Tag: travel ban

Categories
Updates

Updated Advisory: Traveling to the Philippines and the U.S.

Share this:

Traveling to the Philippines

According to IATF Resolution No. 97 released on January 28, 2021, U.S. citizens or non-Filipinos who are not dual citizens and naturalized U.S. citizens are not allowed to enter without valid Philippine visas among other requirements. 

The resolution states that non-Filipinos may enter the Philippines, subject to the following conditions:

  1. With valid and existing visa at the time of entry;
  2. With pre-booked quarantine accommodation for at least seven nights in an accredited quarantine hotel/facility;
  3. Subject to COVID-19 testing on sixth day from date of arrival; and
  4. Subject to maximum capacity of inbound passengers at the port and date of entry.

Note that those with no Philippine passports but with valid visas who fall under the following categories will be allowed entry into the Philippines subject to the same requirements above:

  1. Foreign spouses of Filipino nationals; or
  2. Foreign parents of minor Filipino children and of Filipino children with special needs, regardless of age.

Those who comply with the above and who are allowed to enter the Philippines  will have to comply with the mandatory 7 days quarantine upon arrival at approved Department of Health (DOH) facilities. This rule applies despite negative COVID tests upon arrival. On the sixth (6th) day of arrival, the traveler will have to take a mandatory COVID-testing. 

Make sure before traveling and before making a hotel reservation that the hotel is an accredited quarantine hotel/facility by the Philippine Department of Health. For a list of accredited quarantine hotels and facilities, travelers should exercise due diligence by researching only on reputable information sources. Or they may contact their airlines for any list or their partner quarantine hotels for recommendation.

Traveling to the United States

All airline passengers traveling to the United States, including U.S. citizens and Lawful Permanent Residents (LPRs), are required to provide proof of a negative COVID-19 viral test or recovery from COVID-19.

Effective January 26,2021 all airline passengers to the United States ages two years and older must provide either a negative COVID-19 viral test taken within three calendar days of travel or provide a positive test result and documentation from a licensed health care provider or public health official of having recovered from COVID-19 in the 90 days preceding travel.  Passengers must also attest, under penalty of law, to having received a negative qualifying test result or to recovery from COVID-19 and medical clearance to travel.   

Airlines must deny boarding to passengers who do not meet these requirements.   U.S. citizens in countries where adequate COVID-19 testing is not available or may not be able to satisfy the requirements, should depart immediately or prepare to be unable to return to the United States until such time as they can meet the requirements.    

Categories
Updates

Filipinos Who Are Naturalized U.S. Citizens and Non Dual Citizens are Temporarily Not Allowed to Enter the Philippines

Share this:
San Francisco CA – Generally, Filipinos who still hold Philippine passports may enter the Philippines. Natural born Filipinos who are naturalized U.S. citizens, who are not dual citizens and who holds only U.S. passports are temporarily not allowed entry into the Philippines with the exception of certain individuals. Those exempt from this rule are : Non Filipinos married to Philippine citizens including their dependent children and foreign diplomats. This Philippine government policy is just a temporary ban implemented in view of COVID-19 pandemic.

Passengers Not Subject to the Restrictions and Who Are Arriving in the Philippines Subject to Mandatory Quarantine

All travelers to Manila will undergo the usual thermal scan upon arrival. If a passenger is showing symptoms of the COVID-19, s/he will undergo a real-time polymerase chain reaction (RT-PCR) test. Travelers whose test results are positive will be transferred to a designated hospital for further medical management.

Those who do not have symptoms will undergo a mandatory quarantine where a baseline rapid test will be conducted. While waiting for the results, passengers must stay in either a government designated quarantine facility or in a Bureau of Quarantine approved quarantine hotel for 14 days.

After quarantine is completed, individuals may go about their travel plans subject to quarantine protocols of the local government of their destination.

Filipinos who are not OFWs and Non-Filipinos will shoulder their own payment for the accommodation.

Traveling to the United States

Philippine citizens are not banned from entering the United States as long as they have valid U.S. temporary or permanent resident visas. Those who traveled internationally in the past 14 days and return to the United States, they are required to self quarantine, stay home and monitor their health.

