The U.S. State Department has completed a 45-day policy review on the denial of visas based on Proclamations 9645 or 9983. The Department has issued a report proposing how to address these visa applications following President Biden’s signed Proclamation 10141, “Ending Discriminatory Bans on Entry to the United States”, which effectively eliminated the ‘Muslim ban.’

The State Department will no longer deny visas to applicants from 13 specific countries, as named in the Trump Administration proclamations 9645 and 9983 based on nationality. The State Department issued a press release announcing the release of the report on March 8, 2021.

Per the report, the State Department visa applicants who received a final refusal on or after January 20, 2020 may seek re-adjudication without resubmitting their application forms or paying any additional fees, provided the underlying visa petitions remain valid.

For those applicants that received a final refusal prior to the January 20, 2020 date, they are welcome to reapply.

“The department explored every possible avenue under the law for providing relief to affected individuals,” Price said.

However, Price said the department’s hands were tied with regards to applicants for the diversity visa program, also called the green card lottery, who were denied during the Trump administration.

“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,” he said.

If you have questions about your visa application or any immigration questions, contact our attorneys at ILBSG. We work with you to ensure you get the right advice.

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