I am going to listen to the hearing and capture notes here as the hearing continues. I may only be able to attend for one hour, so after that I would appreciate if others can add comments about progress. BUT to keep it clear, please HOLD YOUR QUESTIONS until after the hearing has ended, so that the only comments are people adding notes for the benefit of those who cannot listen in.
You can refresh this page for live updates.
My time notes are based on my time zone – Pacific.
I will use the following abbreviations:
JM – Judge Mehta
Gov – Lawyers on behalf of the government
PL – Plaintiffs lawyers which may be one of several different lawyers.
Lawyers for PL in speaking order:
10:07 – Technical difficulties causing a small delay.
10:09 – Charles Kuck is probably firing his IT guy right now.
10:12 – sounds like the hearing will last at least 90 – 120 minutes.
Just setting up the call order for the multiple cases that are being heard today.
10:16 – JM microphone is rather muffled
PL explaining that they accept the EO was “properly implemented” but the intent or effect of the EOs was the problem
10:21 – JM looking to clarify that State is not adjudicating visas at the moment and PL refers to some of the disclosed documents/cables
PL pointing out that although a handful of cases were adjudicated that is still a huge block on the vast majority of cases (remember this is about DV and non DV cases)
PL making the argument that the administration overstepped their authority when they stopped adjudicating cases, when the administration only had rights to stop entry (and therefore should have continued to adjudicate cases).
10:27 JM questioning the “mechanics” of how the entry versus adjudication would work.
JM said it makes sense that DV cases would want to be awarded the visa (whilst not being able to enter the USA), whilst the logic may not apply to other types of cases. He is “testing” the theory to see the scope or power of the argument being made.
JM clearly understands the unreasonable delay aspect of the case which particularly relates to DV.
JM asks for DV cases – what are you asking for – what remedy? PL responding that they want to force the government to adjudicate cases (expedited).
JM/PL discussing the addition of additional eligibility requirement (national interest waiver) – which PL is describing as incorrect.
JM clarifying that congress has power to add conditions, but asking how the Sec of State can do that. For example – could the SoS unilaterally add a rule whenever they feel like – did congress give that authority?
PL explaining that withholding of issuance is an additional “condition” – which is unlawful. JM directs PL to refer to that part of the complaint.
10:39 – moving to Charles Kuck. Go Charles!!!!
Thank you Charles for pointing out the muffled tone.
10:42 – Charles explains that the “slowalking” of cases started BEFORE the COVID crisis. He is absolutely correct – and that reveals the bad intentions of the administration.
Charles pointing out that embassy staff have remained at posts around the world. NZ, with no COVID cases, they have not been adjudicating cases – why not. Clearly bad intent.
YES there are cases in NZ – they had 181 winners for DV2020
Charles Kuck pointing out that administration took advantage of the COVIOD crisis for achieving what Trump really intended – to take away the rights of the selectees.
JM now probing the setting aside of visas to next year. This is important!
Charles Kuck describing the request that because of the bad faith causing the delay, that should not benefit the administration in achieving their obvious goal.
JM is describing the statute (law) that does not allow the visas to go beyond the deadline.
Charles Kuck argues that the bad faith means the court has the power to extend the deadline.
Charles Kuck asking for two orders.
- Mandate (force) the government to adjudicate the visas before the Sept 30th deadline.
- If that cannot be done – then extend the deadline (retroactively issue the visas)
10:54 someone needs to mute!
10:56 PL speaking clarifying that emergency measures can be implemented.
JM asking why make this a class – RU making the point that an injunction should be across the board – therefore fair to all.
PL pointing out that administration sought to rewrite parts of the INA (law on immigration), and therefore the EOs were invalid.
Exploring a Hawaii case to test the separation of powers construct.
JM trying to explore the central point about admission versus eligibility
JM is convinced that 1182F gives the power to block ENTRY into the USA. The DoS used that power to justify stopping adjudication/issuance of the visas.
