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.
July 16, 2017 at 05:48
will a direct first degree cousin who works in the UNITED NATIONs in the USA and who is British in Nationality serve as a bone fide relationship for me or it has to be real American citizen or green card holder.
Also, if another cousin used to live in the USA but moved back to Sudan two weeks ago, serve as a bone fide relationship (She has the American nationality). Her husband still lives there with a valid address .
Thanks in advance
July 16, 2017 at 09:02
THe first option would probably work if you can prove the relationship.
July 16, 2017 at 15:24
Hi Simon and thanks for your answers to our questions.
my question is how can I prove the relationship? what document are needed ?
for example is the passport enough to compare the names and prove relationship?
July 17, 2017 at 05:16
Passports are not enough. Birth certs.
July 16, 2017 at 16:06
What about the expansion of family relations Hawaii last Friday??
July 17, 2017 at 05:13
Read the update above.
July 17, 2017 at 06:40
Husband of my sister included in new exemption or not
July 17, 2017 at 09:24
Read the article.
July 17, 2017 at 19:42
I read many time but i not understand thes point
July 17, 2017 at 21:44
what is the extra document do i needed to verify for my expansion of family relations if me and my sponsor names are some words diffrent written procedure on our birth certificates and passports
July 18, 2017 at 13:15
I don’t understand the question
July 18, 2017 at 04:50
Dear Brit, my sponser is my cousin whose our both fathers are brothers according to the mother but different father is there a problem with this .on the other hand how do we both notify to consular since i am AP in 78 days ? Did you find any solution to this as i know you are further seeking informations ? Thanks
July 18, 2017 at 12:50
Make yourself clear. You seem to be saying the relation hinges of what the mother “says”, as opposed to documentation (birth certs).
July 18, 2017 at 13:43
I didnt understand brit . May you classify as i am poor in the languagr?
July 18, 2017 at 14:06
If you are attempting to seek an exemption from the travel ban based on a family relationship, I believe they will want to see evidence of that family relationship – which would be birth certificates that clearly establish the family link.
July 18, 2017 at 16:37
Thanks. Now i have understood. It is very diffiult to get their birth certificate because both our fathers and our grand mothers are not a live . The best evidence is to ask our mothers and other relatives what they now about them . If we find that truth can we make the documet and show them when instructed?
July 18, 2017 at 19:38
That would rely on statements from people – not official sources, so I would not be surprised if the embassy does not accept that as “proof”.
July 19, 2017 at 13:34
should the sponsor must be the person the immigrant have close familiar relationship with? or a friend can sponsor him/her but they have to still bring that close familiar relationship?
for me.. I have my cousin in USA but she is not able to sponsor me as she is not working or having good saving. but I have my second level aunt who is working and ready to sponsor me….
plz clarified this issue.
July 19, 2017 at 13:59
They are two separate issues – so can be two people.
July 20, 2017 at 05:43
A friend of mine was the selectee for this DV program, however her husband (not the main applicant i.e. derivative ) has a direct cousin who lives in the states.
her question is will his cousin serve as a bon fide relationship to them or it has to be a cousin for the main applicant.
Awaiting for the reply and thanks for your continuous help.
July 20, 2017 at 13:19
July 21, 2017 at 03:25
If a principal visa applicant has a relation ship in USA . does that enough for derivative or not?
July 21, 2017 at 04:19
I don’t understand the question.
July 21, 2017 at 12:12
I mean if the main dv winner prove the relationship withe a person in US, is that enough for other beneficiary (wife – children) or every one will be asked to prove that
July 21, 2017 at 12:33
It is all based ion the principal selectee.
July 21, 2017 at 14:22
I am DV 2018 selectee, perhaps the travel ban could be extended, so my question is if my cousin in US could qualify a bon fide relationship for me?
July 21, 2017 at 14:24
That is what the article above says….
July 21, 2017 at 16:48
Didn’t know you updated the article!
July 24, 2017 at 13:15
i am the main applicant DV 2018 from one of the banned countries
Is a bone fide” of an uncle which is a US passport holder but not living at the moment in the US exempt me ?
July 24, 2017 at 13:22
I don’t think so.
