Distinguishing Proclamation-Based Entry Exemptions from USCIS Adjudication Pauses for Nationals of High-Risk Countries
Summary
Recent government updates have created confusion regarding whether dual nationals—such as a Canadian–Iranian individual—are subject to the current pause in adjudications affecting nationals of designated “high-risk countries.”
A review of the authorities shows a clear distinction between entry rules and USCIS adjudication rules:
1. Entry into the United States
Dual nationals are exempt from certain presidential-proclamation–based entry restrictions if they enter using their non-restricted passport (e.g., Canadian).
→ A Canadian–Iranian dual national may enter the United States on a Canadian passport.
2. USCIS adjudication of immigration benefits
The USCIS adjudication hold does apply to dual nationals, because the trigger is country of birth OR citizenship, with no exception for dual citizens and no connection to the passport used for entry.
→ A Canadian–Iranian dual national is still subject to the adjudication pause.
These two regimes operate independently.
1. Entry Under the Presidential Proclamation
The relevant Presidential Proclamation (PP) includes an explicit exemption for dual nationals: individuals are not subject to INA 212(f) entry restrictions when entering on the passport of a non-restricted country.
Key principles:
- The exemption applies only to entry and admissibility determinations at the U.S. port of entry.
- The PP is issued under INA 212(f) and applies exclusively to entry restrictions.
Implication: A dual Canadian–Iranian citizen may enter the U.S. using a Canadian passport without being subject to PP-based travel restrictions.
(Reference: Presidential Proclamation — link to PP or DHS summary if desired.)
2. USCIS Adjudication Hold: Different Authority, Different Trigger
Current USCIS internal guidance (see official notice here: USCIS Announcement) establishes a pause on adjudication of benefit requests filed by individuals connected to “high-risk countries.” The guidance states that the hold applies to filings by:
“Aliens who list one of the 19 high-risk countries as their Country of Birth or Country of Citizenship.”
Key points:
- The trigger is country of birth or citizenship—not the passport used.
- No dual-citizen exception exists.
- USCIS does not reference the PP’s entry framework.
- The adjudication hold is not an admissibility review.
- USCIS explicitly structured the hold to avoid reliance on the passport used for travel.
Implication:
Even if the applicant enters as a Canadian, USCIS will apply the adjudication hold if the individual was born in Iran and/or holds Iranian citizenship.
3. Why the Two Regimes Do Not Interact
- The PP’s dual-national exemption concerns entry, not immigration benefit processing.
- USCIS’s hold is a separate benefit-adjudication freeze based on internal criteria.
- USCIS does not adopt or incorporate PP exemptions into its adjudicative framework.
Result:
Compliance with the PP’s dual-national entry exemption does not remove a case from USCIS’s adjudication pause.
4. Practical Consequences for a Canadian–Iranian TN Applicant
Entry:
- Permitted: The individual may enter the U.S. on a Canadian passport without PP restrictions.
USCIS Adjudications
- Paused: A TN change-of-status, extension, or other USCIS-filed benefit request will likely be placed on hold.
- Not Paused: TN applications filed directly at the border (CBP adjudications) are not subject to the USCIS hold, because CBP is not bound by USCIS’s internal pause.
Practice Note:
For time-sensitive matters, border processing through CBP may remain the only viable option while the USCIS hold remains in effect.
Conclusion
Dual nationality does not provide protection from the USCIS adjudication pause. The PP exemption applies solely to entry, while USCIS applies its own criteria based on an individual’s country of birth or citizenship, regardless of the passport presented at the border.
A Canadian–Iranian dual national may enter the United States, but any USCIS-filed applications will remain subject to the agency’s adjudication hold.
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