ICC sent a formal inquiry to U.S. Consulate in Toronto asking for clarifications regarding the impact of Trump's Travel Ban on Iranian Canadians. Here is a copy of the official response we received on June 29, 2017.
Thank you for your inquiry. We hope that the following response is helpful to your constituency. Please note that updated information for travelers, including advisories pertaining to visa and travel restrictions, are routinely updated on the Department of State and Department of Homeland Security webpages for travelers, www.travel.state.gov and www.cbp.gov, respectively.
As of June 29, 2017, at 8:00 pm Eastern Daylight Time, the U.S. Consulate in Toronto will begin implementing Executive Order 13780 in compliance with the Supreme Court’s decision and in accordance with the Presidential Memorandum issued on June 14, 2017. We continue to accept applications and appointment requests from all nationalities, and are not cancelling previously scheduled visa application appointments. The E.O. provides specifically that no visas issued before its effective date will be revoked pursuant to the Executive Order, and the E.O. does not apply to nationals of affected countries who have valid visas on June 29, 2017.
The Supreme Court’s order specified that the suspension of entry provisions in section 2(c) of Executive Order 13780 may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. The Executive Order prohibits the issuance of U.S. visas to nationals of Iran, Syria, Sudan, Libya, Somalia, and Yemen unless they are either exempt or are issued a waiver. Consular officers first determine whether the applicant qualifies for the visa class for which they are applying before considering whether an exemption to the executive order applies or whether the applicant qualifies for a discretionary waiver.
This Executive Order does not restrict the travel of dual nationals (including Iranian-Canadians), so long as they are traveling on the passport of an unrestricted country (i.e. Canada) and, if needed, hold a valid U.S. visa. Canadian citizens are visa exempt and apply for most nonimmigrant entries, e.g. as visitors, temporary workers, and students, without nonimmigrant visas, directly at a U.S. port of entry. Iranian-Canadians may continue to seek entry to the United States under this agreement, provided they have not previously been required to obtain a U.S. visa.
Permanent residents of Canada who hold passports of a restricted country can apply for an immigrant or nonimmigrant visa to the United States if the individual presents that passport, and proof of permanent resident status, to a consular officer. These applications must be made at a U.S. consular section in Canada. A consular officer will carefully review each case to determine whether the applicant is affected by the E.O. and, if so, whether the case qualifies for a waiver.
Finally, please note that Customs and Border Protection (CBP) makes all final determinations on admissibility at the port of entry.
We hope this is of help. If you have any further questions, please let us know.
Regards,
Nonimmigrant Visa Unit
U.S. Consulate General
Toronto, Canada