July 25, 2017 at 12:07
The document we sent to empassy to be exempt should be original or photocopy
July 25, 2017 at 13:39
At the interview you are to present originals and photocopies. The instructions detail that!
July 25, 2017 at 18:59
I mean after interview and during ap if i need to send the document of my close family to be exempt i send the originals or photocopies
July 26, 2017 at 18:35
You can try that if you want. The reality is that this has never happened before – so there are no standard procedures. Your guess is as good as mine – so you need to decide what to do in YOUR case.
July 27, 2017 at 06:22
i’m one of the selectees of the 2016’s and we had our interview in May and went into AP status.
i’m From Iran and the ban made it clear i have to have a close relationship with someone within the US which originally did not include Aunts and Uncles.
but with the Hawaiian court’s addition to the Ban aunts and uncles are counting as a close relationship.
so here’s my question:
>>when i get cleared if i ever get cleared what exactly should i show to the embassy to prove that i am in fact my aunt’s nephew.
does that include birth certificates or what. please help me with some leads.
thanks in advance, i already got massive help from your website specially for the Support documents required.
July 27, 2017 at 08:58
Yes you would have to show birth certificates that clearly prove the relationship.
July 27, 2017 at 10:04
Dear Brit Simon if your Sponsor is not a close family and already submitted your DS260 Form but your aunt is in USA should i change the Sponsor and contact KCC or bring the documents of my aunts relationship at the date of Interview . Thank you so much indeed .
July 27, 2017 at 14:38
THe sponsor does not have to be with the aunt/close relationship.
July 27, 2017 at 15:13
if i sumbitted the form DS260 and my Sponsor is not a close family should i change the Sponsor and request to Unlock the from
July 28, 2017 at 23:49
What if a first degree cousin with an American passport is not living in the USA? Am I still eligible to be excluded from the bank?
July 29, 2017 at 00:56
I don’t know.
July 31, 2017 at 15:37
My brother receive the dv visa and travel to usa before one month and i have dv interview next week and im from one of affected country and i ask if the admitted page or stamp of admission in his passport in addition to birth certificate enough to be exempt from EO
July 31, 2017 at 16:30
There are no standard procedures regarding the EO yet. So – prepare as well as you can.
August 26, 2017 at 20:29
I have read your comment on the Travel ban terms.
But there is this new sanction against 4 country for refusing deportation.
Cambodia, Eritrea, Guinea and Sierra Leone.
1-Do you think that the dv2018 process in those countries will be affected by this sanction?
2- could those having another nationality process suceesfully their cases?
August 26, 2017 at 20:45
1. I don’t know.
September 3, 2017 at 10:44
I am a dv 2017 winner and i have gone for interview since may 2017 . i am under AP since then and September 30th is fast approaching . i am worried if am going to get a visa. But uptil now i did not received any message from the embassy either in writing or verbal communication.. But the normally change my CEAC status date. please help me to answer the below questions?
1. Can you please guide me what to do after 90 days in administrative process for under DV program?
2.If a selectee have undergo more 90 days administrative process after interview , is there a possibility of issue or denial ? .
3. What method will the embassy use to inform me about my visa denial after 90 days under administrative process.?
4. It is possible for me to get the VISA before the deadline close
5. Should i be hopeful that , Am going to get the visa after i have spend more than 90 days under AP
September 3, 2017 at 13:10
1. Wait. That’s all you can do.
3. It varies – they contact you.
4. Both outcomes are possible until 30th September.
5. The length of AP doesn’t improve or reduce your chance.
September 7, 2017 at 07:17
Hi Brit. Really appreciate your grate contribution. Could travel ban be extended? And if could how long could it be last?
September 7, 2017 at 13:37
Yes, but I don’t want to guess the details.
September 11, 2017 at 12:57
Hi brit ,
I am from the countries of travel ban , I have my nephew in USA with his mother and his age is about 3 yrs, can I prove relationship to him or I can’t benefit from him ???
September 11, 2017 at 14:12
September 12, 2017 at 10:43
And what about his mother , can it help by proving relationship to her ?
September 12, 2017 at 12:56
You have to explain the relationship – so yes.
