There is a lawyer who is planning to file a lawsuit against the government to try and force them to process the cases of his clients by September 30th. There are fees involved, and there is no guarantee of success. So I am not recommending people participate in this lawsuit, just giving my thoughts about it so you will know and can decide if you want to be a part of the lawsuit.
The lawyers prospectus can be read here
May 17, 2020 at 06:12
I am speaking from Bangladesh.Will I be able to participate in the DV lottery in 2020?
May 17, 2020 at 13:35
No
May 17, 2020 at 06:14
Hi there,what we can do if we r already passed the interview and we have our visa DV and we have to enter US on 10th of july.
Can we extend our date for travelling so we can avoid the covid -19 situation now
May 17, 2020 at 13:36
https://britsimonsays.com/extending-an-immigrant-visa-for-unavoidable-reasons/
May 17, 2020 at 07:05
Hi Simon,
watching your video right now and I was wondering about the case you were talking about a little while back, with the lawyer that already has a dozen or so DV plaintiffs.
1) Is that still an ongoing case in the make?
2) Is that case meant to cover all the people in the DV lottery?
3) That case is different from Curtis’ case?
4) If so do you have more info about this case?
May 17, 2020 at 13:43
1. There are two cases I have mentioned in – the Hacking Law case, and the Curtis Morrison one.
2. The Hacking Law suit is a attempt for a general block on the immigrant ban.
3. Both are different in intent.
4. You know what I know.
May 17, 2020 at 17:56
Okay I thought there was an other lawsuit in the make Besides Hacking and Curtis favoring Dv lottery with a lawyer that already had enough info and plaintiffs. Recall you mentioned it in one of your previous videos. Thanks
May 17, 2020 at 18:39
It was one of the two I mentioned.
May 17, 2020 at 09:00
Hello Brit !
By your opinion , How much is the percentage of the Lawsuit to succes in court !?
May 17, 2020 at 09:46
Dear Brit ,
Thanks again sir for your try to help the winners, we all really appreciate your work.
Sir my question are:
1. If the ban extends lets say 120 days , so it means useless to apply for this lawsuit , am i right ?
2. If the ban extends 60 days and there only 1 month will be left (september) does it mean – they will prioritize the cases who applied for this mr. Curtis’s lawsuit ?
Thanks sir
May 17, 2020 at 13:51
1. Possibly – you could ask the lawyer.
2. That is the intent of the lawsuit. Whether that would work or not – that is not guaranteed.
May 17, 2020 at 13:49
There are some weaknesses in the case as I explain in the video – but a court battle is not the goal. All explained in the video.
May 17, 2020 at 12:54
Hi Simon,
Would you think there is a difference with number of selectees in a country?
I mean I think my country has about 300 winners including family, and half of them granted thier visas already.
If Trump don’t extend his EO, do you think rest us have time to be interviewed by the end of September?
Please let me know of your opinion.
Thank you for your help all the time.
May 17, 2020 at 13:52
It’s not just about your country or your embassy. It’s about the work to get cases processed and scheduled.
May 17, 2020 at 17:12
Hi BritSimon, thanks for updating us. Can the participation in the lawsuit hurt us in obtaining non-immigrant visas in the future? For example there could be a question about participation in lawsuit agains US government etc. and this can have consequences? Thanks
May 17, 2020 at 18:39
No. (answered in the video).
May 17, 2020 at 17:53
Hi Brit! Thank you so much for helping people and sharing your knowledge with us.
1) If I submit my AOS package within last of May month then do u think I could have time to process till september?
2) Is this lawsuit effective for people living in USA ?
May 17, 2020 at 19:20
1. Yes
2. Possibly.
May 17, 2020 at 19:37
Hi Brit. hope u are good. I have a few questions.
I am a DV winner (+wife and one kid).
My child’s passport is ready but my wife’s own isn’t. Due to the latter, I haven’t yet submitted the DS and the documents (my wife needs her passport to apply for her police certificate). the borders are closed so she can’t go to her home country to process her passport.
1) can I send the DS and the documents minus her PC and state in the note of explanation regarding the unavailability of some required docs the reason why it’s missing and promise to send it once it’s ready?
2) since we’ve no clue as to when we can get the passport and looking at the fact that time is pressing, should I simply send my DS and our child’s (3years)?
3) can I travel with her?
4) if I should travel alone, should I delete their DS?
Thanks.
May 17, 2020 at 21:07
1. You can try – but that may not work.
2. That’s another possible action.
3. The child? yes.
4. You cannot delete their DS260s. You simply inform the embassy.
May 19, 2020 at 14:18
Hi Brit. Thanks for your reply.
1)would u mind explaining why it may not work?
2) can her incomplete docs as a derivative affect me, the main applicant?
