The State department have now clarified exactly how the travel ban will be implemented, including its impact on DV lottery cases. The exact text of a cable sent to all embassies can be read here, and there is an announcement here, but I am going to clarify the impact below.
- The travel ban goes into effect today at 8pm EDT and will last 90 days (although could be extended). In theory, that means the ban could be over 2 days before the end of the DV2017 year, and will “hopefully” have ended before DV2018 processing starts.
- The travel ban affects people from Iran, Libya, Somalia, Sudan, Syria, and Yemen. This ONLY affects people from those countries. NO OTHER COUNTRY is affected.
- DV lottery cases are impacted by the ban.
- Anyone already with an ISSUED visa (i.e. stamped in your passport), or existing Green Card holder is automatically exempt from the ban and can continue with travel.
- There are exemptions from the ban for the following cases.
- Existing Green Card holders
- People holding a visa ISSUED prior to the ban (today) (i.e. people issued that have not yet travelled).
- People that were already in the USA on June 26th (i.e. Adjustment of status cases)
- People that hold dual citizenship of another (not banned) country (but they must travel on the passport of the “other” country).
- Anyone with a “bone fide” family relationship to a US resident. Family is defined for this purpose as a parent, spouse, child or siblng. This will include “in law” relationships such as a parent in law. ***UPDATE 7/14/2017*** – this definition has been widened to include ” grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts and uncles, nephews and nieces, and cousins” (see this link)
- Anyone with a “bone fide” family relationship to a US entity (such as company or college). This will have to be proven by documentary evidence showing the relationship existed r to the ban.
- There is also the possibility of waivers for undue hardship where the entry would not pose a threat to the USA and would be in the national interest of the USA. This sort of waiver will be extremely rare.
- DV case interviews already scheduled will go ahead and further interviews can take place. The interviews will proceed as normal and if the case can be approved on its merits the CO will then consider the case against the terms of the travel ban. Interviews would therefore end as approved (because the person qualifies for an exemption) or “refused under 221(g) which is actually Administrative Processing (AP). Theoretically, cases under AP because of the ban could be approved and issued on the final 2 days of September *IF* the ban is not extended. However, that would be difficult in practice (logistically).
- Cases currently on AP will continue to be processed, but will be subject to the terms of the ban when AP completes. So, in practice, such cases might finish “regular AP, only to be immediately placed back on AP due to the ban.
So – it is good that we have very clear definition – but this is obviously a huge blow to many applicants. People will obviously have their hopes raised by the end of the ban being a day or two before the September 30th deadline, but in practice, the window of time to get cases approved will be too small to help many, if any cases.
I realize this is a complicated subject, so please read this post a couple of times before asking questions.
June 30, 2017 at 00:36
Thanks for good work brist
June 30, 2017 at 00:38
Thanks for ur effort in explaining.
What if applicant provide a job offer from company in the united states? Does thst help?
June 30, 2017 at 00:39
I did explain that above! Yes it might help – ***IF*** the job offer was real. COs will be suspicious of such job offers.
June 30, 2017 at 00:39
Hello brist still haven’t find the US address to fill my form 260 what step should i take
June 30, 2017 at 00:41
Find a friend or friend of a friend who will allow you to use their address.
June 30, 2017 at 00:41
What if the winner is a family with kids, can that be considered as “no threat posed ” by applicant which result to be against the order justifications, will they be accepted?
June 30, 2017 at 00:49
I read your article and the text that was sent to the embassies,I understood that scheduling visa will continue for citizens of the banned countries and CO will determine with to be exempt or not so we can see there is still small chance to be exempt from the ban
2- I am Dv2018 winner from Yemen my case number AS88**
So my interview might be in may or June next year,so I might be not affected by the ban because it will last just for 90 days from now?
The most affected people from this ban just DV2017 winners ?
June 30, 2017 at 00:58
As the article states, this is mostly DV2017 impacts for now BUT the point of the ban was (ostensibly) to pause movement of people from dangerous places UNTIL the vetting could be improved. If vetting cannot be improved, it is possible the ban could continue for some countries. It is also possible that processing times before and after interview are increased for people from banned countries. So – as ever, all you should do is “wait and see”.