September 14, 2017 at 10:33
Hello Mr brit thanks for your helping us my question is when I was submitting ds260 I filled the form my maternal uncle as my sponsor so is that possible as bona fide relationship
September 14, 2017 at 13:01
September 14, 2017 at 13:21
Dear Brit, may I get your especial email as to discuss with you an important news, please send your email to me my email which is XXXXX thanks
September 14, 2017 at 20:16
Hi. Brit Simon i appreciate your regular help so m question is , i submitted my DS260 form in June 13 so the form is absent 3 months from now and my Case is AF12XXX, i fill the Sponsor field with my second cousin because the travel ban at that time wasn’t in effect after a lot of effort and hard work i found the address of my first cousin so now should i request Unlock to change the Sponsor or leave it as it is and bring the document of relationship of my first Cousin to the Interview. Thanks, i look forward to hear from you soon.
September 15, 2017 at 02:12
It’s your choice.
September 15, 2017 at 12:22
you mean I can do both options , so can it affect my case
December 8, 2017 at 21:53
Im from Syria and live in UAE
I win in the lottery and my interview in the embassy was on 6 Nov 2017 and I got the visa when the ban was temporrary stopped but I still in UAE
My question is am I involved in the ban now?
Note: I will travel to USA in Feb 2018.
I appreciate your help
December 8, 2017 at 23:23
No, your visa is valid.
December 12, 2017 at 09:21
Mr Simon, my uncle -my father’s brother- is an American but has a different last name than ours.. How can I prove that?
December 12, 2017 at 14:46
Birth certificates. However, the bona fide relationship is no longer an exception to the travel ban, if that is why you are asking.
December 13, 2017 at 11:20
Does this mean that even if I have a bona fide family relationship with a US resident, and I’m from those 6 banned countries, I won’t get an interview and I won’t have a Visa?
December 13, 2017 at 14:51
At this time you can be interviewed but cannot be given a visa.
December 14, 2017 at 03:55
Thanks allot sir, you’ve been very helpful
May 7, 2018 at 02:58
Hi dear Brit.
We had interview on May03 in Montreal and we are from banned countries.
So my husband is main applicant and he has Canadian passport and he got the Visa but me I have PR and didn’t get the visa and I’ll get my Canadian citizen ship in 3 or 4 months.
Officer told me I should fill the DS-5535 and use waiver.
1- I sent DS-5535 in Feb2018 for my visitor visa (Vancouver consulate), if clearance comes and they issue the visitor visa, can Montreal consulate use it for DV visa too?
2-If I get my Canadian citizenship in 3 or 4 months, can they issue my visa like as my husband?
3-We will be separate and divorce soon, is it can make problem for my visa when I’m Canadian?
Thanks so much to help people here.
May 7, 2018 at 14:29
You are unclear in your position, and I cannot answer these specifics. Question 3 makes me question your honesty.
Perhaps you need a lawyer.
May 24, 2018 at 12:09
I had my interview on April 3rd, but as a Syrian my visa was refused.
However during the interview I told the officer that I applied for Sudanese citizenship after travel ban three and it will be ready almost after one month so he told me to contact the embassy when the citizenship is ready so they can reconsider my case, but he didn’t give me any letter, and my status on ceac changed to refused.
After I get my new passport I contact the embassy, they replied to drop the required documents in the Immigrant Visa Box outside the Consular section gate!!!
Since I didn’t get any specific letter abut the documents,I used the embassy instruction file and dropped the originals including the passport.
My status still refused but the last update changed to May 14 (the day I dropped the documents), and then 17 until now.
I emailed them but no response.
1- if the refusal is the final decision will they contact me to go and collect my papers?
2- and if it is not, when should I contact them( I don’t want to send to many emails).
May 24, 2018 at 12:15
They kept documents in the interview I only dropped my new documents.
May 24, 2018 at 14:05
1. At some point, I assume so.
2. Your decision.
June 26, 2018 at 09:51
Today my case has changed to READY again … is this a good sign or it does not matter?
June 26, 2018 at 14:42
June 26, 2018 at 18:47
The ONLY update that matters is the one that shows issued. NOTHING ELSE signifies anything at all.
June 27, 2018 at 08:13
Issued!!!!!! Is it possible that the supreme Court decisions to affect me?