Unless the traveler is a U.S. citizen or a permanent lawful resident (green card holder), s/he will be banned from entering the U.S. if s/he traveled from the following countries: China, Hong Kong and Macau, Iran, the UK and Ireland Schengen area which encompasses the following 26 European Countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

U.S. citizens and lawful permanent residents of the United States, certain family members, and other individuals who meet specified exceptions who have been in one of the countries listed above in the past 14 days will be allowed to enter the United States through on of these airports:

  • Boston-Logan International Airport (BOS), Massachusetts
  • Chicago O’Hare International Airport (ORD), Illinois
  • Dallas/Fort Worth International Airport (DFW), Texas
  • Detroit Metropolitan Airport (DTW), Michigan
  • Daniel K. Inouye International Airport (HNL), Hawaii
  • Fort Lauderdale-Hollywood International Airport (FLL), Florida
  • George Bush Intercontinental Airport (IAH), Texas
  • Hartsfield-Jackson Atlanta International Airport (ATL), Georgia
  • John F. Kennedy International Airport (JFK), New York
  • Los Angeles International Airport, (LAX), California
  • Miami International Airport (MIA), Florida
  • Newark Liberty International Airport (EWR), New Jersey
  • San Francisco International Airport (SFO), California
  • Seattle-Tacoma International Airport (SEA), Washington
  • Washington-Dulles International Airport (IAD), Virginia
After arriving in the United States from one of these countries, CDC recommends that travelers stay home and monitor their health for 14 days.

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law P.C. Our office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102, and may be reached at 1-888-930-0808; email at law@tancinco.com, www.facebook.com/tancincolaw or check our website at tancinco.weareph.com/old.)

Categories
Updates

Coronavirus and its Impact on U.S. Travelers

Share this:

President Trump has issued a proclamation which contains measures intended to control and limit the entry of individuals potentially exposed to the coronavirus (COVID-19).

Travel Ban

 

Certain immigrants and non-immigrants are banned from entering the United States. This include those who were physically present within China, excluding Hong Kong and Macau, 14 days prior to their entry or attempted entry into the United States. The ban became effective at 5:00 pm (ET) on Sunday, February 2, 2020.

On February 29, 2020 the travel ban also extended to any non citizen who has visited Iran within the last 14 days.

On March 11, 2020, Trump added 26 more to the list of European countries subject to the travel ban.These countries are on the Schengen Area and comprises the following European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

Avoid Non-essential Travels

The Centers for Disease Control and Prevention upped its travel alerts for Italy and Iran yesterday to the highest level, Level 3, which means avoid all non-essential travel. The State Department also increased its warning advising Americans not to travel to certain regions of Italy and South Korea affected by the virus.

Mandatory Self Quarantine

U.S. citizens who are traveling from the enumerated European countries and those traveling to the Hubei province in China within 14 days of arriving to the United States will be subject to up to 14 days of mandatory quarantine. Returning U.S. citizens who had visited other parts of China, outside of Hong Kong, Macau, and the Hubei province, will be subject to monitoring at certain ports of entry, and potentially self-quarantine at home. With the recent advisory it is believed that travelers from Iran may also be subject to mandatory self quarantine.

Individuals Exempt from the Travel Ban (But Not from Mandatory Self Quarantine)

The Proclamation clarifies that it does not impact an individual’s eligibility for asylum, withholding of removal, or protection under the UN Convention against Torture (UNCAT). In addition to U.S. Citizens, the Proclamation does not apply to the following individuals:

  1. Lawful permanent residents of the United States;
  2. Spouses of a U.S. citizen or lawful permanent resident;
  3. Parents or legal guardians of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
  4. Siblings of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;
  5. Children, foster children, or wards of a U.S. citizen or lawful permanent resident, or prospective adoptees seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
  6. Foreign nationals traveling to the United States at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
  7. Nonimmigrants under section 101(a)(15)(C) or (D) of the INA, 8 U.S.C. 1101(a)(15)(C) or (D), as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
  8. Nonimmigrants on an A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 visa;
  9. Foreign nationals whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the CDC Director, or his designee;
  10. Foreign nationals whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees based on a recommendation of the Attorney General or his designee; or
  11. Foreign nationals whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.

Please bookmark this page and refer to it from time to time for any updates on this ongoing global crisis. 

Categories
Updates

What’s in the Horizon for Filipino Officials and Individuals Subject to the U.S. Travel Ban?

Share this:

On December 20, 2019, President Trump signed a budget law known as the “Further Consolidated Appropriations Act of 2020” (Public Law 116-94). This law includes a provision that implements the Global Magnitsky Act which is a legislation that relates to significant steps that U.S. may take to protect and promote human rights and combat corruption around the world. Part of the sanctions under this Act is a U.S. travel ban of those individuals identified to have violated human rights .

The matter of applying this sanction on certain Philippine government officials responsible for the detention of Philippine Senator Leila De Lima is not mentioned specifically in the budget law signed by President Trump. However, it is found in the Senate Committee Report by reference stating that the Global Magnitsky Act provision banning from entry to the U.S. applies to Philippine government officials responsible for the detention of Senator De Lima. Committee Reports accompany most bills that become law and are sources of determining legislative intent. It can be inferred that the congressional intent is to include the officials responsible for the detention of Senator De Lima and apply the sanctions.

