Presidential Proclamation 10998 expressly excepts a dual national of a designated country when the person travels on a passport issued by a country that is not designated. The exception can remove the proclamation barrier, but only when the traveler proves genuine dual nationality and consistently uses the non-designated passport for the visa application and travel.
Possessing two passports is not automatically enough. The case may fail if the second document does not establish nationality, the visa is placed in the designated-country passport, prior applications omitted the second nationality, airline records use the wrong passport, or a separate visa-issuance policy applies a different country list.
Current-law notice: Proclamation 10998 took effect January 1, 2026. The Department of State separately exempts certain dual nationals from its 75-country immigrant-visa pause when they apply with a valid passport from a non-listed country. Each restriction must be analyzed independently.
The traveler must legally be a national of both the designated country and another country. Two passports issued by the same country, residence status, ancestry, or eligibility to naturalize does not establish dual nationality.
The passport used for travel must be issued by a country not designated under sections 2, 3, 4, or 5 of Proclamation 10998.
The proclamation’s text expressly conditions the exception on the individual traveling on the non-designated country’s passport.
Department of State guidance describes the exception as applying to dual nationals who apply with a passport of a nationality not subject to suspension.
The application should truthfully identify all present nationalities, former nationalities, passports, travel documents, names, and places of birth requested by the form.
The exception removes only the proclamation restriction. The applicant must still establish the visa classification, documentary eligibility, admissibility, and required screening.
The simplest qualifying case: the applicant is a genuine national of one Proclamation 10998 country and one non-designated country, applies with a valid passport from the non-designated country, receives the visa in that passport, and uses the same passport throughout travel and inspection.
A U.S. citizen is not an “alien” seeking an exception from a visa suspension. U.S. citizens are legally ineligible to receive a U.S. visa.
U.S. nationals, including U.S. dual nationals, generally must use a valid U.S. passport to enter and leave the United States.
A U.S. dual citizen should not apply for ESTA or seek entry as a foreign visitor using the other nationality’s passport.
The other country may require the person to use its passport when entering or leaving that country, creating a two-passport itinerary.
A person who may have acquired U.S. citizenship at birth or through a parent should resolve citizenship and passport eligibility before applying for a visa.
A child who is a U.S. citizen is not eligible for a U.S. visa and should obtain a U.S. passport for travel to the United States.
The dual-national exception is relevant to non-U.S. nationals who possess one designated and one non-designated foreign nationality. It is not a substitute for documenting U.S. citizenship.
A person may acquire nationality automatically at birth through birthplace, parentage, or both, depending on the law in effect at that time.
Some countries confer nationality through a parent or grandparent, but the applicant may need registration or recognition before a passport can be issued.
A naturalization certificate and valid passport can establish the later-acquired nationality. Confirm whether naturalization affected the original nationality.
Permanent residence, refugee status, long-term residence, or a residence card in a non-designated country does not make the person a national of that country.
Birth in a designated country does not necessarily mean the person remains a national of that country. Conversely, birth elsewhere does not disprove nationality by descent.
An expired, cancelled, fraudulently obtained, improperly retained, or non-national travel document may not establish current nationality or qualify for the exception.
Some people are dual nationals without realizing it. Department of State guidance recognizes that a person may knowingly or unknowingly possess another nationality even without having obtained that country’s passport. The proclamation exception, however, requires actual travel on a non-designated country’s passport.
Provide complete copies of the biographic page and relevant endorsements from both current passports, including passport number, nationality, issuance authority, and validity.
Naturalization certificates, registration of citizenship, certificates of nationality, consular birth records, or official citizenship determinations can establish status.
Birth certificates, parents’ citizenship records, marriage records, legitimation documents, and applicable nationality law may establish citizenship by descent.
National ID cards, civil registry extracts, household registration, and voting or military records may corroborate nationality but should not replace the required travel passport.
Provide expired passports and explain changes in name, nationality description, passport number, place of birth, or issuing authority.
If the applicant claims no longer to be a national of the designated country, provide an official loss, release, renunciation, or deprivation document and the relevant law.
Translate all material foreign-language nationality, birth, civil-registry, and passport documents completely and accurately.
When nationality is disputed or unusual, provide authoritative legal materials or an expert explanation rather than relying on family belief.