June 27, 2018 at 15:06
June 27, 2018 at 08:48
My question is that the supreme Court decision only allowed the travel ban 3 to continue into effect , nothing has changed meaning my Syrian nationality will not affect my entrance to the US, at least until now, unless new instructions is implemented before my entrance.
Is this right?
June 27, 2018 at 15:08
The ban has been in force for months. So, if you have a valid visa, then you were not subject to the ban.
June 2, 2018 at 06:37
I read the article and I have a question, will the visas of the candidates who were disqualified because of the ban will go to their regions or will be given also to other regions.
June 2, 2018 at 12:48
First to their own regions, and then unused visas can be distributed to other regions later.
June 16, 2018 at 04:33
I saw the visas issued are around Totals:30758 at DV2018 CEAC Data at the moment.
Is this number updated or can be much more then this number issued?
June 16, 2018 at 04:37
That’s about right
June 27, 2018 at 17:27
I hope my message finds you well.
I am from one of the countries that has been effected by the ban disicion :(.
I just wanted to double check with you, you said in your artical that the ‘ “in law” relationships definition has been widened to include ” grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts and uncles, nephews and nieces, and cousins”’. But when I read the blog you have included above it says the contrary; as it stated in point number (11) that ‘ “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. This includes step relationships. “Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, fiancés, and any other “extended” family members.’ (this is the link to the blog\source: https://www.lawfareblog.com/state-department-cable-implementing-travel-ban-executive-order)
I am a bit confused here. My interview is forthcoming and my husband is the one who won the DV lottery and the only relationship we have in resident in the US is my sister (who is a sister-in-law to my husband).
My question is are we eligible to apply for the DV with our case?
June 27, 2018 at 21:17
There is confusion with documents on the web because there have been 3 versions of the travel ban, as well as court ordered changes about bona fide relationships. The link you posted was about travel ban 2.0.
However, the version of the ban in force now only allows very close ties, (spouses, parents, children under 21). My understanding is that your relationship with your sister in law does not help you (your husband) overcome the ban.
June 27, 2018 at 21:29
Thank you for your reply much appreciated.
If you were in our position would you go a head and attend the interview?
June 27, 2018 at 22:24
No – it would just be a waste of time and money.
July 4, 2018 at 09:14
Good Monring again.
July 25, 2018 at 04:11
Drug abuse ban?
July 25, 2018 at 05:54
July 27, 2018 at 08:15
I mailed my Canadian passport to Montreal 2 week ago and I’m still under Administrative process.My file updated it couple time in last week but they didn’t issue the visa yet.
Do you think I’m as country ban with duel citizen(Iranian-Canadian) they check my file more then normal?
Please tell me what do I should to do?
My wife got the visa in 5 days after interview.
July 27, 2018 at 14:13
Contact the embassy.
July 28, 2018 at 05:22
I did and they sent me an Email with this text:
“We acknowledge receipt of your e-mail and the passport you have provided.
This case is currently under review with a consular officer. As soon as the review is complete, the Visa Unit will advise of the next in order to continue processing the case.”
What do you think?
July 28, 2018 at 13:20
Now you wait. I don’t know how long that will take.
August 21, 2018 at 06:07
Hi dear Brit.
I’m still waiting and noting heard from Montreal consult.
The officer who check the Emails, always copy/paste the answer and sent:
” Your case is currently under administrative processing. As soon as the administrative processing is complete, the Visa Unit will advise of the next steps to continue processing the case.”
You know Canadian duel citizen has exception for banned country.I can travel to US without visa.
My wife said she wants to move to US without me if my visa not coming and can happen separation for our family.
Do you think lawyer can help me or do I should write a letter to US ambassador in Canada to help me?
Please help me.
August 21, 2018 at 13:19
Your AP is not finished. You might not have time before the end of the year – but in any case they will not proceed further until your AP is finished. A lawyer cannot help with that.
November 20, 2018 at 18:49
I am from Sudan, and I got selected for 2019
my case number is 2019AF31XXX
In your post, i see that you have listed Sudan in the banned countries, I read that Sudan was dropped from the banned countries.
Can you update the post to inform people that Sudan was dropped from the ban list?
