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.
March 12, 2020 at 17:25
Due to the travel ban from the corona virus i may not be able to enter the US and my creencard will expire the next month if i dont enter….is this an excuse so it wont expire or i am going to lose it
March 12, 2020 at 18:24
May 5, 2020 at 08:13
I am from Nigeria and among the people affected by the new immigrant travel restrictions (ban). My country was also not eligible for the 2021 Dv lottery.
However, we applied for the 2021 dv lottery while claiming chargeability to my wife’s country eligibility.
My question is this, does the immigrant travel ban on my country affect my eligiblility for DV 2021 selection?
May 5, 2020 at 23:11
June 10, 2020 at 17:04
I’m currently stuck in South Africa under what seems to be the longest lockdown, no international commercial flying available, and my flight has already been cancelled.
If I don’t return to the US by July 13th I will have stayed over 6 months. Will that be an issue when applying for naturalization and needing to list all trips made abroad? Or is it only if staying over 1 year that one might need to be concerned? I’ve tried contacting USCIS to no avail, any info you may have would be greatly appreciated it. Thanks.
June 11, 2020 at 00:46
I answered the email – but to be clear and for others, there will be an impact on naturalization, but 12 months is the deadline for entry.
June 10, 2020 at 18:33
I’m from Niger niamey ??
June 12, 2020 at 17:16
Hi Brit, Does this travel ban on Eritrea ban eritrean citizens with refugee status from getting visas?
June 12, 2020 at 21:44
June 17, 2020 at 21:48
I am a dual British Iranian citizen and my name has been selected for DV2021 (country of birth: Iran). I understand that I can be hopful to get the visa approval based on my second nationality.
I’m wondering if my wife who is a citizen of Iran only (unlike me not a dual citizen) will likely be approved for visa based on her relationship with me?
June 17, 2020 at 22:33
Well yes you could find that you are approved by she might need a waiver. On the other hand if Trump loses in November the bans will probably be removed.
June 20, 2020 at 00:35
I am a refugee from Iran, living in the Uk
I have been selected for the dv 2021, however when I filled the dv application back in October 2019, i added my UK refugee travel document details in the passport section. Recently my British citizenship application has been successful and I am now waiting for ceremonies to resume so i can get the nationality certificate through which i can apply for the British passport.
My question is that when i fill the DS 260 what passport details should i add. I called KCC regarding the uk refugee travel document and they said go ahead and add the details of it.
June 20, 2020 at 03:23
Do as KCC told you.
June 27, 2020 at 19:45
I won Dv 2021 I’m from iran and my uncle(my mother’s brother) is going to my sponsor and he has good jonn condition and good save money .in addition he has American passport .furthermore,I’m not live in Iran and I student in germmany but I do not have citizenship yet
In this case
1-can I use these condition for getting visa?!
2- if yes , how can I prove that his my Uncel?
his surname is same as my mother surname!!
Can I translate my mother birth certificate for comparing the name ?!?
What is your recommendation ?
I’m waiting to your response
June 27, 2020 at 20:57
1. Probably not.
2. If you wanted to try you would need to demosntrate the family relationship.
Honestly, I don’t think this will help you. A more likely bet is that Trump loses the election and Biden removes the bans.
July 6, 2020 at 10:07
Hope you doing well Mr Simon i would like to know i born in non ban country but my Passport is from banned countries my case number AS35XXX do i have chance sir to apply and if so what is the best time to fill ds260 than you for the knowledge you provide.
July 6, 2020 at 18:29
Your number is very high. You should delay submission until we know more about selectee numbers.
July 7, 2020 at 01:22
So Mr Simon what matter is passport nationality not the place i born right. And for the numbers sir As 35xxx does it mean that there are 35k in asia region in front of me or is it world much thanks Mr simon.
July 7, 2020 at 03:27
“So Mr Simon what matter is passport nationality not the place i born right.”
Matters to what – be clear.
July 7, 2020 at 03:33
Mr simon To the travel ban i mean my passport is from the trump banned countries but where i born is not a ban country till this date i never been to my country of nationality.
July 7, 2020 at 03:39
Then to my understanding you would not be affected by the ban
July 7, 2020 at 03:48
it is complicated situation i know again Thank you Mr Simon
July 8, 2020 at 06:16
Mr Brit from your experience my place of birth is saudia arabia which is not banned but my passport is from sudan which was banned in last feb i was doing online search most of the answer i get is the consider place of birth not the passport.May i know your opinion Mr Brit
July 8, 2020 at 20:45
That is my understanding.
December 24, 2020 at 14:57
Im 2021 winner from Sudan asking if being out of SSOT list would affect P.P 9645 ? and what can do about that should we hire a lawyar ? TIA
December 24, 2020 at 18:38
You will have to wait and see what the new President does. Having a lawyer won’t change that.