The Trump administration has extended the April 22nd ban until the end of 2020. This represents a huge blow to DV2020 applicants and could also affect DV2021.
- It does not affect people already in LPR status (Green Card holders)
- It does not affect anyone already holding a DV visa from before April 22 (and extensions should still be possible as I have previously explained).
- It does not affect DV cases doing adjustment of status in the USA
- It does affect DV2020 cases (unless the order is successfully challenged).
- It affects DV2020 cases who were on 221(g) AP and waiting for the resolution of their cases.
- It will affect DV2021 cases, delaying the start of the process (unless the order is successfully challenged)
The order itself can be seen here
June 22, 2020 at 22:50
Hey Brit does it mean it’s over even for us who are on 221g
June 22, 2020 at 22:52
Yes
June 22, 2020 at 23:18
Mr. Brit, I may not have a sleep tonight. OMG
June 22, 2020 at 23:18
will this new order affect people who have a valid visa from dv 2020 ?? or they will be allowed to enter usa with flights that Serbia is making air
June 22, 2020 at 23:55
Addressed in the article above.
June 22, 2020 at 22:51
Given your knowledge: What are the chances of it being successfully challenged?
Any other implications this might have for DV 2021? This administration is not known for letting EOs expire.
June 22, 2020 at 23:30
Very difficult to predict.
June 22, 2020 at 22:52
Hi Brit dose this means 2021 case should not deposit their ds260 forms
June 22, 2020 at 23:48
People should wait until we know more, yes.
June 22, 2020 at 22:55
What is the next DV Lottery I can apply for and when can I start the process
June 22, 2020 at 23:50
October.
June 22, 2020 at 22:55
What steps are being taken to have interviews after the end of the new ban period?
June 22, 2020 at 23:51
For DV2020 – no steps. If the ban remains unchallenged DV2020 cases will not be interviewed, ever.
June 22, 2020 at 22:58
I’m currently in US and my number is AS17XXX. My interview got cancelled at March. And since the ban has extended, does it too late to change to AOS now?
June 22, 2020 at 23:51
You could try.
June 22, 2020 at 22:59
With the ban extension will it be necessary that 2021 go ahead to fill ds260 forms
June 22, 2020 at 23:51
DV2021 cases should pause until we know more.
June 22, 2020 at 22:59
There is not possibility the KCC extend the time for Dv2020?
June 22, 2020 at 23:52
No
June 22, 2020 at 23:00
There is chance to have interview or cancel for April
June 22, 2020 at 23:52
No
June 22, 2020 at 23:04
Does that mean the Consular office will stop taking interviews for those whose documents are passed on from KCC to local embassies?
June 22, 2020 at 23:52
Correct – while the ban is in place.
June 22, 2020 at 23:05
I’m DV 2020 selected. AS17***. I was signed up to use CP to my country for interview. But since the ban extended. should I change it to AOS? Will it be too late
June 22, 2020 at 23:08
Hi Brit! I am a DV2019 winner. I already activated my GC last September 2019. I was planning to move in March but then Corona arrived and from Spain was not possible/complicated to fly. Also the job situation was bad at that moment. My last day in US was 15th October. Should I move immediately or it would be possible Still wait to move definitely beginning September? I have worries that they don’t allow me to enter for being such a long time outside after my leave on October. What will you recommend me? Am I still safe flying in September? (Considering that the 1 year is not completed) Feeling anxious for the daily news…Thanks in advance.
June 22, 2020 at 23:53
If you can activate you should do so. The DV2020 visa cannot be extended after September 30.
June 23, 2020 at 06:41
Hi Brit,
linked to Eralpe case, since I have almost the same scenario, however I’m DV 2020 winner and already activated my GC in Feb 2020, and left US on 1st March 2020 to arrange for the move next year with the current situation since I have kids and it’s high risk to travel with them
1st – is it ok to enter US on Aug 2020 to maintain the GC validity
2nd – I’m planning to move with the family to US next year July 2021 as I’m working now in Dubai, and waiting for the kids schools next year also to arrange job in US, so is it ok to enter and leave safely !
appreciate your feedback and advice
Regards
Khalid
June 23, 2020 at 13:26
1. Yes
2. Yes
Please read the FAQ
June 23, 2020 at 13:28
Hi Brit, thanks for replaying me. I think you mixed my question. My Green Card is already activated. I was asking if moving in September is still “safe” considering that my last day in US was middle October 19 and my Green Card was activated end of September 19. Actually it will be around 11 months outside US. Or will you recommend me to fly before due to the actual situation and restrictions? Feeling anxious with that ..thanks a lot for your help!
