U.S. travel ban 'grey areas' could cause problems for Canadian permanent residents

When the U.S. 90-daytravel ban comes into effect Thursday morning, it's the so-called Disneylanderwho will face the most difficultygetting into the country.

A "Disneylander",as described by Toronto-based immigration lawyer Stephen Green,would be a permanent resident in Canadawho 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. Those excluded from the ban, according to the top court, would be able to prove a"credible claim of a bona fide relationship with a person or entity in the United States."

So, permanent residents originally fromIran, Libya, Somalia, Sudan, Syria and Yemen who are students attending school in the U.S.,have work permitsor who have familial ties to the U.S. should have no issue getting in, said Green.

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"The permanent resident from Iran who applies for a visa who has noconnection but just wants to go to Disneyland, they're not going to be allowed," he said.

'Small amount' of people

And that will probably affect only a "very very small amount" of people, he said.

The U.S. administration hadsaid a90-day travel ban was needed on national security grounds to allow an internal review of screening procedures for visa applicants from the six countries. Opponents had challenged the ban in court, saying itwas an unlawful bar based on visitors' Muslim religion.

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On Monday, the U.S. Supreme Court allowed a limited version of U.S. President Donald Trump's ban on travel from the six, mostly Muslim countries to take effect. The court's opinion explained the kinds of relationships people from the six countries must demonstrate to obtain a U.S. visa. The original ban did not include suchexemptions.

"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."

According to a cable obtained by The Associated Press on Thursday, consular officers may grantexemptions to applicants from the six nationsif they are a legal resident of Canada who applies for a visa inCanada.

'Smoke and mirrors'

But Green said in practical terms, not much has changed than before the ban, with theexception of the "Disneylander." Individuals from those countries alreadyhave to go through security clearanceswhich can take up to three to six months, he said.

It's "smoke and mirrors," he said.

But Toronto-based immigration lawyer PaulVanderVennensaid while Canadian citizens or dual citizens won't be affected by this ban, he believes it'sless clear when it comes to permanent residents.

"It's not entirely clear that those peoplewouldn't have a problem trying to enter the U.S. at this time," he said.

Vague exemption rules

VanderVennensaid there are a lot of "grey areas" in theexemption categories laid out by the Supreme Court.

Those grey areas include the definition of a "close family member." According to the cable, grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law, fiancs or other extended family members are not considered to be close relationships.

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Back in January, Trump's first executive order on travel took effect immediately, causing chaos and panic at airports over thatlast weekend of the monthas the Homeland Security Department scrambled to figure out whom the order covered and how it was to be implemented.

While VanderVennendoesn't expect a repeat of the chaos, he said it's possible that when the ban comes into effect Thursday, therecould be delays at airports or at the border.

'This is different'

"You could expect that when this is brandnew and everyone is trying to figure it out, there will be delays. How significant, Idon'treally know," he said."Thefirst time itcame right out of the blue. Peoplehad their visas and tickets and were ready to fly. This is different."

Green was much more confident that it will run more smoothlythis time.

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"I think that everyone is prettymuch versed on it because of thedisarraythat occurredwiththe first time it came out.I think everyone's learned from that and I think everyone isin amuch better position than theywere."

Meanwhile, a120-day ban on allrefugees also is being allowedto take effect on a limited basis.

"We've had a flow of peoplefrom the U.S.and other places of theworld coming,"saidToronto-based immigration lawyer RobinSeligman. "The impact we may feel will be people showing up at out borders making refugee claims."