The U.S. Department of State (DOS) has provided information following a major federal court order. The U.S. District Court for the Northern District of California certified a class in the consolidated cases of Farangis Emami, et al. v. Alejandro Mayorkas, et al. and Pars Equality Center, et al. v. Antony Blinken, et al. This legal action was on behalf of visa applicants who were refused visas under Presidential Proclamation 9645. This proclamation, often called the “Muslim Ban” or “Travel Ban,” was in effect from December 8, 2017, to January 20, 2021.

Who is Eligible?

The court order provides specific relief for a group of individuals known as “class members.” You may be a class member if you are a national of Iran, Libya, North Korea, Somalia, Syria, Venezuela, or Yemen. You must have also been denied a visa under Proclamation 9645 between December 8, 2017, and January 20, 2021. This includes both immigrant and non-immigrant visa applicants. However, there are some exceptions. For example, individuals who were denied a diversity visa or who received a waiver under the proclamation are not eligible for this relief.

The Benefits of the Order

Starting on August 12, 2024, eligible class members were able to receive a one-time, non-transferable fee credit. This credit can be used to submit a new visa application. Additionally, eligible class members have the option to receive a prioritized visa appointment. This is a significant benefit, as visa applicants often face long waiting periods for appointments, particularly at certain U.S. embassies and consulates. The court order also requires consular posts to process these new visa applications without prejudice from the prior denial under Proclamation 9645.

How to Get the Fee Credit and Prioritized Appointment

To claim the benefits, eligible class members must first complete a new visa application form (either the DS-160 for non-immigrants or the DS-260 for immigrants). After completing the form, they must follow specific instructions provided by the Department of State to indicate that they are an “Emami Class Member.” This is crucial for their application to be correctly processed and for the fee credit to be applied. The Department of State has set up a verification process, and individuals must provide information from their previously refused application to confirm their identity and eligibility.

The Department of State has identified over 24,000 potential class members based on its records. The attorneys for the plaintiffs are also attempting to reach out to class members using contact information from their old applications. This litigation is a major step toward addressing the lasting effects of the travel ban on affected individuals and families. It provides a concrete and streamlined pathway for them to re-apply for the visas they were previously denied.