June 23, 2020 at 18:10
11 months is OK.
June 22, 2020 at 23:13
Hi Brit,,is there any chance for a 2nd draw for DV2020 for entrants who already live in the USA since they can apply for AOS?Will they consider benefiting from the available visas?
June 22, 2020 at 23:53
No
June 22, 2020 at 23:14
Does this ban will order the KCC to stop processing cases ? ( sending documents and reviewing them ) but without scheduling interviews for people right ?
June 22, 2020 at 23:17
i mean for 2021
June 22, 2020 at 23:54
We don’t know yet
June 22, 2020 at 23:18
Hello Brit,
I am currently living in the US on pending asylum and I have been told that my chance is very low if not zero to adjust my status in the US. So I changed my case to CP and wanted to do that in a third country since I can’t go back to my country. I get my Advanced parole and waiting for my interview to be scheduled. I think the proclamation doesn’t affect me since I live in the US the day the proclamation was out and I have my advanced parole document to return back to the US. I also have a work authorization unit 2022. Do you think the Ban affect me? If yes why? should I change my case to AOS and give it a shot?
June 22, 2020 at 23:54
I don’t know how the ban will apply to your scenario.
June 23, 2020 at 04:59
I highly recommend you try AOS your DV from LA? Some one who I knwo successfully did that while they are on pending asylum status..
June 22, 2020 at 23:19
hi brit
my interview was in march and my visa is approved but when i go check in ceac website it still ready with a update on 1st april my passport is still in the embassy what do you think sir?
June 22, 2020 at 23:55
You were on AP then, not approved and will be affected by the ban.
June 23, 2020 at 09:33
Same situation with me…….
but Brit, if we are on some “AP” what can you say about this: in the April and May some DV visas are issued while the ban is in force
June 23, 2020 at 13:47
We know about those cases. April saw cases issued before the ban on the 22nd.
May saw TWO visas issued to derivatives on a very specific scenario where the visas we already assigned.
June 27, 2020 at 22:57
Sorry for the question brit but in the official web site http://travel.state.gov/ they say that if you are under AP the consult wil tell u that for my case he told me that my visa is approved and gave me paper that approve that
June 27, 2020 at 23:16
The case is only actually approved when they print the visas. So – the CO saying you are approved, is not actually approved.
June 22, 2020 at 23:19
Should we wait for the supreme court which may challenge it or try to join the lawsuit and take this risk ? It’s getting tougher than it was…
June 22, 2020 at 23:20
It was nice knowin you Brit. God bless
June 22, 2020 at 23:22
Oh oh Mr Brit does it mean the DV 2021 people have to forget about everything concerning the visa till netxt yr???
June 22, 2020 at 23:56
DV2021 cases should pause.
June 22, 2020 at 23:27
Hi Simon,
I was waiting on an interview here in Sydney, Australia. I have an F-1 student visa in USA. Since the ban is extended to CP cases now, should I change it to AOS? Do I still have enough time to do the process before September 30th 2020?
June 22, 2020 at 23:56
You can’t enter the USA on some types of visa with an intention to adjust status.
June 23, 2020 at 10:06
How do you prove you do NOT have intention of adjusting status though?
June 23, 2020 at 13:51
Waiting a reasonable time – 60 – 90 days.
June 22, 2020 at 23:28
Hi Mr.Brit, it’s really a heartbreaking news for us, we’ve got our interview date back then and now it’s officially over .
Thank you for guiding our DV2020 journey Mr.Brit.
GBU
June 22, 2020 at 23:47
Do you allow some political rant in here? I am so frustrated and need to get it out!
June 23, 2020 at 00:04
Does it start with Trump is a moron? If so – I have already stated all that…
June 22, 2020 at 23:47
Hi Brit, I was planning on going to school in the US starting in September. After I enter on my student visa in August will I be able to do an AOS? I am DV2020 OC2xxx
June 23, 2020 at 00:18
Well yes – you have to wait between entering and starting the adjustment process. So – because your number is high you would have to wait anyway. Don’t submit your DS260 yet.
June 23, 2020 at 00:40
I submitted my DS260 in May 2019 for the Sydney consulate. How long would I wait after entering if DV2020 ends 30 September?
June 23, 2020 at 00:55
Ahhh dv2020. I thought it was dv2021.
You cant circumvent the ban that way.
June 23, 2020 at 12:29
Ok. My school will now have to sponsor a student visa, do you think there will be difficulties with a dual intent having a current DS260 submitted?