Some discussion about other examples where the administration can do things “in the national interest” PL making the point that this is not intended to be “universal” in scope.
Delegation meaning congress delegating powers of administration. There should be some restriction/limit on this, otherwise Congress will have delegated all their powers away – and that clearly is not what the constitution intends.
11:15 new PL starting to talk about the “Panda case”. This case is not DV related. But similar arguments will be made.
Clarifications about the wording of the proclamation. This is about people that were H1-B employees – they travelled outside the USA, and now needed a “travel document” to allow their travel. These people HAVE H1-B status – and were already working in the USA. The Panda case should be a slam dunk.
Panda case still being discussed. Interesting – but not related to DV.
11:30 JM is going to take a 10 minutes break. They will resume shortly.
11:40 – about to resume.
GOV – introducing themselves.
JM asking PL lawyer Mr Weldon a question. Why do they need/deserve emergency relief (a special process) rather than standard processing.
Weldon answers because of the time pressure.
Back to DoJ lawyers
The following will be the GOV arguments against each of the suits.
GOV confirms their earlier mistake that only 12k visas have been issued – their earlier answer was misleading, because they don’t understand the subject very well, frankly.
GOV challenging “standing” or lack of evidence provided by the plaintiffs. JM not likely to accept either of those points.
Wow – Trump’s A team of lawyers must be busy paying off strippers.
JM is asking whether 4 weeks is enough time to issue the visas. It’s not enough time – but that is because of the administrations decisions.
GOV trying to say the embassies aren’t open – JM points out that could be dealt with…. (he is referring to imaginative measures for example video interviews).
GOV refers to Gomez case as being problematic because there are THOUSANDS of DV cases – too many to be handled as emergency. JM clearly understands that at least some cases could be handled – therefore there is that aspect of standing.
GOV is saying “this is a lot to ask”. And that the burden is on the plaintiffs. JM asking tough questions – making the point that adjudicating the case should be possible – the plaintiffs don’t need to show they would win.
GOV is blaming COVID. And the dog ate their homework. Like the earlier New Zealand argument, JM now pointing out Japan is able to work.
Another GOV lawyer starting to talk. JM looking to establish that the proclamation/EO can be challenged if the effect is unlawful.
Ultra Vires = “acting or done beyond one’s legal power or authority.”
JM pointing out that processing & adjudication was stopped for DV applicants – GOV describes it as a “pause” because these are not “mission critical”.
GOV saying the DV visas will not be processed in the next 5 weeks because of the proclamation. This is important to establish harm is caused.
GOV referring to 1201(g)
(g) Nonissuance of visas or other documents
No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law, (2) the application fails to comply with the provisions of this chapter, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 1182 of this title, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 1182(a)(4) of this title, if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 1183 of this title: Provided further, That a visa may be issued to an alien defined in section 1101(a)(15)(B) or (F) of this title, if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 1184(a) of this title, or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 1258 of this title, such alien will depart from the United States.”
JM probing the issuance of visas as different to entry. JM pointing out that 1202 is about ISSUANCE, whilst the administration assumed powers under 1182(F) – regarding ENTRY.
Just to point out – the Judge will also probe from both sides. When the plaintiffs lawyers were talking he gave them challenging questions from an opposing point of view. He is now doing the same to probe the GOV lawyers. Sounds like he flipped – but that is normal.
JM asking GOV to point out where the law says the administration don’t have to adjudicate – when the GOV lawyer paused, JM says – “don’t worry, it’s not there”. Haha!
GOV making a circular case that people can’t be issued, because they can’t be interviewed. Sheesh. Why is that? My twelve year old argues better than that. Mind you, to be fair – they don’t have much to defend on.
JM clarifying that there were new criteria introduced. Again, that is an important point. He is boiling the arguments down to specific points. To simplify the arguments to be able to rule on clear points.
GOV trying to say no new eligibilities were introduced – JM asking for the law that explains that, in respect to H1s as an example.
