DV 2020

[Karam Nabeel 0]

I am a DV 2020 winner and I am from Yemen which is one of the 7 banned countries ( Travel ban ). My case number is 2020AS28xxx which is to somehow is a high case number. I have a bachelor degree and  a 17 years experience in a telecomunnications company. My elder brother is a US citizen and he is living there in America.

I have heard that no one from Yemen is allowed to get the visa unless he has some exeptions, one of these exeptions is to have a US relative like father , mother, husband, wife , a child or sibling.

My question is what are my chances for me and my family knowing that i have noticed that there are some DV visas have been issues lately for some Yemenis who have relatives regardless the travel ban

I need your advice 

[ClickityClackity 134]

I honestly think that you need to retain a lawyer for this one. Whatever we can tell you on this forum is not going to be as useful as the advice from an immigration attorney. 

Yours is a very complex case for what it seems, and I wish you the best with your immigration adventure!

[Karam Nabeel 0]

Thanks and let's see the other advices

Edited August 23, 2019 by Karam Nabeel

[designguy 1,179]

1 hour ago, Karam Nabeel said:

Thanks and let's see the other advices

Based on the presidential proclamation outlined here

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/june_26_supreme_court_decision_on_presidential_proclamation9645.html

 

Quote

What are the exceptions in the Proclamation?

The following exceptions apply to nationals from the seven countries;  nationals covered by an exception will not be subject to any travel restrictions listed in the Proclamation:

a)     Any national who was in the United States on the applicable effective date described in Section 7 of the Proclamation for that national, regardless of immigration status;

b)     Any national who had a valid visa on the applicable effective date in Section 7 of the Proclamation for that national;

c)     Any national who qualifies for a visa or other valid travel document under section 6(d) of the Proclamation;

d)     Any lawful permanent resident (LPR) of the United States;

e)     Any national who is admitted to or paroled into the United States on or after the applicable effective date in Section 7 of the Proclamation for that national;

f)      Any applicant who has a document other than a visa, valid on the applicable effective date in Section 7 of the Proclamation for that applicant or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as advance parole;

g)     Any dual national of a country designated under the Proclamation when traveling on a passport issued by a non-designated country;

h)     Any applicant traveling on a diplomatic (A-1 or A-2) or diplomatic-type visa (of any classification), NATO-1 -6 visas, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; except certain Venezuelan government officials and their family members traveling on a diplomatic-type B-1, B-2, or B1/B2 visas; or,

i)      Any applicant who has been granted asylum; admitted to the United States as a refugee; or has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

Exceptions and waivers listed in the Proclamation are considered for qualified applicants.  In all visa adjudications, consular officers may seek additional information, as warranted, to determine whether an exception or a waiver is available.

So where exactly do you see that an exception is made for those with US based relatives? Can you provide examples of those who were admitted and did not meet an exemption listed above. As long as the travel ban is in effect and you don't meet any of the above exemptions listed above I would think your chance of being issued an immigrant visa at around 0. As the other posted said you probably want to get some actual legal advice. 

 

 

Also stated on that link

Quote

What is a “close family member” for the purposes of determining if someone is eligible for a waiver?  

Section 201(b) of the INA provides a definition of immediate relative, which is used to interpret the term “close family member” as used in the waiver category.  This limits the relationship to spouses, children under the age of 21, and parents.  While the INA definition includes only children, spouses, and parents of a U.S. citizen, in the context of the Presidential Proclamation it also includes these relationships with LPRs and aliens lawfully admitted on a valid nonimmigrant visa in addition to U.S. citizens.

Your relationship with your brother would not qualify as a close family member

Edited August 23, 2019 by designguy

[SusieQQQ 11,586]

If I may make a suggestion, this is a common topic on Iranian forums. I’m not sure how much info is not in Farsi and more widely understandable, but I think you’ll get more info on how to work the exceptions than here. That said.... it’s very, very difficult. There were a few thousand Iranian DV selectees in the past year, and I think the last number I saw was that less than 10 DV visas have actually been issued to those Iranians not already in the US. (I may have the exact number wrong but whatever it is, is very very low.) Agree a lawyer who has experience in travel ban waivers is likely your best source of advice. Your brother is probably best placed to contact one to ask for advice.