Immigration Travel Ban Update

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President Trump’s January 27, 2017 Executive Order temporarily suspended entry into the United States of foreign nationals from seven countries (Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen) for at least 90 days and possibly longer.  This travel ban is understood to apply to foreign nationals born in or a citizen of one of the seven countries even though such foreign national may have citizenship in another country (a “dual national”).  According to information posted on the U.S. Embassy’s website for the United Kingdom and the Government of Canada’s travel advisory website, dual nationals of the United Kingdom and dual nationals of Canada who would otherwise be subject to the travel ban are exempt from the travel ban, provided that they seek to enter the U.S. with their British or Canadian passports, as appropriate.  Canada reports that Canadian permanent residents who present a valid Canadian permanent resident card are also exempt from the travel ban.
It is unclear whether and to what extent additional countries may be exempted from the dual national prohibition that would otherwise result under the Executive Order.
However, it appears that the Department of State recently issued a cable indicating that visa processing has been suspended for individuals from the seven designated countries, including for dual nationals.  The Department of State does not appear to draw a distinction for British citizens, meaning that citizens of the U.K. who are also citizens of one of the designated countries would not be eligible for a visa (Canadian citizens are visa exempt).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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