To expound further on the congressional intent, Senate passed S.Res 142 on January 8, 2020, “A resolution condemning the Government of the Philippines for its continued detention of Senator Leila De Lima, calling for her immediate release, and for other purposes”. Among the provisions of the resolution is the call to apply the sanctions of the Global Magnitsky Act to Philippine government officials responsible for the arrest and prolonged detention of Senator De Lima. Until resolutions are incorporated into a bill that becomes law, a resolution merely expresses the opinion of the Senate. They have no force of law.

But with the Committee Report and now the S.Res 142, it is more likely the sanctions of the Global Magnitsky Act will apply to government officials of the Philippines responsible for the arrest and detention of Senator De Lima. And if they apply, what is next?

Within 30 days from the date of the signing of the Consolidated Appropriations Act of 2020, the names of individuals that are included in the sanctions of the Global Magnitsky Act which includes a ban from entering the United States will be reported to the U.S. Congress and will be posted on the State Department website. This means those on the list will have visa applications denied, or be refused entry even if they have prior issued visas.

There will be no arbitrary process for inclusion in the travel ban list. The State Department should have “credible” information that government officials are involved in human rights violations or in the arrest and detention of Senator De Lima. The agency that decides who will be on the travel ban list is the Department of State. Assuming a government official and his/her family members are on the list, will this travel ban be a permanent bar?

Unless the grounds for denial of visas are based on espionage, sabotage or attempt to overthrow the U.S. government, most grounds of inadmissibility are subject to waivers. These include prior criminal convictions, public charge grounds, misrepresentation, fraud and prior removal. And if waivers are approved, the visa applicant may be approved for the visa and be allowed to enter the United States.

The same waiver may apply to those subject to the travel ban under the Global Magnitsky Act. The budget law specifically mentions that the Secretary of State, “may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently”. So if there is a compelling national interest or if the circumstances have changed, the travel ban will be lifted and visas may be issued again.

Since this will affect mostly government officials, there is also an exception to the application of the sanctions. The budget law states that the ban will not apply if the entry to the U.S. would further U.S. law enforcement objectives or is necessary to permit the U.S. to fulfill its obligations under the United Nations Headquarters Agreement and as long as it will not derogate U.S. obligations under applicable international organizations.

Given the above provisions, we can conclude that the travel bans are not absolute. To propose counter sanctions by requiring Philippines visas to U.S. citizens, including former Filipino citizens who are not dual citizens, is certainly within the exercise of prerogatives by the Philippine government. However, it may be fair game to ask if doing so is beneficial to Philippine interests considering that the majority of US citizen travelers to the Philippines would most likely be former Filipino citizens themselves and/or may discourage investments from US citizens or entities due to visa requirements.

(Atty. Lourdes Santos Tancinco, is an immigrant advocate, founder and a principal partner at the Tancinco Law Offices, San Francisco CA based law firm. She may be reached at 1 888 930 0808, law@tancinco.com , facebook.com/tancincolaw, or through tancinco.weareph.com/old)

Categories
Global Pinoy

Are Green Card Holders and Visa Holders Safe to Travel With the Rewritten Travel Ban?

Share this:

An Executive Order titled Protecting the Nation from Foreign Terrorist Entry into the United States, which is the re-written travel ban, was signed by President Trump on March 6, 2017. The prior travel ban, Executive Order 13769 of January 27, 2017, will be revoked on March 16, 2017.

Travel Ban for Nationals of 6 Countries

For the next 90 days beginning March 6, 2017, foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen who are outside the United States on the effective date of the order, do not currently have a valid visa on the effective date of this order, and did not have a valid visa at 5:00 eastern standard time on January 27, 2017, are not eligible to travel to the United States. The 90-day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals. As a result of this increased information sharing, Iraqi citizens are not affected by the Executive Order.

Green Card Holders and Visa Holders Exempt from the Travel Ban

Clearly, the Executive Order does not apply to certain individuals, such as lawful permanent residents of the United States; foreign nationals admitted to the United States after the effective date of the order. Those who are outside the United States with a document that is valid on the effective date of the order or any date thereafter which permits travel to the United States are also not affected by this executive order.

Normal Immigration Processing to Continue

In the prior travel ban contained in the Executive Order dated January 17, 2017 those entering with valid visas or green card holders were adversely affected. While this re-written travel ban specifically mentions that green card holders are exempt, there is a caveat that applies to all residents and visa holders entering the United States. It states that all normal immigration processing requirements shall continue to apply. This means that all grounds of inadmissibility if they exist will also affect certain green card holders who may have an immigration history of fraud or have criminal history that may render them inadmissible. The same rule applies to non-immigrant visa holders. If there is fraud or misrepresentation in obtaining the visa at the U.S. Embassy abroad, there is a possibility of an expedited removal at the port of entry.

