Updated on 17.09.2024

Class Members against PP 9645 visa refusals

A US court has upheld a class action brought by people who were refused a US visa on the basis of Presidential Proclamation 9645. They can submit a new visa application once free of charge and receive preferential visa appointments.

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What did PP 9645 contain?

The highly controversial Presidential Proclamation 9645 "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats" was initiated by former US President Donald Trump in 2017 and excluded nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen from receiving US nonimmigrant visas and US immigrant visas. In early 2021, US President Joe Biden revoked this Presidential Proclamation 9645 (among other PPs proclaimed by Trump).

Who benefits from the court ruling?

Nationals from Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen who were denied a US visa (nonimmigrant or immigrant) under PP 9645 between December 8, 2017 and January 20, 2021 benefit from the court decision.

A US District Court in California has ordered that as of August 2, 2024, they can apply once for a new visa for any nonimmigrant or immigrant visa at any US embassy or US consulate on a priority basis and without paying a new fee.

This is only possible under the following conditions:

no new online application DS-160 or DS-260 has been submitted since the previous visa application or
a new DS-160 or DS-260 form has been submitted, but the interview appointment has not yet been attended.

The group of people who qualify is called Class Members or Emami Class Members. Only these benefit from the court's order.

The following groups of people cannot make use of the court ruling:

persons who have been refused a diversity visa application (Green Card Lottery) under PP 9645
persons who were granted a US visa in the course of a waiver application procedure even though PP 9645 was in force
persons who have received a US visa since January 20, 2021 (US nonimmigrant visa or US immigrant visa)
persons who have submitted a new visa application since January 20, 2021, including the interview appointment, and whose visa application was rejected in accordance with INA 221(g)

If the application documents show that the person in question meets the definition of a class member, they can apply for a visa free of charge.

Effects on the application process

1. Nonimmigrant Visas

Authorized persons can indicate that they are a member of the Emami group when submitting their application (by e-mail or web-based form). This differs depending on the responsible US authority worldwide. Most consular missions now provide information for applicants on their websites.

If you contact the US authorities to arrange an interview appointment, you should mark your request as an "Emami Class Membership Verification Request" or select "Class Members" in your online profile.

Please also have the following information ready, which is contained in your visa application rejected under PP 9645:

your family name (or surname),
your first name,
your date of birth,
the name of the city in which your previous application was submitted and
the desired visa category (e.g. B-1 / B-2 or F-1).

Additional information such as nationality, passport number, gender, place of birth, application ID of the DS-160 barcode sheet from your previous application, e-mail of the person requesting the fee credit is helpful (if available).

If you are verified as an Emami class member, you will receive a fee waiver or credit at most US embassies and US consulates, which you can use to make an appointment to meet with a US consular officer.

The credit should generally be used within 365 days to make an appointment. However, the appointment can take place outside the 365-day period if the appointment is rescheduled in good time.

On the day of your visa interview, you will be interviewed by a US consular officer. They will decide on your application regardless of your previous refusal in accordance with PP 9645.

2. US Immigrant Visas

Applicants whose US immigrant visa applications have been denied under PP 9645 may resume the immigrant visa application process with the US agency where they were previously denied without paying a new fee or with a one-time waiver of current consular fees for immigrant visas.

When contacting the US embassy or US consulate, indicate that it is an "Emami Class Membership Verification Request". This is usually done via the required online profile.

3. Change from US nonimmigrant visa to US immigrant visa

Class members who were previously denied a US nonimmigrant visa under PP 9645 now have the opportunity to apply for an immigrant visa if they meet all of the requirements to apply for a US immigrant visa.

All class members who submit a new application for a US immigrant visa must of course still go through all the regular processing steps for US immigrant visas.

Note on making appointments for nonimmigrant visas

The US State Department will prioritize appointments at the most important US embassies and US consulates for one year. This means that a small quota of visa appointments will be reserved each day for Emami class members.
Smaller US embassies or US consulates must be contacted by August 12, 2025 to apply for a visa without fees.

Conclusion

The preferential appointment or fee-free processing does not, of course, automatically guarantee approval of the US visa. In any case, the group of people mentioned must usually expect a more intensive questioning or examination of the application, and possibly also an additional security check.

Source:

https://travel.state.gov/content/travel/en/News/visas-news/emami-litigation-notice-to-class-members.html

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Date:

Updated on 17.09.2024