3) is the note of explanation not good enough to give kcc strong reasons to understand the situation at hand and allow us to proceed?
3) I understand it is mandatory for kcc to receive all documents first but are we allowed to present any missing documents right at the embassy?
4) can kcc simply decide to allow only me and our child to proceed?
5) assuming kcc accept our applications, do we have to send the remaining documents (passport & PC) later to kcc before going to the interview?
6) or we can simply show them at the embassy?
7) or they will say our documents are incomplete, hence ask us to make sure all is ready before we resubmit?
I really want to move with my family but I gotta make the right move.
Thanks.
May 19, 2020 at 14:26
1. Because they expect a complete set of documents – as explained clearly in their instructions.
2. See 1 and read the instructions.
3. “Mandatory”.
4 onwards – you are just asking the same question in different ways. Ask KCC.
May 17, 2020 at 19:48
Brit, what would you do if you were in our position right know? Do you think it’s worthy going with lawsuit. Since you are living in US based on the situation there, is there a possible to be back “normal”, like
open everything in june? Because the decision from Trump until now has no effect since everything was blocked, and i think he knew it ans just want it to gain so points since there are election in november. Do you think he can extended? Does the layer that you talk, had any information about extending.
May 17, 2020 at 21:08
I can’t advise anyone – each must make their own decision.
The USA won’t be back to normal for quite some time. Certainly not by June, and likely not in 2020.
May 17, 2020 at 21:28
What about extending the ban?! Your oppinion ofc.
May 17, 2020 at 23:53
I don’t know.
May 20, 2020 at 15:55
Any news about 2NL ? Did they start sending, since it’s 20th May. If not i guess we are not gonna have interviews in July.
May 20, 2020 at 16:13
The publishing of the VB does not mean anything to scheduling.
May 20, 2020 at 18:54
And the VB is now released….
https://britsimonsays.com/visa-bulletin-for-july-2020-interviews-released/
May 17, 2020 at 21:43
Hi Brit, I have decided to participate if the ban is extended. I have a question.
I am not planning to move to the US for at least one year after the landing. In that case 6 months from the medicals and one year visa validity after the landing.
1. In that case can this be used as a cause in the case?
I will continue working during that one year outside the US and will pay taxes in the US.
I feel that the case is not so much related to the actual reason for the ban which is the current employment situation in the US .
In my case and probably many others we can postpone the move and not have any impact on the current situation.
May 17, 2020 at 23:55
1. No. You are assuming there is logic in the ban. There isn’t.
May 17, 2020 at 22:17
Thank you for the effort Brit, much appreciated!
I’m a little confused about the timeline of this lawsuit so I have a couple of questions:
1.Isn’t it the best, in your opinion, to wait for June 22nd (or 10 days before it when they will make the decision) and see if the ban is extended, and THEN join the lawsuit? Because if it isn’t, then there is no point in that really…
2. If the lawsuit is only filed on July 8th, then that’s way too late for people who are still waiting for the docs to be processed and KCC schedule an interview… how will it work exactly even if it succeeded? Will KCC just drop everything and schedule those lawsuit cases immidately?
May 17, 2020 at 22:20
oh and
3. And what if embassies are still closed? Would it count as an emergency appointment?
Thanks!
May 17, 2020 at 23:57
1. That’s logical.
2. Well – that remains to be seen.
3. I don’t think so, but possibly.
May 18, 2020 at 00:30
Can lawsuit works for dv 2019 winner who was not scheduled for an interview due to high case number ?Thanks.
May 18, 2020 at 01:49
No.
May 18, 2020 at 09:54
Hi Brit, we are living very strange times. Things that would have been wired to mention just few months ago are now credible norms. My advice to DV selectees: do not give up and do not also make the DV the bedrock on which your entire destiny depends. Many surprise are yet to show up!
Good news for those who brave it! The Salvation Empowerment Sanctuary,still has room for just one family in the second batch of New Americans Assistance (NAA) under our Church Charity program. Preference is given to a couple with children or a child. If they are believers, the better for them because of the ease to cope in their accommodation without constrains. They will receive a free Church assistance from their arrival at the airport until they start working and are able to live on their own in 60 days. CONTACT: Email [email protected] for those coming from August, 2020.
Rev. Dr. Benz
Senior Pastor.
May 18, 2020 at 09:59
Hey BritSimon ! (AS31K2020)
Thanks for always being so transparent and laying crystal clear options out for us. God bless you.
What could be some of the other implications of Participating in the lawsuit since it will make our information in this lawsuit public?
For e.g. will it hinder in finding jobs in the future? Or
Can it be used against me in the future when I genuinely apply for a visit visa to US (or else where)?