JM putting another example about blocking immigrants if Trump says they commit more crimes than existing residents (known to be incorrect). Hypothetically, could POTUS block immigrants for that, and could a Federal Judge block that action. JM trying to establish whether there is ANY limit on POTUS’ power. There is, by the way – and JM knows that.
JM back to the point that there should be some evidence that justifies the EO action. GOV says none is required. JM may or may not accept that argument.
They are talking about non-reviewability. JM believes that applies when a case has been adjudicated.
Now moving to separation of powers – GOV says this is like the visa waiver program – an earlier case. JM asks for explanation of why POTUS should have such wide powers.
12:42 GOV trying to articulate their position. I wish they would.
Just understand, JM might ask questions that seem like he doesn’t understand the laws involved. He does.
JM can see how 1182(f) about entry makes sense that POTUS has that power, but that is NOT about adjudicating cases.
JM trying to summarize.
JM trying to follow up on why GOV feels DV should not be treated as emergency cases like some other visa classes.
GOV trying to say the EO was clear, JM points out that DV was not called out for especially BAD treatment. So – age out cases for example should be the same as DV – both deserved emergency treatment. To be clear, DoS decided things based on what they assumed Trump wanted or were told. JM asks whether there is documentation that explains that rationale.
GOV again making the case that they can’t be expected to do a lot of work. Poor darlings. JM pushes for where the administrative record documents that rationale.
Oh man, GOV just introduced arbitrary and capricious, dangerous ground with this POTUS.
Going to take another break of 5 minutes then wrap up with rebuttal arguments.
OK – we’re back.
JM asking for “national interest exceptions” clarification.
GOV says some worker visa categories and some family visas are qualified for the “national interest exceptions” and mission critical cases.
PL pointing out at least one case in NZ – because this goes to the earlier point that NZ could have been processed in NZ – and therefore the cases are being treated arbitrarily. There should be equal treatment under the law.
PL continuing to make some follow up points of rebuttal to the earlier points by GOV.
PL making a clear case of the capricious and arbitrary nature of the administration/Trump.
CK rebuttal – again – pointing out that there are people that are being harmed and could be helped, even without the embassies being open. This tears down the case that this is not about COVID.
CK points out that the Trump versus Hawaii case is being misquoted/misinterpreted – and by doing so, affecting law. Strong point.
CK also points out the unequal treatment of cases being issued in some countries and not in others.
Jesse Bless (AILA) talking about standing.
He is clarifying that congress constructed the laws carefully, and Trump is clumsily throwing this away. Pointing out inconsistencies in the treatment of people under the proclamation.
PL continues to point out how the GOV lawyers have been unable to defend the actions.
The hearing ended. I will post a video asap.
It would be hard to imagine that the Judge would not find standing, harm, and so on. I mean it would be hard to imagine that we don’t “win”. However, the question is – what remedy will there be. If the deadline is still in place, only a few cases can be helped. That would still be worth it, in my opinion, but obviously the bigger concern is the deadline and how people will be affected if we cannot get an extension.
I think it will be a few days before we get an answer – hopefully by the end of next week.
August 28, 2020 at 09:11
Hello to everyone following Brit Simon, while we are are waiting for Divine intervention for ruling to favor all, while we are profoundly grateful to BS for the incredible work he is doing for us, let us all express gratitude by making a financial donation to him. Thank all for understanding.
August 28, 2020 at 11:04
JM asking GOV to point out where the law says the administration don’t have to adjudicate – when the GOV lawyer paused, JM says – “don’t worry, it’s not there”. Haha!
August 28, 2020 at 19:56
I know. That was awesome.
August 28, 2020 at 12:11
hello our very dear well done brit, again thank you for your work excuse me i did not follow the audience, please could you give me a brief summary of the audience thank you very much.
August 28, 2020 at 16:07
Watch the youtube video above
August 28, 2020 at 15:43
Does october is already lost for intervies for dv 2021 ?
