AILA's Featured Issues pages provide a one-stop shop on current immigration-related issues that AILA is actively tracking. This includes government actions and resources, AILA's policy recommendations, and materials and talking points to engage with Congress and the press.Start Your Research
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 21012231 | Dated March 10, 2021 | File Size: 1066 KDownload the Document
DOS updated its instructions for immigrant visa applicants who were previously refused due to Presidential Proclamations 9645 or 9983. Per DOS:
Following the Department’s review, immigrant visa (IV) applicants who were previously refused due to either P.P. 9645 or 9983 and were determined not to qualify for a waiver before January 20, 2020, may reapply for a visa by submitting a new visa application (DS-260) and paying a new visa application processing fee. In the alternative, IV applicants refused due to either P.P. 9645 or 9983 who were determined not to qualify for a waiver on or after January 20, 2020, may request their local embassy or consulate to reconsider their case within one year of the date of their waiver refusal without submitting a new application or paying a new visa application processing fee, consistent with Department regulations. IV applicants who were refused due to either P.P. 9645 or 9983 and whose eligibility for a waiver was still being evaluated as of January 20, 2021, will continue to have their applications processed. Embassies and consulates are prioritizing the adjudication of applications for those individuals who, as of January 20, 2021, were awaiting an outcome from the P.P. 9645/9983 waiver process.
DOS announced that it has conducted its review regarding immigrant visa applications that were denied under Presidential Proclamations 9645 or 9983. Per DOS:
Those whose immigrant visa applications received a final refusal on or after January 20, 2020 due to the Proclamations may seek re-adjudication without resubmitting their application forms or paying any additional fees, provided the underlying visa petitions remain valid. Under current regulations, those whose immigrant visa applications were denied prior to January 20, 2020 may also be reconsidered, but these individuals must submit new applications and pay a new application fee.
FY 2017 – FY 2020 Diversity Visa applicants who were not issued visas are statutorily barred from being issued visas based on their selection as Diversity Visa applicants in those fiscal years, as the deadlines for visa issuance in those fiscal years have expired.
DOS provided information on immigrant and nonimmigrant visa processing following the rescission of Presidential Proclamations 9645 and 9983, which had suspended entry into the United States, of certain nationals, based on visa type, from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.
DOS notes while it can immediately process visa applications from individuals from affected countries, due to the COVID-19 pandemic, U.S. embassies or consulates may not be able to immediately schedule all affected applicants for visa interviews.
[[To print the PDF on this page please use the print function in the PDF reader.]]
Cite as AILA Doc. No. 21012231.Open the Document
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-2021
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.