On June 29, 2017, the U.S. Department of State sent out a cable, explaining how the US consulates will continue issuing (or denying) various visas to applicants from 6 predominantly Muslim countries, affected by the Executive Order's Travel Ban (Libya, Syria, Iran, Somalia, Yemen and Sudan).
People who were selected as winners in the 2017 DV Lottery or Green Card Lottery appear to be in the worst situation. Only some of them will be issued immigrant DV visas, if they can prove required "bona fide relationship" or qualify for en exemption or a waiver. The 2017 DV Lottery period will end on September 30, 2017, and the travel ban effective period of 90 days will end on or around September 29, 2017.
It's anticipated even by the US Department of State officials that the majority of the otherwise eligible applicants who paid the visa fee, attended their visa interviews will be denied a visa under 221(g) in accordance with the president's executive order and its most recent interpretation by the U.S. Supreme Court and U.S. Department of State.
The US DoS says in the cable: "Based on the Department’s experience with the DV program , we anticipate that very few DV applicants are likely to be exempt from the E.O.’s suspension of
entry or to qualify for a waiver."
The full text of the U.S. Dept of State cable is here.
(SBU) Diversity Visas.
8. (SBU) For Diversity Visa (DV) applicants already scheduled for
interviews falling after the E.O. implementation date of 8:00 p.m. EDTJune
29, 2017, post should interview the applicants. Posts
should interview applicants following these procedures:
a.) Officers should first determine whether the applicant is eligible for the
DV, without regard to the E.O. If the applicant is not eligible, the
application should be refused according to standard procedures.
b.) If an applicant is found otherwise eligible, the consular officer will need
to determine during the interview whether the applicant is exempt from the
E.O.’s suspension of entry provision (see paragraphs 10-13), and if not,
whether the applicant qualifies for a waiver (paragraphs 14 and 15).
c.) DV applicants who are not exempt from the E.O.’s suspension of entry
provision and who do not qualify for a waiver should be refused 221(g) and the
consular officer should request an advisory opinion from VO/L/A following
current guidance in 9 FAM 304.3-1.
Based on the Department’s experience with the DV program, we anticipate that
very few DV applicants are likely to be exempt from the E.O.’s suspension of
entry or to qualify for a waiver. CA will notify DV applicants from the
affected nationalities with scheduled interviews of the additional criteria to
allow the potential applicants to determine whether they wish to pursue their
application.
9. (SBU) The Kentucky Consular Center (KCC) will continue to schedule
additional DV-2017 appointments for cases in which the principal applicant is
from one of these six nationalities. While the Department is mindful of
the requirement to issue Diversity Visas prior to the end of the Fiscal
Year on September 30, direction and
guidance to resume normal processing of visas following the 90-day suspension
will be sent septel.
Executive order's suspension (or travel ban) to be enforced only against foreign
nationals who lack a “bona fide relationship with a person or entity in the
United States.”
What does it take, for example, to establish that a DV visa applicant has required "bona fide relationsip" with a family member in the United States?
"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. 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."
See more here.
People who were selected as winners in the 2017 DV Lottery or Green Card Lottery appear to be in the worst situation. Only some of them will be issued immigrant DV visas, if they can prove required "bona fide relationship" or qualify for en exemption or a waiver. The 2017 DV Lottery period will end on September 30, 2017, and the travel ban effective period of 90 days will end on or around September 29, 2017.
It's anticipated even by the US Department of State officials that the majority of the otherwise eligible applicants who paid the visa fee, attended their visa interviews will be denied a visa under 221(g) in accordance with the president's executive order and its most recent interpretation by the U.S. Supreme Court and U.S. Department of State.
The US DoS says in the cable: "Based on the Department’s experience with the DV program , we anticipate that very few DV applicants are likely to be exempt from the E.O.’s suspension of
entry or to qualify for a waiver."
The full text of the U.S. Dept of State cable is here.
(SBU) Diversity Visas.
8. (SBU) For Diversity Visa (DV) applicants already scheduled for
interviews falling after the E.O. implementation date of 8:00 p.m. EDTJune
29, 2017, post should interview the applicants. Posts
should interview applicants following these procedures:
a.) Officers should first determine whether the applicant is eligible for the
DV, without regard to the E.O. If the applicant is not eligible, the
application should be refused according to standard procedures.
b.) If an applicant is found otherwise eligible, the consular officer will need
to determine during the interview whether the applicant is exempt from the
E.O.’s suspension of entry provision (see paragraphs 10-13), and if not,
whether the applicant qualifies for a waiver (paragraphs 14 and 15).
c.) DV applicants who are not exempt from the E.O.’s suspension of entry
provision and who do not qualify for a waiver should be refused 221(g) and the
consular officer should request an advisory opinion from VO/L/A following
current guidance in 9 FAM 304.3-1.
Based on the Department’s experience with the DV program, we anticipate that
very few DV applicants are likely to be exempt from the E.O.’s suspension of
entry or to qualify for a waiver. CA will notify DV applicants from the
affected nationalities with scheduled interviews of the additional criteria to
allow the potential applicants to determine whether they wish to pursue their
application.
9. (SBU) The Kentucky Consular Center (KCC) will continue to schedule
additional DV-2017 appointments for cases in which the principal applicant is
from one of these six nationalities. While the Department is mindful of
the requirement to issue Diversity Visas prior to the end of the Fiscal
Year on September 30, direction and
guidance to resume normal processing of visas following the 90-day suspension
will be sent septel.
Executive order's suspension (or travel ban) to be enforced only against foreign
nationals who lack a “bona fide relationship with a person or entity in the
United States.”
What does it take, for example, to establish that a DV visa applicant has required "bona fide relationsip" with a family member in the United States?
"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. 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."
See more here.
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