Explain transliteration, different name order, aliases, married names, different birth dates, and other discrepancies connecting the two citizenship records to one person.
| Stage | Recommended document practice | Risk if inconsistent |
|---|---|---|
| DS-160 or DS-260 | Use the valid non-designated passport as the principal travel document while fully disclosing the designated nationality and all other passports where requested. | The application may be treated as based on the designated nationality, or omissions may create credibility or misrepresentation concerns. |
| Visa appointment profile | Enter the same non-designated passport number and nationality used in the visa application. | Appointment, fee, courier, and passport-delivery records may be tied to a different document. |
| Consular interview | Bring both passports and supporting nationality evidence, but request visa processing in the non-designated passport. | The officer may need clarification about nationality, reciprocity, security screening, and the proper passport for visa placement. |
| Visa issuance | Confirm that the visa foil is placed in the intended non-designated passport and that the biographic data and nationality are accurate. | A visa issued in the designated passport may create a dispute about whether the traveler is actually traveling on the qualifying passport. |
| Airline reservation | Use the non-designated passport details for the U.S.-bound itinerary and advance passenger information. | The carrier may transmit the designated passport to CBP or deny boarding based on the wrong nationality. |
| Transit | Check whether a transit country requires one passport or a visa and maintain a clear document sequence. | Switching passports without explanation can cause carrier, immigration, or identity problems. |
| U.S. port of entry | Present the non-designated passport containing the visa, together with any documents needed to explain dual nationality and the exception. | Presenting the designated passport as the primary travel document may undermine the express condition of the exception. |
| Departure and future travel | Preserve the I-94, admission class, passport used, and any CBP documentation for later applications. | Future forms may show inconsistent passport and nationality histories if the record is not maintained. |
Department guidance permits travel with a valid visa in an expired passport and a new valid passport when both passports are from the same country and of the same type.
The ordinary “visa in old passport” rule does not authorize pairing a visa in one country’s passport with a current passport from a different country.
A dual national relying on the exception may need a new visa issued in the non-designated passport rather than attempting to travel with the designated-country visa.
Never remove a visa from one passport and attach it to another. Altering or transferring the foil invalidates the visa and can create serious fraud concerns.
The old and new same-country passports should also be the same type, such as two regular passports rather than one diplomatic and one regular passport.
When visa placement and qualifying passport differ, obtain case-specific consular guidance or apply for a new visa before purchasing travel.
The strongest dual-national case uses a visa issued in the same non-designated passport the traveler presents for boarding and U.S. admission.
List every current nationality requested by the DS-160, DS-260, ESTA, USCIS form, or other government application.
Disclose prior nationality where requested, including formal renunciation, loss, deprivation, or changes caused by state succession or nationality law.
Provide the principal non-designated passport and all additional passports or travel documents requested by the application.
Use the legally accurate place of birth even when it is in a designated country. The exception depends on nationality and passport use, not hiding birthplace.
Compare prior applications for omitted nationality, passport, travel, employment, military, or identity information and prepare a truthful explanation before interview.
Petitions, status applications, I-94 records, border inspections, trusted-traveler files, and immigration records should be checked for inconsistent citizenship data.
Do not conceal the designated nationality to obtain the exception. The exception expressly assumes that the person is a dual national of a designated country. Concealment can create a separate fraud or misrepresentation problem far more serious than the proclamation itself.
The January 21, 2026 immigrant-visa pause applies to nationals of 75 listed countries, a broader list than Proclamation 10998.
Department guidance exempts dual nationals who apply with a valid passport from a country not included in the 75-country list.
An immigrant visa applicant may need to qualify under both the Proclamation 10998 exception and the separate issuance-pause exemption.
A person can be outside Proclamation 10998 but still covered by the 75-country immigrant-visa pause, or vice versa.
Apply with the valid passport from the country not listed under the relevant policy and disclose the other nationality accurately.
The 75-country policy concerns immigrant visa issuance. Nonimmigrant applicants should separately analyze Proclamation 10998, visa bonds, screening, and category rules.
Do not say “the dual-national exception applies” without naming the rule. The proclamation and the separate State Department pause use similar passport-based concepts but have different country lists, legal sources, and scope.
ESTA determines eligibility to travel under the Visa Waiver Program. It is separate from Proclamation 10998 and from ordinary visa issuance.
An ESTA authorization is tied to the passport used in the application. A new passport or different nationality generally requires a new ESTA application.
Visa Waiver Program law separately restricts eligibility for certain dual nationals and travelers connected with specified countries. A non-designated VWP passport does not automatically solve that issue.
A traveler who qualifies for the proclamation’s dual-national exception but is ineligible for ESTA may need to apply for a B-1/B-2 or other appropriate visa using the non-designated passport.
Authorization permits travel to seek admission under the Visa Waiver Program. CBP retains authority to determine admissibility.
A U.S. citizen must use a U.S. passport and should not seek ESTA authorization through a foreign passport.
An approved Form I-130, I-140, I-360, or I-526E does not determine which passport must be used for the proclamation exception.
Update the National Visa Center and consular file with the intended non-designated passport and preserve confirmation of the change.
Ensure that the principal passport, both nationalities, prior passports, residence, and identity history are accurately disclosed before submission or reopening.
Nationality can affect visa reciprocity, police certificates, military records, civil documents, security screening, and the post designated for processing.