August 28, 2020 at 21:39
August 28, 2020 at 23:35
Thankyou Britsimon! We are caught in the middle awaiting to see whether our once in alifetime opportunity actually comes off. We appreciate your generosity of time and all the effort you and the lawyers are going to, to help people like us.
August 29, 2020 at 02:44
If you US citizen or lawful permanent resident who has family member or friend who is #dv2020 winner, ask your member of congress to change the law- and extend the 9/30 deadline. Find them here:
August 31, 2020 at 08:36
Shared! ✅ thank you!
August 29, 2020 at 03:26
Hello Simon, this is Jonathan, DV2020 winner. Thank you so very much for your time, effort and detailed notes; I read through it last night. In light of the time urgency, and this may seen naive, but would you suggest that I contact through email the U.S. Consulate-General in HK regarding my specific case? Presumably, they are aware of these lawsuits taking place. I have probably mentioned this previously, but their website has made no mention of DV2020 situation, simply stating,”The delayed opening will not negatively impact our ability to pre-process and schedule DV-2021 interviews, which are scheduled to begin on October 1, 2020.” At least, I can contact and give the consular folks there a heads-up about my case and general DV 2020 situation? Thank you so much.
August 29, 2020 at 04:00
You can do what you think will help your case.
August 29, 2020 at 07:24
Thanks again Simon, I’ll do that. As mentioned before, I’m in that ‘Group 3’ category, so my case and pertaining documents should be at the Consulate(I initially had a May interview scheduled).
August 29, 2020 at 08:54
Bro, let’s have the full hope of the Almighty Allaah, we’ll surely succeed and get to the USA in peace. All of us are worried now but through the mercy of the creator of creations we’re very! Very! Optimistic of a TRO in the coming week through the Will and mercy of the Almighty Allaah.
Special thanks to Brit and the entire AILA team. We’re very grateful for their outstanding work.
Much praises and thanks to the Almighty Allaah.
August 29, 2020 at 07:24
Does this means that 2020 winners have still chances??
August 29, 2020 at 16:32
We are waiting to hear the outcome.
August 29, 2020 at 08:55
Brit, is this normal that at ceac.state.gov I can’t check out my case anymore? It tells me that my search didn’t return any data. Every DV2020 is like that from now on?
August 29, 2020 at 16:34
No, that is not normal. Are you removing leading zeros?
August 29, 2020 at 10:07
what about this? aby thoughts?
Update in Aker v Trump – re: the government opposition the class certification for expired DVs.
If you followed the drama on Twitter with their original filing, the government found their missing declarant, Michael E. Yohannan, and filed his declaration.
It says gov has re-issued 5 visas to expired DVs in that case, potential class representatives, since Charles Kuck filed class certification motion was filed on 8/13.
August 29, 2020 at 16:33
Where did you find this? Can you please attach link.
August 29, 2020 at 18:53
August 29, 2020 at 16:38
August 29, 2020 at 14:08
what exactly a kind of remedy would benefit dv2021 to start the process faster? Or in general how would the decision affect dv2021
August 29, 2020 at 16:45
Well the current ban blocks the first three months of DV2021 processing AND could be extended. WE have already lost the first month of processing, so a win might get us back the remaining 2 months of 2020 and lessen the chance of the extension of the ban.
August 29, 2020 at 14:20
First, I would like to thank you for your kindly support. I am DV 2020 winner (Case number 2020AF00020xxx). I am now in USA starting August 27, 2020 but my wife’s case stopped due to the ban and COVID-19 effect, and we have a baby boy by August 25, 2020 which is not included in the process. What do you advise me to process my wife and baby cases?
August 29, 2020 at 17:29
It’s hard to advise you without you being more clear.
Did your wife have the visa? When does that expire?
Is it simply that the baby was born after the visas were issued?
August 29, 2020 at 18:07
My wife was at the interview but she was requested to submit medical result (due to this the process was suspended and then the ban impacted). Yes the baby is born at August 25, 2020 (this time embassy is closed).
