ImmigraTrust Law Reveals the Unseen Impact of IRGC Designation on Iranian Immigration

Irvine, California Jul 21, 2023 (Issuewire.com) – ImmigraTrust Law, an award-winning immigration law firm, has recently uncovered the profound implications of the Islamic Revolutionary Guard Corps (IRGC) or Sepah’s terrorist designation on Iranian immigration. The firm’s founder and lead attorney, Najmeh Mahmoudjafari J.D., has meticulously dissected the complexities of this issue, providing a roadmap for those navigating this challenging landscape.

Key insights from the analysis include:

1. Historical Precedent: The 2019 designation of the IRGC as a Foreign Terrorist Organization (FTO) marked the first time a part of a foreign government was labeled as a terrorist organization. This move has far-reaching implications for Iranian males who completed their mandatory military service with the IRGC or Sepah.

2. Retroactive Ban: The ban is retroactive, meaning that anyone who has ever served under the IRGC, even prior to the 2019 designation, is now subject to the terrorist bar and is ineligible for any U.S. visas.

3. Consequences for Immigrant Visa Applicants: The U.S. embassy policy currently rejects any immigrant visa application where the applicant has served in the IRGC or Sepah. This holds true even if the applicant had no choice in serving and whether the service was many years ago.

4. Legal Challenges: Various individuals and organizations are pursuing lawsuits and other avenues to challenge this sweeping policy, especially for individuals that had no choice in their mandatory service and if they served before the service was considered a terrorist organization as designated in 2019.

5. Nonimmigrant Visa Waiver: Unlike immigrant visas, nonimmigrant visas (temporary visa applications) such as tourist visas, student visas, fiance visas, nonimmigrant work visas, etc., have a waiver option for those who served in the IRGC or Sepah. However, the process is inconsistent and depends highly on the case facts and the officer evaluating the case.

6. Inconsistencies in Adjustment of Status or Naturalization Cases: Depending on where you live and what immigration benefit you are applying for, there are various strategies. Some USCIS field offices require additional background checks and eventually approve the case; others let the case drag on until a higher official provides clearance or approval.

“Understanding the nuances of this ban is crucial for those affected,” says Najmeh Mahmoudjafari. “At ImmigraTrust Law, we’re committed to providing expert guidance and support to navigate these complexities.”

To learn more and read the complete article, you can visit this ImmigraTrust Law Blog article. For more information about ImmigraTrust Law and its services, visit www.immigratrust.com.

About ImmigraTrust Law
ImmigraTrust Law is a top-tier immigration law firm based in Orange County, California. Led by award-winning immigration attorney Najmeh Mahmoudjafari J.D., the firm provides comprehensive immigration services to clients across the U.S. and internationally. ImmigraTrust Law specializes in family, investment, and business immigration matters, offering expert guidance and culturally-sensitive legal representation in English, Farsi, and Spanish.