Alternatively I do have a LLC business that buys US wholesale groceries and sells them to consumers online in the US. I’m hoping this may make me eligible for an exemption as outlined in the EO:
“(iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and”
How would I get a 2NL if I indeed am exempt?
June 23, 2020 at 17:20
Yes a DS260 can affect non immigrant visa applications.
The exemption you mention covers TEMPORARY WORKERS only.
June 22, 2020 at 23:59
Hi Brit,
I am a DV2020 winner and KCC confirmed that my documents are received and ok and just waiting for my interview. I live in Canada but I am currently in USA with visit visa. Is it possible to submit AoS in my case?
Kind regards
June 23, 2020 at 00:24
You can’t enter the USA with an intention to adjust status. That could create risk. There is also a question of where you were on the day of implementation of the ban (both April 22 and now)
June 23, 2020 at 03:34
I come to USA to visit my family (recently graduated from university). All my family are LPRs and will get citizenship soon. I was in Canada when the ban was issued. My family are devastated after extension of ban (We are from Iraq, and you know the rest). What’s your advice to me?
June 23, 2020 at 04:51
OK – so your only hope is the ban being blocked AND embassies reopening.
June 23, 2020 at 00:12
It does affect DV2020 cases (unless the order is successfully challenged),
What does means exactly _ unless the order is successfully challenged??
June 23, 2020 at 00:27
If a lawyer goes to court and gets a restraining order against the order.
June 23, 2020 at 00:18
Hi Brit, my case number for dv2021 is EU 8xxx I haven’t submitted ds260 yet, should I do it or it’s better to wait in current situation?
June 23, 2020 at 00:28
I would personally wait – but you could proceed if you want.
June 23, 2020 at 00:19
Sad news indeed. For those who were issued but expired, do you think they are exempt from the ban and will be extended as they had a valid immigration visa before the ban thus are subject to extension?
June 23, 2020 at 00:28
Discussed in the video and above.
June 23, 2020 at 03:42
I have already paid the immigrant fee and my ticket was canceled 10 days before my flight. If the visa is re-issued will I have to repay even the immigrant fee ? If the visa will be issued under same case number and same registration number … repaying immigrant fee doesn’t make sense … any help here
June 23, 2020 at 04:51
I don’t know.
June 23, 2020 at 00:27
Hello sir,
Who’s gonna challenge the EO and what can be the possible issue?
June 23, 2020 at 00:37
It’s a good question.
The AILA is preparing a case, and I would imagine that some others may do so also.
The issue would be that Trump is trying to create law, that his reasoning for doing so is not plausible and that some people will suffer irreparable harm.
June 23, 2020 at 03:59
The immigration ban is illegal and an abuse of power.
June 23, 2020 at 00:43
Trump is leaving thousands of hundred of immigration lawyers unemployed… hope they will go against him with a restraining order
June 23, 2020 at 00:56
I hope so.
June 23, 2020 at 00:54
Hi Brit. For those of us who are DV2020 winners and health professionals, what are the chances that we still can have an interview?
June 23, 2020 at 01:46
You could try and see if you could be processed, although of course the embassy closures is still an issue.
June 23, 2020 at 01:02
Hi Simon. I am sorry for all the DV Lottery people who were unable to continue.
A friend of mine with his family got interviewed and they were approved the visas on March 13. Two days later the embassy closed because of the pandemic, later on there was the ban and now the extension. They haven’t got their passports to his day . Do you think they will have the visas or are they disqualified?
June 23, 2020 at 01:47
They would have been caught by the ban.
June 23, 2020 at 05:40
Hello Mr brit, you’re my only hope, infact my question doesn’t relate to dv program but rather family base and i know you only deal with dv program stuffs but I dont have anybody to ask him this question so please help me with any knowledge you have about it, my question is, am a lawful permanent resident and i sponsored my wife and my newborn baby, everything is done, they were interviewed before the first ban and the visa was approved but unfortunately due to the convid19 they couldn’t get chance to do their medicals before the interview so the CO told my wife that everything is okay and he is waiting for the medicals to issue the visa, a few days after the interview trump brought the first proclamation which was April 22 and after the proclamation they got an appointment to do their medicals after the medicals was done upon all the president proclamation the embassy has issue them their visas, so my question is with valid immigrant visa issued after first proclamation do you think they’re good to come please ?
Please kindly reply me with all you knowledge you know.
Thanks for your kindness
June 23, 2020 at 13:15
If they have a visa they are not affected by the ban.