June 30, 2017 at 01:05
I got it ,thank you so much and I hope there won’t be ban when my interview time comes
June 30, 2017 at 03:07
as you say There are exemptions cases from the ban like Anyone with a “bone fide” family relationship to a US resident.
iam somali dv 2018 winners
1.if my petitioner is my brother in law or my sister 2.am i travel to USA us normal us the other countries
3.which one is acceptable petitioner brother in law or my sister
June 30, 2017 at 03:20
June 30, 2017 at 03:15
It says “Diversity visa applicants will need to demonstrate a qualifying relationship or qualify for a waiver since a relationship with a person or entity in the U.S. is not required for such visas”. Does this clause include all foreign nationals who won the DV lottery or only 6 countries mentioned in original EO?
June 30, 2017 at 03:21
Just like the article above explains this ONLY relates to the 6 countries.
June 30, 2017 at 06:50
Good Work BritSimon
June 30, 2017 at 06:59
Some websites are writing that visa already approved will not be revoked so is that true? If it is true does that mean my case which is approved and under administrative processing will not be revoked?
June 30, 2017 at 16:31
My article above covers this exactly!
“•Cases currently on AP will continue to be processed, but will be subject to the terms of the ban when AP completes. So, in practice, such cases might finish “regular AP, only to be immediately placed back on AP due to the ban.”
YOUR case is NOT approved – it is on AP. Your case is affected by the ban.
June 30, 2017 at 07:35
In case that the ban will be extended to 2018 I guess this will significantly increase the chances of being invited to an interview to high case numbers from other countries from Africa and Asia, and this situation can actually be good for some people.
Do you agree?
Thank you for the great job you are doing
June 30, 2017 at 10:55
There is no such thing good where some benefit on the merit of others harm and this is clearely selfish attitude, sorry for my arrogancy can’t hold it.
June 30, 2017 at 13:41
Perhaps I did not explain myself, I only referred to DV LOTTERY Winners and the consequences of the travel ban.
June 30, 2017 at 10:58
when will the online filling in of the DS-260 form for the just released 2018 DV Lottery results begin?
June 30, 2017 at 16:50
It already began as soon as the results were announced in May.
June 30, 2017 at 16:32
I’m not going to speculate about that since we don’t know how the ban will be extended.
June 30, 2017 at 08:26
I am Dv2017 winner from somalia my interview was 2 may and i still adminstrative processing
my case which is approved and under administrative processing i want to know if will be revoked?
June 30, 2017 at 16:41
Please read the article – I explain about cases on AP.
June 30, 2017 at 08:30
Diversity visa applicants will need to demonstrate a qualifying relationship or qualify for a waiver since a relationship with a person or entity in the U.S. is not required for such visas.
please can you explain me
June 30, 2017 at 16:41
The article explains. PLEASE READ IT!
June 30, 2017 at 09:16
I am Dv2017 winner from somalia my interview was 2 may
my case which is approved and under administrative processing
if i get the job a company from the usa can i exemption
June 30, 2017 at 16:44
You can try – *IF* your AP is concluded.
June 30, 2017 at 10:21
Hello BritSimon ,
Due to the ban ,do you think more selectees will be added to the 2018 DV ?
June 30, 2017 at 16:46
June 30, 2017 at 11:26
I have job offer for a company in US and still in administrative processe.
Main applicant need to have a job offer ?
How should I prepare those documents?
In which format ?
June 30, 2017 at 16:53
If you have a real job offer (which would be VERY UNUSUAL and usually suspicious), the employer will produce a job offer letter.
July 2, 2017 at 09:59
the employer asked me about the structure of that.
July 2, 2017 at 14:07
June 30, 2017 at 12:00
im 2018!lottery winner and my sister lives in america but she doesnt have her citizen ship yet but she is having her green card,does this include the bona fide relationship?
June 30, 2017 at 16:55
June 30, 2017 at 13:23
Good day Brit,
had our interview Jan 05/2017 in Montreal we are from Iran have dual citizenship case is still under AP since January .My Husband is the main applicant and due to his mandatory military in Iran case is under AP I am assuming! I do have relatives In USA not my husband does that count ? any chance for us at this time? Thanks for all your help!
