I am writing to bring to your attention the visa restrictions (immigrant and non-immigrant visas) due to a recent regulation retrospectively and unjustly brought upon Iranian visa applicants.

Recently, the application of people who served their compulsory military service, or even those who were compulsorily trained just for a short period in the Islamic Revolutionary Guard Corps (IRGC or Sepah), is being denied based on the Immigration and Nationality Act (INA) 212(a)(3)(B). These restrictions have imposed significant undue hardship on families (separated families) and individuals (pursuing secondary education).

Every male subject born in Iran must serve a 24-month compulsory military service in one of the three military forces in Iran: Islamic Republic of Iran Army (Artesh), Islamic Revolutionary Guard Corps (IRGC or Sepah), and the Police. In some circumstances, the compulsory military service is replaced by a short period of compulsory training when some civil organizations, such as universities, recruit academic staff.

Male subjects are assigned to one of the above military forces and have no say in choosing the branch or location they are to fulfil their compulsory military service. In most instances, male subjects are not participating in any active military duty, and simply they are put to work based on their educational background and experience.

Since April 2019, the IRGC has been considered a terrorist organization and placed in the Foreign Terrorist Organization (FTO) list by President Trump through a presidential proclamation. The proclamation does not differentiate between permanent military personnel or male subjects who simply had to fulfil their compulsory military service or even those who just had to be trained for a short period in the IRGC. More importantly, this proclamation is being implemented retrospectively resulting in visa denial by NVC/USCIS or the US embassies to any person with previous ties to the IRGC even before the proclamation was put in place in April 2019. In fact, a significant number of visas are being denied or placed in administrative processing, especially since 11/2019 for applicants who previously served compulsory military service or just were compulsorily trained in the IRGC (some of them 20 -30 years ago).

Unfortunately, many lives are being affected by the implementation of this presidential proclamation. Ordinary people with no ties to the IRGC, except the fact that they were ordered to serve or to be trained in the IRGC (having no say in choosing the division, branch and location), are the ones who are experiencing the undue hardship. Among many are the people who had waited for so many years to immigrate to the U.S. and join their loved ones or bright students who dream of pursuing their education in one of the prestigious institutions in the US.

I respect the US laws and understand the importance of background and security check for each visa applicant. I believe painting all applicants, the permanent military personnel of the IRGC and those who just temporarily served their compulsory military service in the IRGC, with the same brush, and denying their visa, is unjust. This policy should be reconsidered for the ordinary people who are being affected most by this proclamation.

I am hoping that by bringing your attention to this matter, you would consider taking an effective and serious action to help save the future of thousands of visa applicants.

Sincerely

https://www.washingtonpost.com/world/middle_east/iran-sanctions-irgc-immigration/2021/02/27/b1540fde-7617-11eb-9489-8f7dacd51e75_story.html