June 23, 2020 at 01:10
For DV 2020 that is very painful, but for DV ,2021 you have some lucky of trying next year. Someone had suggested this sometime and insults were hurled at him, big blow but there is still a chance of trying next time, once again thank you Brit for your continuous effort of helping DV cases. God bless you.
June 23, 2020 at 01:13
Hi Simon,
I sent in my DS-260 application form on June 6th for DV2021 (the day the results were announced) and have since gotten married. I was planning on contacting KCC to unlock my form and include my spouse once I receive our marriage certificate in the next 6 weeks. Do you think it makes sense to do it now or wait until January? Do you think KCC will be open for operation in any capacity.
June 23, 2020 at 01:49
You can unlock and correct that now.
June 23, 2020 at 01:44
Dear Brit, Thank you for your guidance through these very difficult time. I am not usually a kind of person who lose hope, but I think DV2020 is not officially concluded. I don’t see any legal challenge effectively toppling this ban. Thank you again one more time for your help and I hope to win DV2022 and benefit from your useful guidance again:)
June 23, 2020 at 01:54
If I had to gamble I would say there is a relatively good chance of a TRO.
June 23, 2020 at 02:02
Does this affect spouse of a LPR in procces with Nvc. Thank you
June 23, 2020 at 02:03
I only answer DV questions, but I don’t think so.
June 23, 2020 at 02:21
What’s your opinion about the effect of mandamus now the ban is extended? -additional to the embassy’s that still do not consular processing.
June 23, 2020 at 02:37
I previously pointed out 4 things – I’ll copy it again here. Basically the mandamus is scuppered unless someone gets a TRO against the ban (which I think is more likely than not).
>>>>
I have spoken to the lawyer and had a back and forth with him. So – with all due respect to Curtis, who I think has done his homework and knows the strengths and weaknesses of his case, I will give my current assessment here. I did discuss the lawsuit in a video with my earlier assessment and Curtis did reach out to me and confirm that my assessment at that time was fair and accurate.
The “non-discretionary duty to adjudicate” is frankly BS. Lawyers sometimes need to state some things in a strong way to provide a platform from which to make an argument, in this case the intent being to create the conditions to reinforce the threat of an argument. Meaning – he is trying to make the case sound strong so that the defendants will be more likely to “perform” to avoid the lawsuit being argued in court.
The cases where visas have been issued after the end of the year is murky at best. Some visas have been accelerated before September 30, and therefore “set aside” for issuance later, but even when a court orders someone to do something, that party may be bound by other laws and not able to do what the court says. So – a court could order the government to issue the visa (at which point the lawyers could claim a win) BUT the visa still might not be issued – because issuing would be a contradiction of an existing law. That is pretty much the stalemate that exists at the moment.
So, the lawsuit is intended to speed up processing for people on the lawsuit. That won’t help at all if the ban is extended, or the embassies remain closed, or the numbers are retrogressed, or if KCC have not finished processing of documents. So – if I were in this position to gamble $1000 , I might do it, but I would wait until I saw embassies were opening, the ban isn’t extended and the VB is released. That means waiting until mid/late June. And at that point I would also be checking/confirming that my documents are processed. But frankly, if those conditions exist, I might not need the lawsuit anyway….
<<<<
June 23, 2020 at 04:04
Thank you Simon, I just realized the following reading over the proclamation again.
Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
(i) are outside the United States on the effective date of this proclamation;
At the time of the effective date I was present in the US on ESTA (visa waiver). Reading the proclamation would you think I could be exempted from the ban? Since I was physically present.
June 23, 2020 at 04:58
No.
June 23, 2020 at 02:24
Hi Brit ,
After 12/31, will dv2020 requests be canceled? .
Does dv2021 have the full chance in the coming year? Or should we wait to see what will happened?
If you could tell me the percentage of acceptance of the people who won the dv2021?
June 23, 2020 at 02:27
DV2020 ends on September 30th.
Wait and see.
June 23, 2020 at 02:49
Hi Brit, if the E.O has to be challenged in court,
1) how long will it take from now?
2) if it’s challenged with the embassies still closed, could there be any possibility for kcc to start sending 2NLs and doky comfirmationc?
June 23, 2020 at 04:45
1. I don’t know.
2. Well no. They did not send July 2NLs, because the embassies were closed.
June 23, 2020 at 03:06
Hi Brit,
Why do you think that to wait is a good idea for the dv2021?
why not to fill the ds260 and wait, I just want to know your thought about it?
June 23, 2020 at 04:47
Because we don’t know what will happen about a lot of things, and submitting early does no good anyway.