August 29, 2020 at 18:15
OK, well hopefully the ban will be blocked and you would then provide a NEW medical to the embassy and they could issue her visa. They might also need a medical for the baby. I suggest you watch the updates about the hearing and contact the embassy as soon as we get a positive result.
August 29, 2020 at 18:48
Thank you very much indeed.
August 29, 2020 at 18:58
Hello please I am also a DV2020 winner but currently am in US from Ghana. And I have the same case as u have but me my wife was issued a visa before her birth but due to the pandemic she couldn’t travel and her visa got expired so I am just praying that we get a good news by next week so that they can reissue the visa to my wife and a traveling document for the baby for them to join me.
August 30, 2020 at 20:44
Yes, we are waiting for the good news.
August 30, 2020 at 18:44
Please could you drop your email here so as to communicate something for which I am searching a solution??
August 30, 2020 at 19:42
August 29, 2020 at 18:36
My case number is 2021AF35xxx!
I have filled the the ds 260 form since july 24th but still they do not send me a link to send my supportive documents. For how long will it take to be send a link to send your supportive documents after filling the ds260 form?
August 30, 2020 at 13:10
Was there any specific dates set by the judge to give final verdict on the current lawsuit?
From the information I got from you and Curtis Morrison sounds the same but with slight differences because Mr Morrison was saying either this week or week after. While you said it likely by the end of this Coming week.
Thanks for your outstanding and humanitarian work. No one can pay you but Only the Almighty Allaah is able to reward You for these work and He will sure reward with good.
August 30, 2020 at 14:31
August 30, 2020 at 15:39
for DV2020 this was written on twitter by Curtis Morisson, one of the lawyers for DV2020 noban case.
“If you US citizen or lawful permanent resident who has family member or friend who is #dv2020 winner, ask your member of congress to change the law- and extend the 9/30 deadline. It is important that you ask them to change the law, and not check the status of the applications at the consulate, which is a waste of everyone’s time. Tell them you want a legislative solution. After you do this, hit up your US senators. Every state has two.”
August 30, 2020 at 16:04
Simon , let me be honest to you , I am the winner of 2020 DV lottery , I tried several times to complete me ds 260 form but always the site shows me that my confirmation number is invalid according to the report there is still a hope we never know what tomorrow may brings , let ask you few questions
1. from you is there any hope once they unblock the ban for 2020 dv even if the time will gone over 30 sept
2.i am still now trying myself filling up ds and I had removed zeros in my case number and tried again to replace0 by letter o and 8 by letter b but still the sites shows me that my confirmation number is invalid ,
is it because time has gone or expired time for completing DS 260 FORM ? otherwise I have FROM NOW ALL REQUIRED DOCUMENTS
3 . Can I still trying ?
4. hopefully to my opinion my confirmation number has a problem that I don’t know CAN consular center help me with that case for now so that i can complete my DS260 form and wait for the US gov to unblock the ban ?so that at least I can be schedule to the interview once it happens
5. simon be honest to me can you advice me what to do for now ?
August 30, 2020 at 17:28
You have left this far too late. This could not have been that important to you, so being honest, I suggest you forget about it whether the ban is blocked or not.
August 30, 2020 at 16:52
I genuinely want to thank you for the information you’ve been providing us. I received an email from the embassy 20th August that they are ready to reissue my visa. Plus I need to do my medical and visa fee. Scheduled an appointment on 2and of September. Thanks once again for you gave me strength to keep sending them emails about my situation and that the ban did not cover me. THANK YOU. HOPE FOR THE BEST.
August 30, 2020 at 17:31
OK good news. Sometimes you have to stand up for yourself.
August 30, 2020 at 17:40
Hello I’m happy you get your visa reissued 🙂
May I know which country you are from? I didn’t get the interview yet it was canceled twice I’m still waiting on the judge to make his decision. I am from France
August 30, 2020 at 17:40
I would be honored to know your detail information sir. Which country And when was your visa expiry date.
