affect my current visa status or my job position?

It is critical that all international faculty and staff on a nonimmigrant status (e.g., B, F, J, H, O, TN, etc.) ensure that they continue to maintain their immigration status. U.S. Customs and Border Protection bureau (CBP) is charged with the front-line inspection and admission process at U.S. ports of entry (POEs). 

Does the executive order apply to other immigration benefits such as extending current work visa status or applying for a Green Card?

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.

What can I do if I am traveling and detained at the U.S. port of entry?

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 UK Office of International Student and Scholar Services (ISSS) in the International Center – (859) 323-2121. ISSS cannot provide you legal advice but can provide you with a list of available resources.

If I'm a Lawful Resident (Green Card Holder) and from one if the countries?

Can I travel to and from the U.S.?

There are general exemptions to the EO which apply to all countries. See Exemptions to Indefinite Bar Under Executive Order|NAFSA.  Lawful permanent residents of the U.S. are considered to be exempt.   However, immigrants seeking initial entry (first time to the U.S.) in lawful permanent residency status may be impacted. It is important to note that these restrictions apply differently depending on the particular country and type of visa.  A review of each countries restrictions can be found on the NAFSA Travel Advisory.  
 

NOTE:  We still encourage permanent residents to consult an immigration attorney before traveling due to inconsistent practices by Customs and Border Protection.

 

Where can I find support if I have concerns?

The Office of International Student and Scholar Services can provide support and answers to many questions. You can come to 210 Bradley Hall during our walk-in hours (M-F 8-12 p.m. and 1 -4:30 p.m.). If we cannot answer your question or provide direct support we will encourage students, faculty and staff to seek the advice of qualified immigration attorneys. See List of Attorneys. 

If I´m not from the affected countries...

Should I be concerned about this Executive Order?

The UKIC has been keeping up with the immigration updates and will continue to be vigilant, proactive and in close communication with University leadership. 

Can I travel to and from the U.S.?

U.S. Customs and Border Protection officials have broad discretion at points of entry to grant or deny entrance into the United States, therefore, we suggest monitoring available updates on the CBP website. Also, we recommend checking with ISSS for any new updates or information.

Can I travel inside the U.S.?

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.

Where can I find support if I have concerns?

The Office of International Student and Scholar Services can provide support and answers to many questions. You can come to 210 Bradley Hall during our walk-in hours (M-F 8-12 p.m. and 1 -4:30 p.m.). If we cannot answer your question or provide direct support we will encourage students, faculty and staff to seek the advice of qualified immigration attorneys. See List of Attorneys.

Resources

How do I find an Immigration Attorney?

Below is a list of attorneys provided as a courtesy to help UK students and scholars who may need help with locating an attorney. This list is not exhaustive. For immigration matters that don’t require University sponsorship or financial support (employment-based petitions), students and scholars can use any attorney of his or her choice. The American Immigration Lawyers Association (AILA) is also an excellent resource for locating attorneys: www.aila.org. Click on “Need a Lawyer.” 

Firms with Kentucky locations:

Dinsmore & Shohl 
101 S. Fifth St., Suite 2500 
Louisville, KY 40202 
Phone (502) 540-2300 Fax (502) 585-2207 

Or 

255 E. Fifth St., Suite 1900 
Cincinnati, OH 45202 
Phone (513) 977-8200 Fax (513) 977-8141 

Judith K. Jones- Toleman 

Jjimmlaw@aol.com 
PO Box 118 
Lexington, KY 40588-0118 
Phone (859) 396-7230 

Stoll Keenon & Ogden PLLC 

Charles R. Baesler Jr. 
 
Stoll Keenon, Ogden 
300 W Vine St., Suite 2100 
Lexington, KY 40507-1801 
Phone (859) 231-3944 

Wyatt Tarrant & Combs 

250 West Main St., Suite 1600 
Lexington, KY 40507 
Glen Krebs 
(859) 288-7409 

Firms located outside Kentucky:

Jeffries & Corigliano, LLP 

1560 Broadway, Suite 914 
New York, NY 10036-1537 
(212) 764-4222 

Ware | Immigration 

3850 N. Causeway Blvd., Suite 555 
Metairie, LA 70002-1752 
(800) 537-0179 Fax (504) 830-5909