June 23, 2020 at 03:10
According to the proclamation, it said: “Suspension of Entry of Immigrants…” not “Suspension of Entry of visa issuance”, could that mean embassies can still issue visas but people won’t be allowed to enter the US till end of 2020?
June 23, 2020 at 04:47
No. I specifically addressed that in the video.
June 23, 2020 at 04:11
Hi brit
Im dv2021 selectee. And i already submitted my ds260.
I hold a US tourist visa.
U mentioned that the ban will not affect ppl already in the US and doing adjustment.
So u think i can go to the US on my tourist visa and apply for adjustment from their?
June 23, 2020 at 04:59
No. You would be risking the whole thing. Stay calm and wait.
June 23, 2020 at 04:11
Hello brit.thanks for everything .I appreciate your works. Am really frustrated after getting the news of the ban being extended.my question is in the mist of all these crisis like covid 19 kcc should do something on dv2020 winners and don’t allow our efforts to go invain.The should at least extend 2020 cause we have gone through alot.what do u think?even give them the idea they might buy ur idea
June 23, 2020 at 04:59
That is not legally possible.
June 23, 2020 at 04:18
Good morning Sir ,
1- From your experience and knowledge , could the supreme court or other related court stop the implementation of this banning ?
2- who will suggest to stop this order?
Thank you sir
June 23, 2020 at 05:00
1. Yes
2. Lawyers will be filing suit within a short time.
June 23, 2020 at 04:29
Hello Mr. Simon,
Me and my wife live in Canada. We are DV-2021 selectees. We haven’t submitted DS-260 yet.
1. Instead of just waiting and watching situation evolve, should we go to US on TN-1 visa and proceed with our DV-2021 through AOS? Our case number is 2021AS17xxx.
2. Does this ban impact TN-1 visa category?
Thanks!
June 23, 2020 at 05:00
1. THat could create risk. Don’t do that.
2. That is not listed.
June 23, 2020 at 04:33
Sir,
Does it mean the rest of the cases of DV2020 is cancelled officially?
We have received 2nd letter and already done medical .Who will be responsible for the spent amount?
Please we really need your hopefull reply sir.
June 23, 2020 at 05:01
It’s not a cancellation. It’s a block to the majority of cases.
You are responsible for any fees spent.
June 23, 2020 at 04:59
immigration ban finaly extend or in process
June 23, 2020 at 05:07
Omg what a shit news iam going to die .
It means no interview from dv 2020 for ever?????
June 23, 2020 at 05:18
Unless the van is blocked, yes.
June 23, 2020 at 06:22
I don’t understand unless the van is blocked explain pleaseeee
Say clearly pleaseee Iam going to die
June 23, 2020 at 13:24
The president of the USA cannot make laws. But he can make decisions about how things are done within the existing laws. So, his actions such as this order can be challenged as being illegal, and if the challenge is successful it could result in the ban being blocked – meaning removed.
June 23, 2020 at 08:43
unless the ban is blocked,yes..make clear
June 23, 2020 at 05:15
Dear Brit,
I got my visa before 22nd April but it is expired now. Please when and how can I renew it? Can I do that with the ban in process?
Kind regards,
June 23, 2020 at 05:17
Yes, contact the embassy.
June 23, 2020 at 10:51
Hello BritSimon, is it OK to extend the expired visas now or it would be good to wait? I think even after extension of Visa, one cannot entry USA untill the ban expires i.e. December 31, 2020.
June 23, 2020 at 13:57
If you have a valid visa, you can enter
June 23, 2020 at 05:32
Hi Mr. Simon. I’m 2020 winner. We live in california.and we are adjusting status. Will the Immigrant ban extended effect our situation?
Thank you
June 23, 2020 at 13:14
Could you just read the very short article above?
June 23, 2020 at 06:01
Hi there Brit,
My husband and I were winners of the DV lottery for 2020 – my husband and I made it over to L.A mid march to have our green card stamped and came straight back home to Australia which means we have until mid-March 2021 to move to the US before our temporary green card stamped in our passports expire. Our physical green cards have successfully been delivered to an address in the US. Given the borders from Australia to the USA are closed, are immigration allowing US Green card holders to leave their citizen country (Australia) to move to the USA. We are concerned that the borders will not open up until after March 2021 and we would have missed our opportunity. Your help is very much appreciated. We have been entering the lottery for the last 10 years, like many others here, we’re devastated that we may lose this opportunity.
June 23, 2020 at 13:18
It is FAR too early to be worrying about that. Of course no one can see the future, but for now, don’t think that way. If something awful happens and the closures are in place, there will be ways to extend your absence, but you do not need to worry about that with 8/9 months to go.