June 30, 2017 at 17:04
As I explain above dual citizenship qualifies as an exemption from the ban. So now you just wait for AP to finish.
June 30, 2017 at 14:12
im in ap 7 month from one of affected country and my big sister in america before one month and she receive the social number just the green gard not yet and her husband american …can one of them help me to get visa
June 30, 2017 at 17:06
You can show the family relationship to be exempted from the ban – but you still need your AP to conclude.
June 30, 2017 at 15:55
I am the main applicant (dv 2017) from one of these 6 countries and have dual citizenship from another country.
The application also includes my family who are not from my country and don’t have its passport.
Can we all get the green card if interview is passed successfully?
Thanks a lot,
June 30, 2017 at 17:08
June 30, 2017 at 16:57
As you have read the released instruction, ,unfortunately i cant interpret it alone. My wife is issued a visa as the principle winner . Im still in AP . They say those who have been issued visa prior to June 29 are exempted even if they have not used their visas . Also they say if the principle applicant is exempted ,the derivatives are also exempted, true? Am i qualify for the visa during the 90 days ban if my normal ap is completed? Do i have any chance to get visa? Its a little confusing for me.
July 1, 2017 at 07:04
Sorry am i asking a wrong question? I’ve asked it 2 times but you ignored it both times and no answer. Thanks
July 1, 2017 at 13:12
July 2, 2017 at 17:21
In FAQ of travel.state.gov they say if the principle applicant is exempted under any class then the eligible derivatives are also exempted.
One of the sections for exemption is those visa holders that their visas are issued before 29 june
Can we conclude that their derivatives are also exempted?
Is it logical that every single member of a case should demonstrate a bona fide relationship in US? Or if the principle applicant gets issued, her spouse and childreen can get the beneficiary visa to join the principle applicant in the US too. ( in this case the beneficiaries can refer to their principle applicant as their bona fide relationship. because they want to join her in US, also as you know their visas are not valid unless the principle is in us. They can also travel at the same time in old definition). Am i right or i am making a wrong conlusion.
July 3, 2017 at 14:36
The principal shows the relationship. The case of the derivatives depends on the principal.
June 30, 2017 at 17:19
I am from one of the affected countries…can you please explain more this statement:” Diversity visa applicants will need to demonstrate a qualifying relationship or qualify for a waiver since a relationship with a person or entity in the U.S. is not required for such visas”.
1. E.g what is that qualifying relationship.. ist the close family relationship?
2. And how can I qualify for a waiver?
3. How about bringing a job offer at interview time do they want my job offer to be before this EO(before June 29)?
I hope my question is logic and not asking what you already explained
June 30, 2017 at 22:29
1. Yes – as described above.
2. You probably can’t.
3. If that is a REAL job offer that might help – but it must be real.
June 30, 2017 at 17:33
Would you please explain in more details what a “waiver” is?
June 30, 2017 at 22:28
Almost no one will qualify for one – so you don’t need to worry about it.
June 30, 2017 at 22:38
Dear Simon My question about AP cases. I have a friend from Libya and his interview was on May 1st in Tunisia, The CO asked him for additional information and hi put under AP, his case status has updated on June 29th and today June 30 afternoon the case become issued, so what do you think about this situation ??
I have the same situation, from one of the six countries , my interview was on…., and put under AP for additional information and I sent the answers immediately after the interview
June 30, 2017 at 22:44
Your friend might have been improved just in time – he should wait to have the visa in his hand.
You have a long wait, and very small chance of approval. It’s a great pity you did not have all the paperwork ready at your interview.
June 30, 2017 at 23:06
The CO agreed to give me the visa and he said to me, “Please answer the questions and send it to us quickly so that I can print the visa. I do not know what was the reason for the delay.
June 30, 2017 at 23:09
Well regardless of the reason for the original delay you are now going to be affected by the ban.
July 10, 2017 at 05:45
The visa was printed on 30th
June 30, 2017 at 22:44
My interview was on 8 may
June 30, 2017 at 22:48
What do you think is possible to AP after the travel ban to approval ???
