Many foreign nationals from the affected countries have sufficient employment or familial ties to the U.S. in the form of education, employment, or relatives living in the U.S. The Court used both a spouse and a mother-in-law as examples of qualifying relationships, but it is unclear whether more distant relatives would qualify. It is also unclear whether individuals with employment-based visas that do not require a petitioning employer will be able to demonstrate the requisite relationship with a U.S. entity and it is unclear whether the Court’s decision is prospective or retrospective only, meaning how individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017 will be treated.

As the determination of one’s bona fide relationship is discretionary, we urge all foreign nationals from affected countries to use caution when traveling outside of the U.S.

The executive order creating the travel ban was originally issued in January, but, after public outcry and numerous legal challenges, was revoked. A new executive order was issued on March 6, 2017 which suspended the entry of certain immigrants and nonimmigrants from Syria, Iran, Libya, Somalia, Sudan and Yemen for 90 days, yet with more exceptions than the original executive order. It was immediately challenged in Federal Court and enjoined from being implemented.