Apply the 75-country pause exemption independently and use a valid passport from a country not on that list.
At entry, present the immigrant visa and qualifying passport, sealed or electronic case requirements, and any evidence needed to explain dual nationality.
| Visa type | Dual-national issue | Additional legal issue |
|---|---|---|
| B-1/B-2 | Use the non-designated passport for the application and travel to claim the exception. | INA §214(b), trip purpose, permissible business activity, visa bonds, ESTA eligibility, and prior travel remain separate. |
| F-1, M-1, or J-1 | The exception may permit application through the non-designated nationality even when the other nationality is fully or partially suspended. | Form I-20 or DS-2019, SEVIS, funding, residence, intent, technical screening, and program timing still apply. |
| H-1B, L-1, or O-1 | A full-suspension country national may rely on the non-designated passport; many partial-country temporary-worker classifications are not suspended. | Petition approval, occupation, employment, reciprocity, current proclamation litigation, and admissibility remain relevant. |
| E-1 or E-2 | The passport used to avoid the proclamation must also be evaluated against treaty nationality requirements. | A non-designated passport may not support E classification unless the applicant and enterprise satisfy the applicable treaty-nationality rules. |
| P or athlete visa | The dual-national exception may apply independently of the major-sporting-event exception. | Petition approval, event designation, role, support personnel, and correct visa classification should be documented. |
| A, G, C, or NATO | The traveler may already have a separate categorical official-visa exception. | Use the strongest exception and ensure the visa and official purpose match the assignment. |
E-1 and E-2 classifications require nationality of a qualifying treaty country. The passport selected for the proclamation exception should be examined against the treaty schedule.
For E-2 cases, ownership of the U.S. enterprise must satisfy treaty-country nationality requirements. Changing the applicant’s principal passport may not change enterprise ownership.
An E employee generally must share the treaty nationality of the principal employer or enterprise as required by the classification.
Validity, entries, and fees may depend on the nationality under which the visa is issued. Compare both countries’ reciprocity schedules.
A passport that avoids Proclamation 10998 is not necessarily the passport that establishes E-visa eligibility.
Where the non-designated nationality does not support E classification, assess L-1, O-1, H-1B, B-1, or another legally appropriate route rather than assuming the exception cures the defect.
Enter the non-designated passport in the reservation and airline document system for the U.S.-bound segment.
The ticket name should match the qualifying passport. Carry name-change and identity-linkage documents when the two passports differ.
The carrier should be able to verify a valid U.S. visa in the same passport or another legally usable same-country passport.
Check whether the transit country recognizes the selected passport, requires a transit visa, or requires use of the other nationality’s passport.
The country of departure may require its nationals to exit on its passport even when the U.S.-bound travel document is different.
Carry both valid passports when legally appropriate, but present the non-designated passport as the principal U.S. travel document and explain the document sequence if asked.
Airline staff may see only the passport transmitted in the reservation. A legally valid exception can still result in denied boarding when the wrong passport number or nationality is entered.
Use the non-designated passport as the principal document and present the valid visa, petition or program evidence, and exception materials.
Answer questions truthfully about every nationality, passport, residence, travel history, military service, employment, and purpose of travel.
The proclamation exception and visa allow the traveler to seek admission. CBP independently determines classification and admissibility.
CBP may review passports, visa records, travel history, prior applications, devices, immigration status, and the reason for using one passport rather than the other.
After admission, confirm the name, passport number, class, and authorized period shown in the electronic I-94 and seek correction promptly if inaccurate.
Retain boarding passes, passport stamps, I-94, inspection documents, and correspondence for future visa and immigration filings.
Prior fraud, criminal history, unlawful presence, removal, unauthorized employment, security concerns, visa-category problems, or inconsistent statements can still cause refusal of admission.
The applicant has a residence permit or refugee document from the second country but is not legally a national.
The visa application, appointment, airline record, or inspection uses the designated-country passport as the principal document.
The traveler attempts to pair a visa in the designated-country passport with a current passport from the non-designated country.
Prior DS, ESTA, USCIS, or CBP records fail to disclose one nationality or passport, creating a credibility or fraud concern.
The applicant assumes both citizenships remain valid despite naturalization, renunciation, automatic loss, or another foreign-law rule.
The non-designated passport is expired, cancelled, damaged, reported lost, improperly issued, or not acceptable for international travel.
The non-designated nationality avoids Proclamation 10998 but remains on the 75-country immigrant-visa pause list.
The applicant qualifies for the proclamation exception but is independently ineligible for Visa Waiver Program travel.
The passport issue is solved, but the proposed work, study, investment, or immigrant case does not meet the requested visa category.
Correct the passport, nationality, and identity information before signing and submitting the DS-160 or DS-260.
Follow the post’s procedure for a new DS-160 or correction and update the appointment profile if the passport number changes.
