On June 26, 2017, the United States Supreme Court issued an order agreeing to hear the Administration’s appeals of the two adverse ruling by Federal Appeals Courts regarding Executive Order 13780 and partially granting the government’s request to stay the lower courts’ injunctions. We will keep those traveling to the United States and partners in the travel industry informed as we implement the order in a professional, organized, and timely way.
Beginning on June 30, 2017, local time, we began implementing the Executive Order in compliance with the Supreme Court’s decision and in accordance with the Presidential Memorandum issued on June 14, 2017 at our U.S. embassies and consulates abroad. Our implementation is in full compliance with the Supreme Court’s decision.
We do not plan to cancel previously scheduled visa appointments. In accordance with all applicable court orders, for nationals of the six designated countries, a consular officer will make a determination in the course of the interview whether an applicant otherwise eligible for a visa is exempt from the E.O. or, if not, may be eligible for a waiver under the E.O., and may be issued a visa.
The Executive Order provides specifically that no visas issued before the effective date will be revoked pursuant to the Executive Order, and it does not apply to nationals of affected countries who have valid visas on the date it becomes effective.
The order further instructs that any individual whose visa was marked revoked or cancelled solely as a result of the original Executive Order issued on January 27, 2017, (E.O. 13769) will be entitled to a travel document permitting travel to the United States, so that the individual may seek entry. Any individual in this situation who seeks to travel to the United States should contact the closest U.S. embassy or consulate to request a travel document.
Diversity visa applicants will need to demonstrate a qualifying relationship or qualify for a waiver since a relationship with a person or entity in the U.S. is not required for such visas.
KCC will continue to work on in-process cases for these applicants and collect Form DS-260 immigrant visa applications. KCC will review your case file and can qualify your case before scheduling an appointment. KCC is scheduling new DV interview appointments for nationals of Iran, Libya, Somalia, Sudan, Syria, or Yemen.
Frequently Asked Questions:
I received my Diversity Visa but I haven’t yet entered the United States. Can I still travel there using my Diversity Visa?
The Executive Order provides specifically that no visas issued before the effective date of the Executive order will be revoked pursuant to the Executive Order, and it does not apply to nationals of affected countries who have valid visas on the date it becomes effective.
What is a close familial relationship for the purposes of determining if someone is subject to the E.O. per the Supreme Court decision?
In light of the July 13, 2017 U.S. District Court of Hawaii ruling regarding the definition of “close familial relationship” as that phrase was used in the Supreme Court’s June 26, 2017 order on implementing Section 2(c) of E.O. 13780, a close familial relationship is defined as a parent (including parent-in-law), spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts and uncles, nephews and nieces, and cousins. For this purpose, “cousins” are limited to first-cousins (i.e., each cousin has a parent who is a sibling of a parent of the other cousin). For all relationships, half or step status is included (e.g., “half-brother” or “step-sister”). “Close familial relations” does not include any other “extended” family members, such as second-cousins.
I recently had my Diversity Visa interview at a U.S. Embassy or Consulate overseas, but my case is still being considered. What will happen now?
If your visa application was refused under Section 221(g) pending updated supporting documents or administrative processing, please provide the requested information. The U.S. embassy or consulate where you were interviewed will contact you with more information.
Will my case move to the back of the line for an appointment?
No. KCC schedules appointments by Lottery Rank Number. When KCC is able to schedule your visa interview, you will receive an appointment before cases with higher Lottery Rank Numbers.
I am currently working on my case with KCC. Can I continue?
Yes. You should continue to complete your Form DS-260 immigrant visa application. KCC will continue reviewing cases and can qualify your case for an appointment. You will be notified about the scheduling of a visa interview.
What if my spouse or child is a national of one of the countries listed, but I am not?
KCC will continue to schedule new DV interview appointments for nationals of Iran, Libya, Somalia, Sudan, Syria, or Yemen. If an interview has been scheduled while Executive Order 13780 is in effect, a national of any of those countries applying as a principal or derivative DV applicant should disclose during the visa interview any information that might qualify the individual for a waiver/exemption. Note that DV 2017 visas, including derivative visas, can only be issued during the program year, which ends September 30, and only if visa numbers remain available. There is no guarantee a visa will be available in the future for your derivative spouse or child.
What if I am a dual national or permanent resident of Canada?
This Executive Order does not restrict the travel of dual nationals, so long as they are traveling on the passport of an unrestricted country. You may apply for a DV using the passport of a non-restricted nationality even if you selected a restricted nationality (FSC) when you entered the lottery. Also, permanent residents of Canada applying for DVs in Montreal are exempted from the Executive Order. If you believe one of these exemptions, or another exemption included in the Executive Order, applies to you and your otherwise current DV case has not been scheduled for interview, contact the U.S. Embassy or Consulate where your interview will take place/KCC at [email protected]