Best Regards,
M. Hassan
May 18, 2020 at 13:29
As the lawsuit says, no implications from the government, but in other ways – I don’t know. But it’s not illegal to participate in a lawsuit, so I don’t think you need to worry.
May 18, 2020 at 10:34
Hi Simon
Thanks for all the efforts you are doing to help us.
I have a couple of concern in the Lawsuit, hopefully your good knowledge and ideas will help a lot.
1. Does the lawsuit works for DV 2020 winner who are leaving out of the countries which Tramp ban on February 2020. like the countries Sudan, Eritrea Tanzania and others.
2. Do you think we can Join the lawsuit to be interviewed because Some are leaving out of the ban country. but using the passport of that country.
3. Does a high Case number AF71 have a possibility of getting a chance for an interview?
Thanks a lot.
May 18, 2020 at 13:31
1. No.
2. The lawsuit won’t overcome the ban on thiose countries, so you would simply have wasted more money.
3. Same chance as any other number now that all numbers are current.
May 18, 2020 at 13:12
Dear Simon
Thank you so much for the hard work you’ve done on DV winners.
I would like to just to say this lawsuits is gamble for sure that’s why better wait until the ban has lifted then i believe everything will be alright and on time for every winner.
All the winners of 2020 we shall all go through. Let not panic of Lawsuits. Coz like we here in Africa to get 2000USD is not easy.
Let’s believe only and we shall overtaking every situations that the world is facing now.
I’m DV 2020 winner also with case number 2020AF00053**5
Much appreciate brother Simon on your hard work serious.
God blessed you
May 18, 2020 at 13:33
Well Eddy, to be clear, there is NOT enough time for every winner. Some will be disappointed. But I agree with you, this extra money is a fortune in some countries.
May 19, 2020 at 13:12
That’s really true.Some of us would have been dissaponted anyway with or without the ban.But as you’re saying 2000€ (3000$) in my case cause I’m married,are pretty difficult to earn here in Albania to,where the salary is about 300-350$ or less/month.We should think about it a lot because if it doesn’t works,we need 1-2 years to earn that aomunt of money that we have to borrow from somebody,because during this 1-2 years there’s rent to pay,to eat and everything else and it’s not easy here in Albania to earn money.Anyway I believe that what’s meant to be,it will find it’s way.And I wish with all my heart that God will help each of us and you Brit Simon too that with your help and time,make things more clear to undertand and never hesitate to answer our questions.
Thanks for everything!
May 21, 2020 at 12:06
That’s true Simon
There’s no enough time for sure that’s why we need to make KCC busy from end of this month to check for the process
May 19, 2020 at 09:22
Hi Brit Thanks for everything you have done for DV. I have question that my CN AS28*** I already sent all documents since Nov and still waiting for the confirmation and I find out that my docs is At NVC. Should I email to them or just keep waiting?
May 19, 2020 at 14:14
You can ask if they are satisfied with your documents.
June 8, 2020 at 18:31
Hi, can you please update us with your case? Did you get an interview appointment already?
May 19, 2020 at 20:55
Isn’t it a scam? The domain was registered on 2019-01-28 and there are post on Twitter before 15 Mar.
May 19, 2020 at 21:51
No its not a scam.
May 19, 2020 at 23:54
https://youtu.be/PTWVIQnStNU
Is it one of the lawsuit case for the EO?
May 20, 2020 at 00:14
Yes, that one was lost, but somewhat predictably because of the difficulty in showing that irreparable harm has been caused.
May 20, 2020 at 08:14
What is meant to be it will be, that’s my point too. Somebody saw an opportunity to make money on attacking the maybe possible immigration EO, but this is not gonna work.
If Trump wants to halt the immigration he will do it with all of his power and end of te story.
Hope he’s not that stupid because, to be honest, most of the americans are lazy and don’t want to work.
We WILL wait for the 2NL’s
May 20, 2020 at 13:17
Hi Brit,
with trump , it is highly likely that he will extend the EO. unemployment is going to continue to grow and thus he will have all his non sense excuses to extend.
i will wait till June 23 but most likely i will end up being a client to Curtis. the reward – risk ratio is huge and i believe it is worth spending that money.
if you were in our position, would you do it (considering you can afford it) ?
you think both AOS or CO ( embassy route) will have same chances with this ?
May 20, 2020 at 14:27
It really depends on your finances. It you can afford the fees – then it might be worth a gamble. I don’t see the chance of success as high, but again – it’s up to people to weigh what the money means to them.
June 12, 2020 at 06:17
Question regarding to this lawsuit. Let’s say the ban does not get extended ( since there’s no sign of that yet at the moment with 10 days left before it times out.) and the embassy’s are open for in person visits as some embassies start to do so for us citizens. At this point would the mandamus makes sense and be able to force the embassy to process the visa even though they are only open for citizens? (but technically spoken the embassy is considered open at that point.)
