United States: Update on Executive Order: Clarification as to how dual nationals from restricted travel countries will be handled

Posted by Immigration Law Team|US Immigration
Feb 17

US Customs and Border Protection (CBP) has recently issued an FAQ addressing the January 27, 2017 Executive Order which temporarily stopped the admission of individuals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.  In relevant part, CBP has stated that dual nationals will be processed for entry according to the travel document they present to the CBP officer.  Thus, dual nationals of the seven designated countries may still be permitted entry to the United States so long as they present a passport from a country that is not on the banned list.  However, do note that there have been isolated reports of dual nationals travelling on their passport from a non-banned country who have been detained, so it is best to be aware of this possibility and continue exercising caution.

CBP has also indicated that US permanent residents (green card holders) from the listed countries will be permitted entry (granted a waiver) into the United States, absent any indication that they might pose a serious threat to public safety and welfare.  What constitutes a threat to public safety and welfare is not clear however foreign nationals from the banned countries who are U.S. legal permanent residents can expect further questioning at the border.

For further details on the Executive Order, or any other immigration matters, please contact a member of our team.

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