November 20, 2018 at 18:51
The post above was published in June 2017 – I don’t go back and change old posts, and I have written other later posts clarifying the updates to the ban.
November 23, 2018 at 12:14
Kindly assist with the link for the most current I-134 form. I have downloaded one but it shows expiration date (30-November-2018) at the top.
1. what is the best time for the sponsor to fill in this form?
Thanks for your usual supports.
November 23, 2018 at 20:42
Use that form.
1. Just before the interview.
November 24, 2018 at 17:59
My friend have been selected in DV2019, but he is from banned countries .
but he can get f1 visa
if he get F1 visa and arrived to usa , could he complete process to get dv visa and then green card
i hope to answer my Q
November 25, 2018 at 05:07
No. That is against the rules.
January 17, 2019 at 12:26
hi Brit, if some one is from banned countries and won the dv, but got another citizenship, can he eligible to get IV?
January 17, 2019 at 14:38
January 17, 2019 at 15:11
thanks, i mean, i have applied dv by original nationality, and won the dv, at this situation can i use another citizenship to get IV?
January 17, 2019 at 17:01
You did NOT apply by nationality – you apply according to your country of birth. People born in banned countries can get an IV IF they are travelling on a second citizenship/passport.
February 12, 2019 at 17:08
Hi Brit, please my name is Osei Emmanuel Annor but on my Senior High school certificate it was arranged as Osei Annor Emmanuel. Do i need affidavits and gazzette? or i should just correct the name in the ds260? And i heard i should use the Original name Osei Emmanuel Annor to make my passport. How true is that? And I want to know if you don’t have to make any changes with the initial details you used for the lottery such as; name, date of birth, place of birth? How true is that? I am asking this particular question for future circumstances. Thank You
February 12, 2019 at 17:23
You have one correct legal name. That name should be on your birth cert and passports, and that is the name that should be in the DS260. If the name in the education cert doesn’t match that, you may need to show the CO that it is YOUR education document.
April 2, 2019 at 16:28
Mr Simon, do you have any info about any Yemeni who got a DV in 2018, and was able to travel, even after the travel ban?
June 18, 2019 at 17:52
Hi britsimon i won the dv lottery 2020 and i’m from one of the travel baned countries i had recently applied for a second citizenship from another not baned country so my qouestion is when i get the another passport do i need the police clearance certificate for that country.
June 18, 2019 at 19:44
If you have lived there – yes. Read the instructions.
September 16, 2019 at 12:12
hi brit. i’m from iran and i won the lottery. my question is if i buy a second passport from countries like dominica, and take it with me to my interview can i pass the travel ban? i already sent ds260 with my iran passport. does it help? or should i go with waiver and job offer from us?
September 16, 2019 at 17:23
Having a second citizenship is more likely to succeed than a waiver.
September 18, 2019 at 13:08
thank u. but my real question is that if i buy passport from dominica for me and my wife, will we be exempted from the travel ban? my wife is an educated person and has 30 years of work experience as high school teacher and manager, and her uncle is in usa for 30 years and he is a professional, inventor, creditable and wealthy person.since the dominican passport is very expensive, i wanna know if our case stand a chance with it? do u recommend this? how is the possibility to succeed? and again will we be exempted?
thank u so much again
September 18, 2019 at 16:02
I don’t like the way you are saying “buy a passport” – it is about having a second nationality. But again – that is a defined ban exception – so what is your confusion?
September 18, 2019 at 13:49
Africa stacked around 5k even at the second month of the journey
I dont knw what ix wrong
I was expecting a little bit high speed coz there are more whole numbers
Af 5600 except egypt being 3000
As 3500 except iran 1450 n nepal 3100
September 21, 2019 at 17:31
Hello Brit I’m the winner of dv2020 from nepal n my case no is 78** my wife got pregnant this month on(September2019)will it be any problem to issue or refusal of visa.??
September 22, 2019 at 00:28
October 4, 2019 at 13:27
Hello Sir first I would like to thank your effort for helping to entry U.S lottery, my question is about, I was born in Libya but my nationality and parents nationality is Sudanese, Can I choice Sudan as eligible country instead of Libya. Thank you
October 4, 2019 at 22:30