June 12, 2020 at 11:15
A lawsuit is not going to force the embassies to do that. I wrote about this very clearly in the forum – where I said this:
“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 12, 2020 at 16:26
Thank you and let’s say the scenario is as follows; ban not extended and embassies resume visa services lets say September 1st. Would KCC still send out 2NLs in this case? Or would in this case the mandamus filed in July be able to speed up the process and still be able to schedule a date in September? My documents have been approved btw.
June 12, 2020 at 21:13
Impossible to know.
June 13, 2020 at 15:08
so I contacted KCC yesterday again to check status of my documents. Still the same formula relpy that they can’t see it, it’s another department bla bla. I asked if I should send them again and they replied that if I recieved the autoreply (which I did) it means they recieved them and I shouldn’t send them again. Time is running out, what do you suggest doing? Thanks!
June 13, 2020 at 18:02
I don’t have a magic answer. Just a combination of patience, persistence, common sense.
June 13, 2020 at 18:08
Do you think I should send the docs again anyway? Or trust their answer?
June 15, 2020 at 17:53
Hallo Brit
Good work
My question is,
Is there anyway someone is current received confirmation of documents that are ok
Then he or she misses 2nl.
June 15, 2020 at 23:02
Maybe
June 23, 2020 at 03:48
Dear Simon,
Is there any updates on this lawsuit? Or do you have any new thoughts about this lawsuit that you might want to share with us after we learned about the ban extension today?
It seems like the only hope for DV2020 and might be worth trying even though the chance is low?
Thank you very much for all you do anyways.
God bless.
June 23, 2020 at 04:54
I am less optimistic about this lawsuit now. Having said that, if some other lawsuit achieves a TRO the mandamus might become interesting.
June 23, 2020 at 11:15
Hello Brit,
Considering the current scenario; I may be able to manage $1000 for the lawsuit. However, before I do the payment; I would like to seek your suggestion.
1. Shall I go with the lawsuit (Documents submitted on 7 May have not been processed yet).
Thank you.
Regards,
Santosh Kumar Sah
June 23, 2020 at 15:22
Everyone needs to decide for themselves, but I will post a video shortly about that.
June 23, 2020 at 15:27
I am eagerly waiting for the video. If possible you may please contact curtis for more vision.
Thank you so much.
June 23, 2020 at 15:30
Imagine the ban being challenged successfully, would all remaining dv2020 cases be processed or just the ones who filed the lawsuit?
June 23, 2020 at 17:56
Everyone – but then we will be back to the embassies being closed, and running short of time (the latter point is where the mandamus lawsuit might still be interesting).
July 3, 2020 at 10:25
Hey Simon,
Firstly thank you for all the work you do, you have been an amazing source of information for me throughout my whole DV2020 process.
I was just wondering if you did post a video about this lawsuit since the executive order got extended that I have missed?
I have signed up to the lawsuit, but am yet to pay the fee as I am still in two minds about it. Most of my hesitation comes from the fact that my name will forever be filed as someone who tried to sue the US government. I don’t know how that sits with me given I do want to definitely end up in the states one day.
I know we have to all decide for ourselves, I was just wondering if you think that the AILA case pretty much is setting out to achieve the same thing for all DV2020 winners. (I had an interview scheduled in April and was cancelled, so if embassies opened and there was a chance to interview, I would be high up on the waitlist… obviously at this moment… thats a big IF. )
Look, I am most certainly not asking you to decide for me, but I honestly am a little confused about it all. I have asked to remain anonymous if I can, but the fee is higher for that. I really respect your opinion as someone who has so much knowledge on this subject.
I hope you’re well, stay safe and thank you for being amazing!
July 3, 2020 at 14:21
Curtis’ lawsuit is different to the AILA lawsuit. The AILA lawsuit has more chance of success in my opinion, but as you say, each person must decide for themselves. But given that you were previously cancelled anyway, you have a good chance of being interviewed if the AILA suit succeeds. To me, Curtis’ lawsuit seems pointless in YOUR particular scenario, because IF AILA wins, you can push the embassy yourself.
July 3, 2020 at 21:40
Thanks Simon. As always, you bring so much knowledge and are an extremely helpful voice of reason.
I appreciate the time you took to answer my question (and everybody’s for that matter as I continue to learn so much reading the threads!)
Thankyou again, Suz 🙂
October 13, 2020 at 19:13
I got visa 29th September 2020, should l pay my 220 immigration fees and make arrangements for traveling now?
October 13, 2020 at 22:08
If I were you I would wait until the election. For the $220 you can pay that after you enter, so why pay it now?