I am the same story but I am from Sudan and thek last update was on the 29th yesterday under AP is it expected. Do yo th8nk its possible to change from AF procedures to issued?
June 30, 2017 at 22:56
I don’t know what will happen. Wait and see.
June 30, 2017 at 23:00
Ok thank you dear
June 30, 2017 at 22:56
The information above you said any AP will keep the same situation after 90 days there is a difficult opportunity in two days but the CO issued by the decision my friend from Libya and the same paper that my friend answered seven questions exactly
July 1, 2017 at 09:44
Thank you for clarify information.
My friend become Dv-2018 winner, he added his new wife as beneficiary, his Case Number is 29☆☆, alreday we submit ds-260 18-May-2017, so my question is.
1. We got adress from his wife’s Aunt as sponser could accept and schudle appoinment on Augast?
2. We have his wife’s brother who live America since January 2017, is it possible to accept Non-applicant relationship as sponsor? If yes could you suggest to unlock to the form to change the sponser?
July 1, 2017 at 13:06
Both questions have two questions each!!
1a. Address is fine.
1b. I don’t know about timing because you haven’t made your case number clear (the REGION). But in any case – wait and see.
2a. Your brother in law would be fine.
2b. That is up to you.
July 1, 2017 at 12:00
im from one of affected country dv 2017 lottery winner and my sister lives in america but she doesnt have citizen ship or green card just have social number,does this include the bona fide relationship?
July 1, 2017 at 12:39
Yes. However, they may want proof of her legal status in the USA.
July 1, 2017 at 15:14
I am from one of the affected countries…can you please explain more this statement lam winner 2018 my case 12xxx what chance i have if dont have ban fide ..
July 1, 2017 at 15:20
tha ban is end 29 9 2017 so ..do you have chance change time ban ended
July 1, 2017 at 15:52
As I mention above, the ban might be extended – or it might not. So wait and see.
July 9, 2017 at 19:02
I think if the travel ban is exactly 90 days it will be completed on September 25th.
The Sudan on September 29th and 30th vacation in my country Is this a true or possible account explaining to me how the last day of the travel ban will be on September 29
July 9, 2017 at 21:02
Like I said – wait and see.
July 9, 2017 at 22:53
What is the exact end date? Depending on the duration of the partial decision, 90 days will be completed if the period is not increased before the start of the Supreme Court in October.
July 10, 2017 at 06:28
What part of “wait and see” do you find confusing?
July 1, 2017 at 15:39
sorry i forget the region, case number is Af29**
1. already i submit my ds-260, my sponsor was my wife’s aunt, is that ok?
2. if my brother in law( my wife’s brother) acceptable, do i need to change my old sponsor because off is not kind of relationship they accept as i read your article?
July 1, 2017 at 15:53
July 1, 2017 at 19:22
Hi Simmon. I filled up the ds-260 at May 2017 . I am a Dv-2018 winner. My case is EU1XXX. When do you think approximately the interview will be?
July 1, 2017 at 20:59
July 1, 2017 at 19:43
Greetings Simon. What happens if someone from those affected countries has US citizen children and is trying to enter the US with them? Although the children were living outside the USA before that. In one of the articles it is mentioned that
“One example cited in the Supreme Court’s decision was a foreign national who wishes to enter the United States to live with or visit a family member”
Does it mean that having a US citizen child satisfies the familial relationship?
July 1, 2017 at 20:56
No I dont think that would qualify.
July 3, 2017 at 19:42
Pardon me Simon, but the articles mention having a child is a condition for exemption. Here:
11. (SBU) “Close family” is defined as a parent (including parent-in-law), spouse, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half…
I hope we have a clarification on this matter.
July 3, 2017 at 20:48
Yes, but the child in the example you gave is not living in the USA – and THAT is the point.
July 1, 2017 at 22:53
should the qualıfyıng job offer must be before the travel ban or ıt can be any tıme
July 2, 2017 at 00:56
I don’t know. You can try – but it is unlikely to be trustworthy.
July 2, 2017 at 04:07
if i get my My fiancee can i exempt
July 2, 2017 at 04:34
All your answers are in the article above. PLease read that.
