Rescission of Presidential Proclamations 9645 and 9983

Update March 16, 2021

As part of Biden’s Proclamation on “Ending Discriminatory Bans on Entry to the United States”, the President has directed the State Department, within 45 days, to provide a report including a proposal for individuals whose immigrant visa applications were denied due to Proclamations 9645 or 9983 and seek to have their applications reconsidered. 

The Department of State has submitted its report on March 8, 2021. In setting forth the relief below, the “Department explored every possible avenue under the law for providing relief to affected individuals.”

  • Immigrant visa applicants who received a final refusal on or after January 20, 2020 due to the Bans may seek re-adjudication without resubmitting their application forms or paying any additional fees, provided the underlying visa petitions remain valid.
  • Immigrant visa applicants who were denied prior to January 20, 2020 may also be reconsidered, but they must submit new DS 260 applications and pay a new immigrant visa application fee.

Unfortunately, winners of diversity visa during fiscal years 2017-2020 do not have any relief and will not get new visas even though they duly won the selection during those years. In total there are about 10,000 individuals from the Banned countries who won the DV Lottery but were denied visas because of the Bans. However, litigation efforts are expected.

Original post March 12, 2021

Immigrant visa applicants previously refused due to either 9645 or 9983 (Trump’s Ban) may now reapply for a visa by submitting a new visa application (DS-260) and paying a new visa application processing fee. Previously ban nationals included those from: Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

New applicants from affected countries may also apply visa applications. The resumption of routine visa services during the ongoing COVID-19 pandemic, prioritized after services to U.S. citizens, will occur on a post-by-post basis, consistent with the Department’s guidance for safely returning our workforce to Department facilities.