U.S. sets new visa rules for 6 nations, refugees

WASHINGTON -- The Trump administration Wednesday night set new criteria for visa applicants from six mainly Muslim nations and all refugees that require a "close" family or business tie to the United States.

The move came after the Supreme Court partially restored President Donald Trump's executive order that was criticized widely as a ban on Muslims.

Visas that have been approved will not be revoked, but instructions issued by the State Department state new applicants from Syria, Sudan, Somalia, Libya, Iran and Yemen must prove a relationship with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling in the United States to be eligible.

The same requirement, with some exceptions, holds for would-be refugees from all nations that still are awaiting approval for admission to the U.S.

Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, fiancees or other extended family members are not considered to be close relationships, according to the guidelines that were issued in a cable sent to all U.S. embassies and consulates late Wednesday.

The new rules take effect today, according to the cable, which was obtained by The Associated Press.

On Monday, the Supreme Court partially lifted lower-court injunctions against Trump's executive order that had temporarily banned visas for citizens of the six countries.

The justices' ruling exempted applicants from the ban if they could prove a "bona fide relationship" with a U.S. person or entity, but the court offered only broad guidelines -- suggesting they would include a relative, job offer or invitation to lecture in the U.S. -- as to how that should be defined.

The Supreme Court order also placed similar limitations on Trump's plan to temporarily halt all refugee admissions.

But that may have minimal effect for now. Of the 50,000 refugees the government planned to accept in the current budget year, more than 48,900 have been allowed to enter the U.S.

Senior officials from the departments of State, Justice and Homeland Security had labored since the decision to clarify the ruling and Wednesday's instructions were the result.

As far as business or professional links are concerned, the State Department said a legitimate relationship must be "formal, documented and formed in the ordinary course rather than for the purpose of evading" the ban.

Journalists, students, workers or lecturers who have valid invitations or employment contracts in the U.S. would be exempt from the ban.

The exemption does not apply to those who seek a relationship with an American business or educational institution purely for the purpose of avoiding the rules, the cable said.

A hotel reservation or car rental contract, even if it was pre-paid, also would not count, it said.

Trump's initial travel ban in January led to chaos at airports around the world, but because the guidelines exempt previously issued visas, similar problems are not expected.

After a judge blocked the original ban, Trump issued a scaled-down order and the court's action Monday further reduced the number of people who would be covered by it.

Also, while the initial order took effect immediately, adding to the confusion, this one was delayed 72 hours after the court's ruling.

Would-be immigrants from the six counties who won a coveted visa in the government's diversity lottery -- a program that randomly awards 50,000 green cards annually to people from countries with low rates of immigration to the United States -- will have to prove they have a "bona fide relationship" within the U.S. or are eligible for another waiver or face being banned for at least 90 days.

That hurdle may be a difficult one for those immigrants to overcome, as many visa lottery winners don't have relatives in the U.S. or jobs in advance of arriving in the country.

Fifty thousand green cards are awarded annually in the diversity lottery, and generally, winners only need to prove they were born in an eligible county and have completed high school or have at least two years of work experience in an occupation that requires at least two other years of training or experience.

Virgin Atlantic said it was working with Customs and Border Protection, the Homeland Security agency responsible for admitting arriving foreigners into the United States.

The airline said anyone with valid travel documents is expected to be able to travel to the U.S. as normal, but it recommended passengers from the six countries to check first with the U.S. Embassy.

Some immigration groups plan to send lawyers to airports in case there are problems.

The Dulles Justice Coalition, which established a pool of volunteer attorneys at Dulles International Airport after the first travel ban, is planning to return to the Virginia airport outside Washington, said DJC board member Sirine Shebaya.