July 2, 2017 at 04:09
or i f i get my step brother can i exempt
July 2, 2017 at 10:18
1/ How i know the ap conclude and before enter to another ap due to ban i need to show the family relationship to be exempt from the ban
2/by any way i can show him the family relationship to be exempt im in ap and no other interview
July 2, 2017 at 14:06
I don’t know. They will probably contact you.
July 3, 2017 at 20:22
1- My case number is for 2018 AS11xxx, I know u have explained many times to wait and see but I need to approx. Expectation as I need to decide the location of interview in my application as Im working out of my home country and I spend only 1.5 month/year on my home country where the interview location is by default in.
2- Shall I ask a person from USA to fill the I-134 or is there an alternative way to show a financial support to my self and my family?
For example I can show that I have certain saved money from my bank account?
Sorry for long msg!
July 3, 2017 at 21:49
1. Wait and see is the only sensible answer.
July 4, 2017 at 09:38
Dear Dv winners from 6 affected countries.
join to the below petition and sign it , hope they hear our voice.
July 6, 2017 at 13:36
Im one of affected country dv lootry 2017 in ap and my sister have valid visa …i ask about my chance to exempt and what can i do
July 6, 2017 at 22:46
Just having a visa is nothing. But if your siste resides in the USA at the moment that might help your case be exempt.
July 8, 2017 at 02:43
I am somali dv 2018 somali winner my petitioner is my sister but our names are some how different as it written on our documents e.g my name is “CUMAR HASAN MOHOMED” and her name is “LUUL HASSAN MUHUMED”
1. like this different can be considerable
2.if not how i can proof
3.in general how they can knew the people have bone reshanship
July 8, 2017 at 08:35
It is very important that the DS260 is submitted with the correct legal name. That name should match the passport and usually, the birth cert. Those documents will be the proof.
A Bona fide relationship (for getting round the ban) means a close family relationship with someone living in the USA. You either have that or you don’t.
July 9, 2017 at 18:26
Our names are typically like this
my name is“CUMAR HASAN MOHOMED”
Her name is “LUUL HASSAN MUHUMED”
1.Am i have chanice to be exempt from the ban
2.How i can say my petitioner is my sister
July 9, 2017 at 21:04
If your sister is a US resident, then that might be an acceptable relationship.
July 8, 2017 at 08:41
I live in america since january 2017
My brother’s wife (my sister in law) get the chance to win dv lottery and she is the principal
But my brother is derivetive
Now we sumbmitted Ds260 but the sponser is some one else is our brother in law (i scared to be his sponser because i am new to america and have only green card ) so the questions is
1. Can i be their sponser means is that a bona-fide relationship and its good for them to qualify?
2. I am his brother with the same mother and father so would you suggest me to sopnser them (note: he is not a pricipal applicant)?
July 8, 2017 at 08:57
1. You are confusing terms. Being a sponsor is a separate thing to proving a bona fide relationship.
2. You are a bona fide relationship that would get around the ban. Whether you can be a sponsor or not depends on your income.
July 10, 2017 at 05:55
Am a selectee from one of the travel ban countries and unfortunately I don’t have any bon fida family in the USA (Only cousin who is non American and works in the United Nations).
My question is if I want to lift the travel ban from my shoulder can I do the following
1. apply for a university degree and get my acceptance before December (Tentative date for my interview)
2. find a work offer from a US company and get the papers ready before December.
3. I have a friend who proposed a joint partnership with his existing company in Houston (Texas). He offered me this partnership a few month ago ( I have emails to prove this) but I am waiting for him to travel to our country in August in order to finalize the paperwork and deal). Will this serve as a relationship or will they say that it was done after the travel ban was announced.
Awaiting your reply.
July 10, 2017 at 06:35
1. No – the relationship had to exist already when the ban came into force.
2. No – same reason as 1.
3. Risky – again they will say you are creating the relationship because of the ban.
July 10, 2017 at 06:42
Can I do the partnership as backdated then ?? may time when we first communicated the offer of partnership
July 10, 2017 at 06:44
That would be lying – wouldn’t it.
