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  • Changing of Nationalities for a Green Card Holder

    I am a green card holder and a citizen of one of the seven recently designated countries(Sudan) from which citizens may face harder times in the future as per Trump's new executive order. I am also a citizen of another country(Egypt). Can I start using my Egyptian passport instead of the Sudanese passport with the same green card?
    Thanking you in advance for your help.

  • #2
    You're not describing any "change" of nationalities, but rather you have both nationalities and are using one passport vs. another.

    Trump's executive order is somewhat unclear about who is affected. It says "aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12)". What does "from" mean? Does it mean people with that nationality (even if they haven't been there for a long time or ever)? People born there (even if they haven't been there for a long time)? Or people who are currently residing there?

    INA 217(a)(12) actually bans two groups of people from using the Visa Waiver Program: 1) people who have been present in one of those countries since March 1, 2011, and 2) people with the nationality of one of those countries. The second part of that ban specifically targets dual nationals, as none of those countries are part of the VWP, and people who seek to use VWP are already using the passport of another country that qualifies for VWP.

    So if the executive order had said "aliens referred to by section 217(a)(12) of the INA", then it would probably include dual nationals, and it doesn't help if you use another passport; and it would also cover people not from those countries who have visited since 2011. But the executive order says aliens "from" those countries, so it seems like they are only using the description of the countries from that section, and not the other stuff. So it remains to be defined what "from" means. But it would be a good idea to err on the side of caution for now, and assume that you cannot re-enter the US if you leave.
    Last edited by newacct; 01-28-2017, 01:41 PM.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thanks

      Thank you. I appreciate your feedback.

      Originally posted by newacct View Post
      You're not describing any "change" of nationalities, but rather you have both nationalities and are using one passport vs. another.

      Trump's executive order is somewhat unclear about who is affected. It says "aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12)". What does "from" mean? Does it mean people with that nationality (even if they haven't been there for a long time or ever)? People born there (even if they haven't been there for a long time)? Or people who are currently residing there?

      INA 217(a)(12) actually bans two groups of people from using the Visa Waiver Program: 1) people who have been present in one of those countries since March 1, 2011, and 2) people with the nationality of one of those countries. The second part of that ban specifically targets dual nationals, as none of those countries are part of the VWP, and people who seek to use VWP are already using the passport of another country that qualifies for VWP.

      So if the executive order had said "aliens referred to by section 217(a)(12) of the INA", then it would probably include dual nationals, and it doesn't help if you use another passport; and it would also cover people not from those countries who have visited since 2011. But the executive order says aliens "from" those countries, so it seems like they are only using the description of the countries from that section, and not the other stuff. So it remains to be defined what "from" means. But it would be a good idea to err on the side of caution for now, and assume that you cannot re-enter the US if you leave.

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