FAQ Concerning Presidential Executive Order
Click on the following questions to learn more about the U.S. Presidential Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States. If you have any further questions, feel free to contact the International Services office.
What is an Executive Order? Expand
An executive order is a specific type of presidential action — an official, legally binding mandate passed down from the president to federal agencies under the executive branch. Essentially, an executive order gives agencies instructions on how to interpret and carry out federal law.
In the United States, there are three branches of government: legislative, which makes laws; executive, which carries out the laws; and judicial, which oversees the constitutionality of laws. Each has a role to play in the U.S. government with regard to finalizing national policies, including an Executive Order.
For a better understanding of Executive Orders, click the link below.
In light of this, will the University of Cincinnati declare itself a sanctuary campus? Expand
More than a sanctuary, UC is a center of opportunity, hope and the pursuit of understanding. We welcome all thoughts and discussion as we continue to pursue our commitment to create opportunity, develop educated and engaged citizens, enhance the economy and enrich our university, city, state, nation and global community. As an institution of higher education, the University of Cincinnati provides a safe haven for intellectual freedom and the voices of many.
Our university has always placed a high priority on providing safeguards for those freedoms as well as a safe and welcoming environment for our students, regardless of their status as U.S. citizens, immigrants, international students, or Deferred Action for Childhood Arrivals (DACA) students. And our university will continue to do so.
However, the term “sanctuary campus” has not been clearly defined legally. It remains unclear that declaring ourselves a “sanctuary campus” would provide the protection that some suggest it would or provide any advantages to the university in protecting its students. For example, our university would not be able to obstruct enforcement of federal law by federal authorities.
Will UCPD proactively enforce federal immigration law? Expand
UCPD does not and will not ask for nationality or immigration documentation when on patrol or responding to calls for assistance.
Will UC prohibit U.S. Immigration & Customs Enforcement from entering campus without a warrant? And will UC refuse to cooperate with U.S. immigration enforcement? Expand
Our university cannot prevent the federal government from enforcing immigration law. The university will not obstruct justice or the enforcement of U.S. law.
Will the University of Cincinnati refuse to gather information on student immigration/citizenship status? Expand
Our university does not share protected student information with the government like immigration status except for information required by a valid subpoena, court order, or other applicable law, such as the Student and Exchange Visitor and Information System (SEVIS).
For example, last fall, our university declined to release information about Turkish scholars when Turkey requested it following that nation’s change in government.
Will the university provide comprehensive legal counsel free of charge to students with questions related to immigration status and law? Expand
UC International currently provides UC students, faculty and staff with guidance and information on international travel and immigration status. The international office also is sharing information through its website to keep members of the UC community informed concerning the president’s executive order and is posting updates as information becomes available.
Is it OK for me to travel outside the United States? Expand
Individuals from the affected countries should use caution when traveling. If travel is not necessary, it’s probably best not to travel. However, students and scholars in the following circumstances should be able to travel until a final ruling is made:
- U.S. lawful permanent residents in possession of a valid Form I-551 (green card) or temporary I-551 stamp
- Holders of a currently valid immigrant or nonimmigrant visa that was either approved prior to 5:00 eastern standard time January 27, 2017, or valid as of March 6, 2017, or valid as of September 24, 2017 or October 18, 2017 (depending on applicability).
- Dual citizens of one of the affected countries and the United States (such individuals are always considered U.S. citizens)
- Dual citizens of one of the affected countries and another country not on the list, who will enter the United States on the basis of a valid passport issued by the country not on the list
Students and scholars from one of the affected countries with expired visas should be able to apply for a visa, but may be subject to additional screening and vetting.
If you or a family member decides to travel and needs to apply for a visa, please make sure you notify UC International Services at international.students@uc.edu of the results and any problems that were encountered. Your experiences will provide us with the most up-to-date information and help provide other travelers with the most up-to-date information.
Does the Executive Order affect other benefits, like H-1B visas, Optional Practical Training for F-1 students, or applications to change immigration status? Expand
No. The Executive Order does not affect the processing of other immigration benefits including changing status to work visas like H-1B, applying for a change of immigration status to a student visa, or any benefits like practical training for which student visa holders qualify.
Does the travel ban include travel within the United States? Expand
No, the travel ban does not affect your ability to travel domestically, even if you are from one of the affected countries.
I'm not from one of the affected countries, but I am from a predominantly Muslim country. Will the travel ban be expanded in the future? Expand
It’s impossible for UC to know if additional countries will be added to the list of banned countries. UC will be monitoring the situation and will let the university community know of any changes.
