How Trump’s Ban affects US Green Card Holders and Dual Citizens

United States, 30^th January: Let us see how Trump’s ban affects US Green Card Holders and dual citizens. US President Donald Trump’s immigration executive order has triggered mass confusion at several airports.

How Trump’s ban affects US Green Card holders ?

This is an important question these days. It seems that even Trump administration itself is, at times, contracting itself. Dual citizens having a citizenship with a Trump approved nation and one of the seven banned countries are in total chaos.

During a press conference, it was revealed by Reince Priebus, White House chief of staff, that the order does not have any impact on the US Green Card holders. Priebus later stated that the order “of course” affects US Green Card holders from Iraq, Iran, Sudan, Syria, Libya, Yemen and Somalia. These are reportedly the seven nations Trump has temporarily halted immigration from for a period of 90 days.

Related Read — What Will Trump Mean for US Immigration and Immigrants

So, the President’s executive order shall stop Green Card holders from the above stated seven nations from returning to the US if they travel overseas. It will bar Green Card holders, the spokesperson has stated.

Trump’s ban Affects US Green card holders, Immigrants on temporary student or employee visas

It is also likely to affect hundreds of thousands of US Green card holders and immigrants on temporary student or employee visas.

US immigration executive order’s travel ban is applicable to all aliens. It’s a term that includes anyone who is not a US citizen. So, it can bar those having US Green cards or current US visas from returning to the US from overseas trips. This was revealed by Stephen Legomsky, a former chief counsel to the USCIS(US Citizenship and Immigration Services) under former US President Barack Obama.

Who are exempted from the ban imposed by Trump barring entry in USA?

-The order bans entry of foreigners from the above named seven nations.

• It specifically exempts only those having certain diplomatic visas.
• Those having long-term temporary visas- like employees or students—who have the right to stay in the US for years at a time, and to travel overseas and back as and when they want.
• This provision, if applied literally, may bar even the visitors who made temporary trips overseas. This could include, for example, a foreign student who went back to his or her home on winter break and returning now. This was revealed by Legomsky.

It may be worth mentioning that, Homeland security reports, nearly 25,000 citizens from the seven nation specified in Trump’s ban have been granted employment or student visas in the last three years. 

In addition, nearly 500,000 people from the seven nations have been granted Green Cards in the past ten years period. This gives them a right to live and work in the US for an indefinite period.

Meanwhile, lawyers are not sure whether Green Card holders will be barred from reentering the US if they have traveled overseas. It could be a possibility, the lawyers said.

‘Case by case’ approach for US Green Card holders under Trump’s new order

US Green Card holders from seven nations traveling outside the US must check with any US consulate to see if they can return to the US. This was revealed by  senior US administration officials.

This is going to be determined on a ‘case-by-case basis’, the officials revealed. An official has defended the execution and the scope of the new US immigration executive order. As per another Homeland Security official, Green card holders returning to the US will have to go through additional screening and national security checks upon landing in the US.

Meanwhile, the US government is trying to simplify their entry back into the US. They will be allowed to get back into the US after undergoing the check unless they have any significant links to terrorism or any criminal history, the official added.

The message to US Green card holders is clear. Get on a plan. Come back to the US. You shall be subject to secondary screening but everything shall be normal, said the US Homeland Security official.

Process for US Green Card Holders from seven nations as of now—

• They can board their plane and fly to the US.
• After they land, their fingerprints and other details shall be collected.
• They shall be subject to a secondary interview.
• This will be to know whether the traveler is a national security risk or not.

Affect on Dual national Americans—A US citizen having a citizenship from one of the seven banned nations by Trump will be allowed into the US. however,

Dual nationals holding and travelling with a valid passport issued by a State other than one of the above mentioned shall be allowed entry provided they meet all criteria based upon the nationality of the passenger, reads the guidance.

Before more clarity can be provided, employees of firms who are dual nationals from seven nations banned by Trump are being suggested to stay in the US.

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Harleen Kaur

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