Department of State updates instructions for Immigrant Visa Applicants who were refused under Presidential Proclamations 9645 or 9983

The United States Department of State has provided updated instructions on immigrant and nonimmigrant visa processing after the rescission of Presidential Proclamations 9645 and 9983.  These Trump-era Proclamations temporarily suspended entry into the United States of certain nationals, depending on visa type, who were from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

The updated instructions provide the following guidance:

• If you applied for an Immigrant visa and you were previously refused under PP. 9645 or 9983 and you did not qualify for a waiver before January 20, 2020, you may reapply for a visa by submitting a new DS-260 visa application and paying the new visa application processing fee.

• As an alternative, you may request that your local embassy or consulate reconsider your  case within one year of the date of your waiver refusal. 

• If your Immigrant visa application was refused under PP. 9645 or 9983 and your eligibility for a waiver was still being evaluated as of January 20, 2021, then you will continue to have your application processed.

Embassies and consulates are prioritizing the adjudication of applications of all individuals who were waiting for a decision on their PP. 9645 or 9983 waiver process as of January 20, 2021.

If you have questions about this post or would like to discuss your case, contact U.S. Immigration Lawyer Sean D. Hummel to schedule a consultation (954) 385-3111 or sean@hummelaw.com.