Judge Mehta has issued his final order on the DV2020 Gomez lawsuit. Previously he have issued his opinion that explained he planned to order the issuance of the visas, BUT he had instructed the government and plaintiffs lawyers to discuss and hopefully recommend a timeframe for issuance of the visas. That was the main thing we were waiting for, and that is what has now been resolved.
So let me clarify what this order will mean and what it does not mean.
First, the order says that the reserved 9095 DV2020 visas must be issued by September 30, 2022. The order originally said 9905, but that was a typo and the judge has since corrected the number later in the day. It is 9095. That is FINAL.
The order says the visas will be issued in “random” order. That is open to some interpretation, but I will explain in a moment what I believe it means. The court has not said how the visas will be prioritized, and has said the court will not “micromanage” the process.
OK – so what does this mean. Let’s do some Q&A
Q1. What will the random order mean?
A1. This could mean a couple of things. Theoretically they could refer back to the case number which was the random order already assigned to the case. That’s is as described in the law. However, all cases in DV2020 were current, so in that scenario the case number is no longer important, but order of processing is driven by the date the case became documentarily qualified. My guess is it will be DQ date, but given preference to cases already interviewed (that were on AP), already scheduled and so on. Then they would move to other cases based on DQ date. Now – I don’t know that for sure, and I don’t know how many cases/selectees are DQ for DV2020.
Q2. When will the visas be issued?
A2. I suspect there will be a delay while the government figures out how to operate this order. Theoretically the government could appeal this order, they have 30 days in which to start that process, so we can expect a delay until at least mid November.
Q3. What will happen to cases not already DQ?
A3. AS I mentionioned I do not know how many cases are DQ, so I don’t know whether cases that are DQ’d could take all 9095. We have to wait and see.
Q4. Will they divide visas by region or by country?
A4. I don’t know. It is possible they could allocate the visas in some predefined proportion based on regions. Countries have no allocation, so that will not be a factor.
Q5. What about DV2020 visas that were expired and not re-issued in September?
A5. I don’t know. Chuck Kuck is trying to clarify that aspect.
Q6. How about cases denied in DV2020 because of the Muslim ban.
A6. I believe those cases could be reconsidered, yes, but we need to wait and see.
Q7. Does this help cases from DV2019 or before?
A7. No. Not for Muslim ban or any otherwise reason. This ONLY applies to DV2020.
Q8. So what can I do now – should I call the embassy or KCC?
A8. No, not yet. Wait some days because right now they will simply tell you they have no instructions. Wait.
Q9. Should I get anything ready or get a medical?
A9. Not yet. You might want to gather your documents and it you can, get your police certs updated, but do not spend money on documents or medical yet.