July 10, 2017 at 06:56
I personally don’t wonna do that, but my friend suggested this as a way to waive the ban restriction. especially because it was agreed before (back in April/May). thanks Simmon
July 10, 2017 at 20:06
My husband is the DV lottery winner of 2017, affected by the ban. However the point is that AP of his case was completed prior to this ban, Jun 20th. (We were asked to send the passport)
My question is that can we refer to the exemption paragraph 10.g? This states ‘any applicants who has a document other than visa which permits him to travel to US’.
July 10, 2017 at 21:27
So what other document do you have?
July 11, 2017 at 05:07
The embassy email which includes the Processing Completed status. And it clearly states he was eligible for visa issuance/traveling prior to effective date of E.O.
July 11, 2017 at 06:28
1. Always click reply – so I know what message you are talking about.
2. THe email is not the type of document they mean.
July 11, 2017 at 11:21
Thanks for your prompt response. Sorry for inconvenience.
What if we seek for a job offer or educational admission? Is it sufficient for eligibility?
July 11, 2017 at 22:28
I think the embassy would want to see that existed BEFORE the ban
July 12, 2017 at 04:32
So there’s nothing we can do with that…right?
July 12, 2017 at 06:26
July 11, 2017 at 19:53
So then is the 7450 the final cut off for country Nepal
July 11, 2017 at 22:16
July 14, 2017 at 09:12
Dear Brit, again federal judge allowed other close relatives to travel so how can we tell the embasy that we have close family ? Knowing that I am AP and mentioned my afidavit that my cousin is there? Thanks
July 14, 2017 at 12:33
A cousin is not close enough.
July 14, 2017 at 16:30
I am getting some information stating that the close family relationship was further extended to involve “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States” will now count as sufficiently close family relationships to gain entry into the country.
can you please give us more details we are so absent about the ban in the first place but if this becomes true many of us will be excluded this travel ban.
July 14, 2017 at 16:31
July 14, 2017 at 17:28
You are getting very optimistic information. The latest news concerns grandparents, not cousins.
July 14, 2017 at 18:48
yeah I am optimistic indeed.
Watson ordered Homeland Security and the State Department not to enforce the ban on “grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States”.
this is according to many sources including:
July 14, 2017 at 19:52
We have to wait and see how DHS treat the ruling.
July 14, 2017 at 20:59
it is official now
July 14, 2017 at 21:02
Great news indeed!
July 14, 2017 at 17:06
Hi brit. im from africa.my brother was selelected in DV 2000 and now he is an américain Citizen .i look for the easy way to follow him .can you Help me plz . Thankx
July 14, 2017 at 17:25
I only answer questions about DV lottery.
July 15, 2017 at 07:30
I am from on of the six afficted countries, and holla for me i have an uncle there. Please, can you inform me how can i provide an approve of relationship for my interview.
July 15, 2017 at 07:52
You will probably have to prove the relationship through birth certificates etc.
July 15, 2017 at 09:32
Dear brit, now that you have realized that cousin is well enough. Then the state departnent limitted cousins to 1st cousin . So what does that mean? Cousins can some times have fathers with some mother or both . What can be the translation? On the other hand when you have already been interviewed how will you prove the embasy that you are qualified? Do i email them or wait unless they check my papers and decide their own ? Thanks
July 15, 2017 at 12:03
You have to PROVE the relationship by birth certificates.
A first cousin is the child of YOUR Uncle/Aunt. So – you will have to show official documentation (birth certs) to show that relationship. So – in practice, it might be difficult to prove.
July 16, 2017 at 06:04
Thanks Brit, very confusing to prove, because in our invironment you may not get a birth certificate of your parents, we are very worried if we are APs. the last hope we have the last one day or 2 days of september as you told us. so my question is do we have any other option to survive? since we are not responsible the expiration of our chance is there any agencies we can tell our matters? what is you reccomendation to us since you had helped us a lot ?
Thank you brit. even if we luck our chance, we will remember you for your brillient advice
July 16, 2017 at 09:01
I don’t know of other options. I don’t know what is going to happen. This is all new, and unpredictable.