LOS ANGELES, Calif. (AP / FOX 11) - The Trump administration is putting new criteria in place Thursday for visa applicants from six mostly Muslim nations and all refugees, requiring a close family or business tie to the United States. The move comes after the Supreme Court partially restored President Donald Trump's executive order that was widely criticized as a ban on Muslims.
Maryam Khan is relieved to be back on American soil.
"Every time they say 'welcome, walk through' there's a little cheer. That I didn't get stopped this time," said Khan.
Relieved, even though this Pakistani-American citizen is not from one of the countries on the latest travel ban.
Still like many other Muslims, she wonders if this travel ban will mean delays or extreme vetting.
A lawyer with the National Lawyers Guild weighed in on that sentiment:
"We're extremely concerned that the customs and border protection here at LAX will go beyond the restraints of the Supreme Court ruling and loosely interpret the White House's guidance on what to do and that people seeking entry here today will be denied entry," said Ameena Qazi with the National Lawyers Guild.
Protestors expressed their disapproval Thursday against the ban facing citizens from Iran, Libya, Somalia, Sudan Syria and Yemen.
And legal experts camped to help travelers with any concerns.
One question they feared may hinder entry...is what kind of relationship gets you into the U.S. The Supreme Court ruled in order to be granted a visa, a visitor from one of the six listed countries for the next 90 days must have a "bona fide relationship with a person in the United States or U.S. entity.
City attorney Mike Feuer says interpreting that is part of the problem.
"Even though I deplore what's happening right now, that we ought to be sure that at least the letter of the Supreme Courts order is being adhered to and there's enough protection being put in place as possible for immigrants who have relationships here," said Feuer.
For now, the state department has interpreted bona fide relationship to mean parent, spouse, sibling, daughter or son-in-law, a student, or someone with a job offer.
Not allowed in? Grandparents, aunts, uncles, nieces, nephews, fiances, or first time visitors.
While some are upset...others, think the restrictions are great idea.
'I understood we want to protect our home from foreigners who have terrorist ideology," said one traveler.
Visas that have already been approved will not be revoked. The should help avoid the kind of chaos at airports around the world that surrounded the initial travel ban, as travelers with previously approved visas were kept off flights or barred entry on arrival in the United States. Also, while the initial order took effect immediately, adding to the confusion, this one was delayed more than 72 hours after the court's ruling.
The new instructions issued by the State Department will affect new visa applicants from Syria, Sudan, Somalia, Libya, Iran and Yemen. They must prove a relationship with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling already in the United States to be eligible. The same requirement, with some exceptions, holds for would-be refugees from all nations that are still awaiting approval for admission to the U.S.
Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiancees or other extended family members are not considered to be close relations, according to the guidelines that were issued in a cable sent to all U.S. embassies and consulates late on Wednesday. The new rules take effect at 8 p.m. Eastern Daylight Time on Thursday (0000GMT on Friday), according to the cable, which was obtained by The Associated Press.
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. A hotel reservation or car rental contract, even if it was pre-paid, would also not count, it said.
Consular officers may grant other exemptions to applicants from the six nations if they have "previously established significant contacts with the United States;" ″significant business or professional obligations" in the U.S.; if they are an infant, adopted child or in need of urgent medical care; if they are traveling for business with a recognized international organization or the U.S. government or if they are a legal resident of Canada who applies for a visa in Canada, according to the cable.
There were no major problems reported in the hours after the guidelines were issued. The Middle East's biggest airline says its flights to the United States are operating as normal. Dubai-based Emirates reminded passengers that they "must possess the appropriate travel documents, including a valid U.S. entry visa, in order to travel."
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.
Senior officials from the departments of State, Justice and Homeland Security had labored since then to design guidelines that would comply with the ruling. Wednesday's instructions were the result. The new guidance will remain in place until the Supreme Court issues a final ruling on the matter. Arguments before the justices will not be held until at least October, so the interim rules will remain in place at least until the fall.
Shortly after taking office, Trump ordered the refugee ban and a travel ban affecting the six countries, plus Iraq. He said it was needed to protect the U.S. from terrorists, but opponents said it was unfairly harsh and was intended to meet his campaign promise to keep Muslims out of the United States.
After a federal judge struck down the bans, Trump signed a revised order intended to overcome legal hurdles. That was also struck down by lower courts, but the Supreme Court's action partially reinstated it.
The new rules will also affect would-be immigrants from the six countries who win visas 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. They will also have to prove they have a "bona fide relationship" with a person or entity in the U.S. or that they are eligible for another waiver. If they, can't they face being banned for at least 90 days.
That may be a difficult hurdle, as many visa lottery winners don't have relatives in the U.S. or jobs in advance of arriving in the country.
Generally, winners in the diversity lottery only need 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.
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