Reapply for US Visa Denied Under Trump’s Travel Ban

The United States is set to allow nearly 25,000 individuals from seven predominantly Muslim countries who were previously denied visas under the Trump administration's travel ban to reapply without any fees. This policy change stems from a settlement between immigrant advocacy groups and the Biden administration, approved by a federal judge in San Francisco.

Key Points of the New Visa Policy

Visa Reapplication Period

The U.S. will accept new nonimmigrant and immigrant visa applications for 365 days. This offers a significant window for those previously affected to reapply.

Fee Credits and Consular Appointments

Applicants will receive fee credits and be scheduled for consular appointments. This move aims to streamline the reapplication process and reduce financial burdens.

Impact of Proclamation 9645

Approximately 41,000 visas were denied between 2017 and 2021 under Proclamation 9645, highlighting the extensive impact of the travel ban.

Settlement Details and Requirements

Notification and Instructions

The Department of State must notify affected individuals within 30 days. Comprehensive instructions will be provided within 80 days, ensuring clarity and guidance for applicants.

One-Year Application Window

Eligible individuals can submit new visa applications and receive a one-time, non-transferable fee credit. The department will accept new applications from this group for one year and ensure consular appointments are scheduled.

Eligibility Criteria for Reapplying

Outlined by Houston’s largest immigration law firm, Reddy Neumann Brown PC:

  1. Visa Denials Under Proclamation 9645: Applicants who applied for nonimmigrant or immigrant visas and were denied under Proclamation 9645 between December 8, 2017, and January 20, 2021.
  2. Waiver Status: Applicants who did not receive a waiver.
  3. Reapplication Status: Applicants who have not reapplied for the same visa type after the proclamation was rescinded.

Background on the Travel Ban

Initial Travel Ban and Legal Challenges

President Trump’s initial travel ban, enacted shortly after he took office in 2017, faced legal challenges and was struck down by federal courts as discriminatory. However, a revised version was implemented in September 2017.

Supreme Court Decision

The Supreme Court permitted the revised ban to take effect in December 2017 and upheld it in June 2018, ruling that the president had acted within his authority to determine that the entry of certain individuals would be detrimental to the national interest.

Conclusion

This policy reversal by the Biden administration aims to rectify the adverse impacts of the previous travel restrictions and offer a new opportunity for affected individuals to secure visas to the United States.

FAQS

  • What are the seven countries affected by the travel ban?

    The seven nations impacted by the travel ban were Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

  • How can individuals reapply for a visa under the new policy?

    Individuals can reapply for a visa by gathering the necessary documents, completing the application form, submitting the application, attending an interview if required, and awaiting the decision.

  • Are there any fees for reapplying for a visa?

    No, the reapplication fees have been waived for individuals from the affected countries who were previously denied visas.

  • What documents are required for the visa reapplication process?

    Documents that the US consulate or embassy requests include proof of a previous visa denial, a current passport, and any additional supporting documentation.

  • How does this policy change impact families separated by the travel ban?

    This policy change offers a critical opportunity for families separated by the travel ban to reunite by allowing affected individuals to reapply for visas and join their loved ones in the United States.