Can U.S. Travel Ban Cause Problems For Permanent Canadian Residents

On Monday, the U.S. Supreme Court allowed a limited version of U.S. President Donald Trump’s ban on travel from six mostly Muslim countries to take effect.

The decision made can affect Toronto-based immigration lawyer Stephen Green, who hails from one of the six countries included in the ban and is seeking a U.S. visa but does not meet the exemption laid out by the U.S. Supreme Court on Monday, making him a permanent resident in Canada.

According to the top court, those excluded from the ban would be able to prove a “credible claim of a bona fide relationship with a person or entity in the United States.

Moreover, among the six banned countries: Libya, Iran, Somalia, Sudan, Syria, and Yemen, who are permanent residents and students attending school in the U.S., will have work permits or who have familial ties to the U.S. should have no issue getting in, said Green.

The permanent resident from Iran who applies for a visa who has no connection but just wants to go to Disneyland, they’re not going to be allowed,” said Green.

“The U.S. administration had said a 90-day travel ban was needed on national security grounds to allow internal review of screening procedures for visa applicants from the six countries. Opponents had challenged the ban in court, saying it was an unlawful bar based on visitors’ Muslim religion.” CBC News

“It’s kind of an interesting compromise,” said Green. “Anyone applying for a visa has to have generally some form of connection or reason to go to the United States.”

But Green added that in practical terms, not much has changed than before the ban, with the exception of the “Disneylander”.  “Individuals from those countries already have to go through security clearances which can take up to three to six months”. Said Green. “It’s smoke and mirrors.”

Meanwhile, Toronto-based immigration lawyer Paul VanderVennen stated that while Canadian citizens or dual citizens won’t be affected by this ban, he believes it’s less clear when it comes to permanent residents.

“It’s not entirely clear that those people wouldn’t have a problem trying to enter the U.S. at this time,” he said.

While VanderVennen doesn’t expect a repeat of the chaos, he said it’s possible that when the ban comes into effect Thursday, there could be delays at airports or at the airport.

“You could expect that when this is brand new and everyone is trying to figure it out, there will be delays. How significant, I don’t really know,” he said. “The first time it came right out of the blue. People had their visas and tickets and were ready to fly. This is different. Everyone is pretty much versed on it because of the disarray that occurred with the first it came out. I think everyone’s learned from that and I think is in a much better position than they were.”

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