Denied Under the Muslim Ban? It’s Time to Reopen Your Case Thanks to Recent Court Victory

A recent court ruling from the U.S. District Court provides new hope for certain visa applicants previously impacted by the travel ban (Presidential Proclamation 9645, or P.P. 9645), also known as the Muslim Ban. 

The ruling, stemming from the cases Farangis Emami, et al. v. Alejandro Mayorkas, et al. and Pars Equality Center, et al. v. Antony Blinken, et al., offers eligible individuals, especially Iranians, a chance to reapply for their visas. This includes a one-time fee credit and, for some, a prioritized appointment.

Who is Eligible?
The court's decision affects individuals from the following countries who were denied visas under what has been termed the "Muslim travel ban" passed by former President Donald J. Trump between December 8, 2017, and January 20, 2021, and who did not receive a waiver:

• Iran
• Libya
• North Korea
• Somalia
• Syria
• Venezuela
• Yemen

Iranians affected by these regulations now have a clear path to reapply as "class members" eligible for relief.

Eligibility Requirement
To qualify for this opportunity, applicants must:

• Be a national of one of the countries listed above.
• Have had a visa application denied under P.P. 9645 during the specified period.
• Not have been granted a waiver under the travel ban.

Exclusions from Eligibility
Not everyone affected by travel ban/Muslim ban qualifies for this reapplication opportunity. You are NOT ELIGIBLE for relief if any of the following apply:

• Your denied application under P.P. 9645 was for a diversity visa.
• You received a waiver while P.P. 9645 was in effect.
• You have been issued a visa after January 20, 2021.
• You have made a new visa application, attended a visa interview, and received a decision (including a refusal under INA 221(g)) after January 20, 2021.

How to Apply
Starting August 12, 2024, eligible class members can begin the reapplication process. Detailed instructions will be provided by the Department of State by August 2, 2024. Potential applicants are advised to wait for these instructions to ensure they comply with the updated procedures and maximize their chances of success.

Conclusion
This landmark court order represents a pivotal moment for those affected by the travel ban, providing a renewed opportunity for Iranian families and individuals to address past visa denials. For the latest and most detailed information, refer to the​ U.S. Department of State's official notice.

For more information regarding the ban and other Iranian-related issues, you can see the U.S. virtual Embassy of Iran Frequently Asked Questions Page. 

For further guidance and to understand how this may affect your specific situation, consulting with a legal expert is advised.

Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected]. ​

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.