Request reopening or post correction through NVC or the consular post and preserve proof of the request.
Ask the post to issue the visa in the qualifying non-designated passport and provide the legal exception and nationality evidence.
Contact the issuing post promptly if the visa contains the wrong nationality, passport number, name, date of birth, or classification.
Use deferred inspection or the appropriate CBP correction process when the admission record identifies the wrong passport or nationality.
State the legal basis, acquisition date, current status, passports, names, and relevant nationality documents for each country.
Cite the applicable Proclamation 10998 country section and establish that the second country is not designated.
Quote or paraphrase section 6(b)(ii) accurately and explain that the applicant will apply and travel on the non-designated passport.
Identify the DS application, appointment profile, passport submitted for visa issuance, airline booking, and intended document at inspection.
Address omitted nationality, different name, passport changes, prior applications, residence status, or earlier travel on the designated passport.
Apply the 75-country immigrant-visa pause, ESTA rules, visa bonds, reciprocity, petition requirements, and admissibility independently.
Ask the post to recognize the categorical exception, process and issue the visa in the non-designated passport, and correct the government record where necessary.
Original valid passports and complete copies, with the non-designated passport identified as the principal travel document.
Expired passports containing U.S. visas, travel history, old names, nationality evidence, or prior immigration records.
Naturalization, nationality registration, birth and parentage records, civil-registry extracts, and loss or renunciation documents.
A concise explanation of section 6(b)(ii), both nationalities, passport choice, application history, and separate restrictions.
DS confirmation, appointment profile, payment record, correspondence, petition or program documents, and evidence the correct passport was submitted.
Marriage certificate, name-change order, transliteration explanation, birth record, national ID, and other proof that both passports belong to the same person.
Itinerary, reservation record, transit visa, advance passenger information, and any carrier confirmation.
Petition approval, employer or school letter, itinerary, funding, relationship documents, return plans, and proof of the requested visa classification.
Refusal sheets, revocation notices, CBP records, criminal dispositions, waiver approvals, and explanations of any inconsistent nationality history.
It is a categorical exception for a dual national of a designated country when the person travels on a passport issued by a country that is not designated under the proclamation.
No. The passports must reflect genuine current nationalities, one country must be non-designated, and the traveler must use the non-designated passport for the visa application and travel.
No. Permanent residence, refugee status, or long-term residence is not nationality. The exception requires dual nationality and travel on the non-designated country’s passport.
Use the valid passport from the non-designated country as the principal travel document and truthfully disclose the designated nationality and all other passports where requested.
That creates substantial risk. The ordinary rule allowing a valid visa in an expired passport requires the old and new passports to be from the same country. A new visa in the non-designated passport may be necessary.
No. The exception assumes the person is a dual national of a designated country. Concealing nationality or a passport can create a separate fraud or misrepresentation issue.
U.S. citizens are not eligible for U.S. visas and generally must enter and leave the United States using a U.S. passport. They should not use ESTA or the proclamation exception through a foreign passport.
Not automatically. The separate State Department pause has its own exemption for dual nationals applying with a valid passport from a country not on its 75-country list.
Possibly, but ESTA and Visa Waiver Program eligibility are separate. Certain dual nationals and travelers remain ineligible and must obtain a visa even when the proclamation exception applies.
Use the non-designated passport and matching U.S. visa or ESTA authorization for the U.S.-bound itinerary. Ensure the reservation and advance passenger information contain the same passport data.
No. CBP independently decides admission, visa classification, and admissibility at the port of entry.
Correct the application, appointment profile, NVC or consular record, and passport submitted for issuance as early as possible. The proper procedure depends on the stage of the case and the responsible post.
Current restrictions, INA §212(f), covered visas, exceptions, procedures, and archives.
Scope exclusions, LPRs, dual nationals, official travel, sporting events, SIVs, and national interest.
Country lists, visa classes, separate issuance pauses, visa bonds, and operational changes.
Effective-date protection, expiration, revocation, cancellation, replacement passports, and travel.
Green card travel, abandonment, reentry documents, criminal issues, and admission.
Case-by-case national-interest relief when no categorical exception applies.
Coverage analysis, passport strategy, consular advocacy, CBP preparation, and layered restrictions.
Executives, investors, contracts, economic impact, unique expertise, and urgency.
Revocation authority, notice, travel consequences, reapplication, and record review.
CBP inspection, document problems, withdrawal, expedited removal, and future travel.
Passport, nationality, identity, DS-form, source-record, and consular corrections.
Separate statutory relief that may remain necessary after the exception is recognized.
The strongest dual-national case proves both nationalities, uses the non-designated passport consistently, discloses every nationality and passport truthfully, resolves visa-placement and ESTA issues, and addresses separate issuance and admissibility barriers. Passport mistakes should be corrected before visa issuance or international travel whenever possible.
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