It is important to remind non U.S. citizens that the political climate is very different and that all those attempting to enter the U.S. even if with valid visas must understand the consequences of past actions on their immigration status and their ability to enter the United States.

If no legal grounds exist to deny admission at the port of entry, then there should be no need to worry about traveling. Each case will be assessed by the immigration officer at the port of entry based on the individual’s immigration history. Note that the Department of Homeland Security officers at the Customs and Border Protection have wide discretionary authority whether to allow the entry of non US. citizens. Even if Filipino nationals are not affected by the travel ban, it is important to understand past actions and its impact on present immigration policies.

(Atty. Lourdes S. Tancinco is a partner at Tancinco Law Offices, a San Francisco based law firm, and may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)

Categories
Updates

Re-written Travel Ban Released March 6, 2017: Green Card Holders and Visa Holders are Exempt

Share this:

An Executive Order titled Protecting the Nation from Foreign Terrorist Entry into the United States, which is the re-written travel ban, was signed by President Trump on March 6, 2017. The prior travel ban, Executive order 13769 of January 27, 2017, will be revoked on March 16, 2017.

This travel ban covers on 6 countries and Iraq was taken off the list. Also, green card holders and visas from these 6 countries are not affected by the new travel ban.

Travel Ban for Nationals of 6 Countries

For the next 90 days, foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen who are outside the United States on the effective date of the order, do not currently have a valid visa on the effective date of this order, and did not have a valid visa at 5:00 eastern standard time on January 27, 2017, are not eligible to travel to the United States. The 90-day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals.

Iraq Nationals are Exempt from the Travel Ban

As a result of this increased information sharing, Iraqi citizens are not affected by the Executive Order. Of course, all normal immigration processing requirements continue to apply, including the grounds of inadmissibility that may be applicable.

Green Card Holders and Visa Holders Exempt from the Travel Ban

The Executive Order does not apply to certain individuals, such as lawful permanent residents of the United States; foreign nationals admitted to the United States after the effective date of the order; individuals with a document that is valid on the effective date of the order or any date thereafter which permits travel to the United States; dual nationals when traveling on a passport issued by a non-designated country; foreign nationals traveling on diplomatic, NATO, C-2 for travel to the United Nations, G-1, G-2, G-3, or G-4 visas; and individuals already granted asylum or refugee status in the United States before the effective date of the order.

Visas to Be Issued on Case by Base Basis

DHS and the Department of State have the discretionary authority, on a case-by-case basis, to issue visas or allow the entry of nationals of these six countries into the United States when a national from one of the countries demonstrates that the denial of entry would cause undue hardship, that his or her entry would not pose a threat to national security, and that his or her entry would be in the national interest.

Country by Country Review of Identity and Security Information

In the first 20 days, DHS will perform a global, country-by-country review of the identity and security information that each country provides to the U.S. Government to support U.S. visa and other immigration benefit determinations. Countries will then have 50 days to comply with requests from the U.S. Government to update or improve the quality of the information they provide.

Refugee Program Suspended for 120 Days

Similarly, the Refugee Admissions Program will be temporarily suspended for the next 120 days while DHS and interagency partners review screening procedures to ensure refugees admitted in the future do not pose a security risk to the United States. Upon resumption of the Refugee Admissions Program, refugee admissions to the United States will not exceed 50,000 for fiscal year 2017. The Executive Order does not apply to those refugees who have already been formally scheduled for transit by the State Department. During this 120-day period, similar to the waiver authority for visas, the Secretary of State and Secretary of Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the entry of such individuals as refugees is in the national interest and would not pose a threat to the security or welfare of the United States.

Uniform Screening for All Immigration Programs

The Department of Homeland Security, in conjunction with the Department of State, the Office of the Director of National Intelligence, and the Department of Justice, will develop uniform screening standards for all immigration programs government-wide as appropriate and in the national interest.

Improving the Entry-Exit System

The Secretary of Homeland Security will expedite the completion and implementation of a biometric entry-exit system for all in-scope travelers entering and departing the United States. As part of a broader set of government actions, the Secretary of State will review all nonimmigrant visa reciprocity agreements to ensure that they are, with respect to each visa classification, truly reciprocal.

Visa Waiver Program to be Restricted

The Department of State will restrict the Visa Interview Waiver Program and require additional nonimmigrant visa applicants to undergo an in-person interview.

Effective Date

The Executive Order is effective at 12:01 A.M., Eastern Standard Time, on March 16, 2017.