I am a Deferred Action (DACA) student. Am I included in the Executive Order? Expand
The Executive Order does not include changes to the Deferred Action for Early Childhood Arrivals (DACA) program, but these individuals are included in the scope of the order with all other status holders.
I have not filed for DACA status but think I am eligible. Should I file for DACA status? Expand
You can no longer file for DACA status if you have not already been granted that status.
DACA status holders whose status expires on or before March 5, 2018 should file for an extension before October 5, 2017.
Those whose status expires after March 5, 2018 cannot file for an extension.
I have DACA status and I have obtained advanced parole in order to travel. Is it safe to travel? Expand
DACA and advance parole remain in place for those who have already obtained it. However, new requests for advance parole are no longer possible.
I am from Iraq or Sudan. My country was on the original list of banned countries, but is not on the March 6, 2017 executive order or September 24, 2017 Proclamation. Can I travel without fear of visa denial or detainment upon entry? Expand
Iraq and Sudan have been removed from the list of banned countries. You should be able to travel and reenter without incident with a valid visa stamp.
However, if your visa stamp has expired, we would caution you about travel in the short-term until we get more history with visa applications following this order. On the surface, you should be able to travel and apply for a visa, but we can’t guarantee what the success rate will be at this point. You will likeyl be subject to additional screening and vetting.
Will a student or scholar with an expired visa be able to travel and renew the visa in the same classification (an F-1 student who wants to travel home to visit and return in F-1 status)? Expand
Yes, if you are from one of the following countries: Chad, Iran, Iraq, Libya, Somalia, Sudan, Venezuela, or Yemen.
No, if you are from North Korea or Syria.
Note: Scholars from Iran on H-1B visas will not be able to travel and obtain a new visa.
In addition, family members from the following countries will not be able to get tourist (B-1 / B-2) visas: Chad, Iran, Libya, Yemen.
Will beneficiaries of an approved I-539 change of status application be able to obtain a new nonimmigrant visa in their changed nonimmigrant status under 8 CFR Part 248, and then reenter the U.S. in the new nonimmigrant classification? Expand
Yes, if you are from one of the following countries: Chad, Iran, Iraq, Libya, Somalia, Sudan, Venezuela, or Yemen.
No, if you are from North Korea or Syria.
Note: Scholars from Iran on H-1B visas will not be able to travel and obtain a new visa.
In addition, family members from the following countries will not be able to get tourist (B-1 / B-2) visas: Chad, Iran, Libya, Yemen.
Given the current stories about enforcement and detention activities of the Department of Homeland Security, do I need to carry my immigration documents (passport, I-20, etc.) at all times? Expand
Section 264(e) of Immigration and Nationality Act requires every individual over the age of 18 to carry their “registration” documents with them at all times. This requirement is a very old requirement. The reality is, until recently, it has never been enforced with the rare exception of certain parts of the U.S. (i.e. near border crossing sites). Certainly here in Ohio, students have never had to worry about being asked to prove their legal status. We are in a unique place in history right now, and there is a greater possibility that students and scholars might be asked for their registration documents, even if they are not leaving the boundaries of the United States.
For students and scholars, the most common item of identification is the passport and the most common forms of evidence of lawful status in the U.S. are the I-94 card accompanied by the appropriate visa document (I-20, DS-2019, I-797, EAD card when on OPT, etc.). Prior to May 2013, I-94 cards were stapled to the inside of a passport upon arrival in the U.S. Now, they are stored electronically. The passport will also be stamped with a notation of the status type and the status expiration date.
Our best advice given the current environment would be, if traveling outside Cincinnati, carry your passport, a printed copy of the I-94 card, and the Form I-20 (or Form DS-2019, I-797 approval notice, EAD card). We are hearing stories about people being detained and asked for such documents, especially when traveling near boarder inspection sites. While here in Cincinnati, just going to class, we would not recommend that you carry your passport and supporting documents with you, although having copies of each in your backpack would be a good idea. You should have some form of ID (a driver’s license, State of Ohio ID), etc. and know our phone number (513-556-4278) if questioned about your legal status. We can confirm anything an officer would need to confirm. Students who own a car would be wise to make a copy of the I-94 card and I-20 (Form DS-2019, I-797 approval notice, EAD card) and keep them in the glove compartment with the car registration and proof of insurance.
I am from Iran and hold H-1B status. Am I allowed to travel? Expand
No. The September 24, 2017 Proclamation specifically exempts F-1 and J-1 visas from the travel ban. Travel for all other nonimmigrant visas, including H-1B visa holders, is prohibited.