What are the restrictions?
The following applies only to citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen. In order to obtain a visa to enter the USA they must show a ‘bona fide’ connection with a person or entity within the United States in one of the following ways:
- Prove a close familial relationship with someone in the USA (immediate or extended family).
- Have a proven and documented business relationship with an entity or organisation in the USA.
- Students registered at a US educational institution, someone with an offer of employment or someone invited to attend a conference or deliver a lecture would be permitted to enter.
Do these people still require a visa?
Yes. Fulfilling the criteria above allows them to apply for a visa to enter the USA.
What about dual citizens?
If someone is a citizen of one of the six listed countries and another (such as Australia, New Zealand, Britain etc) they are not subject to the restrictions above. They will however require a visa and to travel on a passport other than from one of the restricted nations.
What about US residents or Green Card/visa holders?
Citizens of one of the restricted nations who are also US residents, citizens or holders of a valid visa or Green Card are not subject to these restrictions. Bear in mind that the US border and immigration authorities still reserve the right to refuse entry to anyone, even those holding valid ESTAs or visas.
What does this mean for tourists?
People from one of the six nations who are genuine tourists will face these restrictions and will have to prove a genuine connection to the USA as outlined.
Could people simply ‘engineer’ a connection with the USA?
These visa requests will be subject to intense scrutiny and any false information will result in the applicant being banned from entering the US.
What about people who have visited one of the six nations since March 2011?
Regardless of your nationality, if you have visited Iran, Libya, Somalia, Sudan, Syria or Yemen since March 2011, you will need a visa to enter the USA. You will not be able to travel on an ESTA.
What changes were upheld by the judge?
Effective 18 October citizens of North Korea and certain government officials from Venezuela are banned from obtaining visas to enter the USA.
It is strongly advised that travellers apply for their visas at least two months prior to travel. The process may be expedited but it is best to allow as much time as possible. To begin your visa application, follow the link: http://www.ustraveldocs.com.
If you have any questions regarding visa validity or general queries related to travel to the United States of America, you should contact your nearest US embassy or consulate (contact information below).
Can my travel consultant contact the US consulate on my behalf?
It is best if you contact the consulate yourself due to the personal nature of the information and the identity verification they will require. You should have your passport details handy when you are speaking to the consulate.
Will this all change again?
Almost certainly, yes it will. The Supreme Court will likely do a further review in the future.
Contacts
US Consulate in Australia
Phone: 1300 139 399
Website: https://au.usembassy.gov/
