Emami v. Mayorkas and Pars Equality Center v. Blinken

Notice - English 

Emami v. Mayorkas and Pars Equality Center v. Blinken

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If you were denied a visa because of the Trump administration’s Presidential Proclamation 9645 (also known as the “Muslim ban” or “Travel Ban”), you may be eligible to reapply at no cost and to get a prioritized appointment for a consular interview concerning your new visa application.

The information below parallels the information posted by the U.S. Department of State at this link - https://travel.state.gov/content/travel/en/News/visas-news/Emami-litigation-notice-to-class-members.html. Updated and more detailed instructions will be posted at the link by August 2, 2024. Please be sure to check the link on or around that date.

Notice of Class-Wide Relief

The U.S. District Court for the Northern District of California has certified a class in the joined lawsuits Farangis Emami v. Alejandro Mayorkas, No. 18-cv-01587-JD, and Pars Equality Center v. Antony Blinken, No. 18-cv-07818-JD. This means that the Court has defined a class of people who may benefit from the Court’s resolution of the joined lawsuits.

Under the Court’s order resolving the two lawsuits for the class, if you were refused a visa under Presidential Proclamation 9645 ("P.P. 9645")—also known as the Trump administration’s Muslim Ban or Travel Ban—you may qualify for:

● a one-time, non-transferable fee credit to submit a new visa application, and

● the option to get a prioritized consular appointment for an interview concerning your new visa application.

These benefits under the Court’s order are referred to as “relief.”

Class-wide relief will be available starting on August 12, 2024.

How Do I Know If I Qualify and Am Part of the Class of People Who Can Benefit from the Court’s Order?

You may be entitled to the relief that the Court ordered if you are:

● a national of Iran, Libya, North Korea, Somalia, Syria, Venezuela, or Yemen, and

● were denied a visa under P.P. 9645 (the Muslim ban) between December 8, 2017, and January 20, 2021, and

● did not receive a waiver under P.P. 9645.

You may benefit under the Court’s order only if:

● You have not submitted a new visa application (a new DS-160 Online Nonimmigrant Application form or a new DS-260 Immigrant Visa Electronic Application form) since your application that was refused under P.P. 9645;

OR

● You have submitted a new visa application (a new DS-160 Online Nonimmigrant Application form or a new DS-260 Immigrant Visa Electronic Application form) but have NOT yet appeared for a consular appointment and had a visa interview.

Individuals who benefit under this Court order are called “class members.” You must be a class member to benefit from this order.

Who Is NOT Eligible?

You are NOT eligible for relief under the Court’s order if:

● Your application denied under P.P. 9645 was for a diversity visa; or

● You received a waiver to P.P. 9645 while it was in effect; or

● You have received a visa since January 20, 2021; or

● Since January 20, 2021, you have:

o made a new visa application, and

o attended a consular appointment for a visa interview, and

o have received a decision, including a decision putting your case into administrative processing.

Next Steps: How to Apply for Relief under the Court’s Order:

o The U.S. Department of State is working out the processes to implement the Court’s order and make this relief available.

o The U.S. Department of State has also posted information on its website about the availability of relief.

o The U.S. Department of State will update the information on its website by August 2, 2024. That update will give more detailed instructions on how to determine if you qualify for relief and how to submit a new visa application.

Please do NOT reach out to the Department of State to ask about whether you qualify, until it provides more detailed instructions on its website on August 2, 2024. Those more detailed instructions will instruct you on how you can contact the non-governmental attorneys who represent the class benefitting from the Court’s order.

Remember: Class-wide relief will be available starting on August 12, 2024.

Last Updated: June 21, 2024

Remember: Class-wide relief will be available starting on August 12, 2024. Please be sure to check the U.S. Department of State at this link [hyperlinked] starting August 2, 2024, and going forward, for updated and more detailed instructions.