My embassy is not willing to re issue my visa.
August 30, 2020 at 17:59
What country is that that is refusing to re-issue? When did it expire?
August 30, 2020 at 19:04
Nepal sir. It expired on April 16. They reissued visas of other applicant whose visas were valid upto April 23.
August 30, 2020 at 20:40
Hello Hera please which country are u from.
September 2, 2020 at 13:11
Hi HERA, which country, if I may ask?
August 30, 2020 at 18:16
Hi Mr. BritSimon,
First of all, I rape you for your assistance to us.
I just read from a lawyer on YouTube that the judge will give his decision on Tuesday is that true?
August 30, 2020 at 19:04
Well no need to rape me…
The judge has not set a date for the decision.
August 30, 2020 at 22:08
hahaha….this is funny
August 30, 2020 at 22:11
August 30, 2020 at 19:04
Can you please help me with a reply!
My case number is 2021AF000352xx
I have filled the ds260 form since in July 24th but still i have not received a link to send my supportive documents .
My question is for how long does it take to be replied after filling in the ds260 form ?
Please reply me !
August 30, 2020 at 19:49
Helo Brit please I had a visa with my wife in March 3rd and it was also expiring on the 4th of August and during the Interview my wife was still pregnant before we took our visa package and due to the pandemic she couldn’t travel with me to the US. Can the embassy reissue the visa for my wife and the baby for them to join me.
August 30, 2020 at 22:41
you have been asking me multiple times since the baby was born. I have told you what to do and you just ignore it every time. I’m tired of answering you. Read one of the numerous replies you already had.
August 30, 2020 at 23:30
sorry for worrying you about this all the time since am in US now you are my daddy so I can disturb u with what ever is worrying me here. So please forgive me. Because we sent all the baby’s documents to the embassy and we didn’t get any reply showing that they will issue her with the traveling document. Forgive me once again.
August 30, 2020 at 23:48
Well now you should do all you can to get them to re-issue the visas. Get on with it – you need to figure this out.
August 31, 2020 at 01:58
I hope you have spent wonderful weekend. I am trying to get my 1st notification letter (the one that says I have won the lottery), but once I check the entrant’s status, I can see the 2nd notification letter only. I really need to have the 1st letter, but I can’t. do you know how I can retrieve it? Please help me.
On another note, I am keeping fingers crossed for Judge Mehta’s decision. Let’s pray for the best. It was such a hard time for all of us.
August 31, 2020 at 05:41
Hi Brit I hope you have spent wonderful weekend. I won the lottery 2020 )note, I am keeping fingers crossed for Judge Mehta’s decision. Let’s pray for the best. It was such a hard time for all of us.thanks ????
August 31, 2020 at 18:53
Once you have the 2NL you cannot retrieve the 1NL.
September 2, 2020 at 04:02
I won DV lottery 2020
Received 1st letter
Received 2nl letter n waiting for interview bt at this time we have very certin time (Sep 30 )so (finger crossed) .
What happens now? Brit??
September 2, 2020 at 17:30
We are waiting for the lawsuit outcome.
August 31, 2020 at 12:34
Background: I’m a DV-2020 selectee from Oceania. For complicated reasons, I wasn’t sure if I was going to apply for a green card until March 2020, when I decided I would. My case was set to become current in April 2020. I was about to send KCC the documents and submit the DS-260, but then the consulates shut and I held fire. The reason for this was that I understand that submitting those documents is considered an act of intent to immigrate, which could make things difficult in the likely scenario that I apply for a H-1B visa in the future (assuming no green card).
Question: I see from the litigation that there is a possibility that the deadline could be extended. Based on the way the case is pleaded, do I need to submit my documents to KCC and submit the DS-260 before September 30, 2020 in order to preserve my case for any extended deadline? Or would any DV-2020 selectee likely be able to apply in the extended timeframe?
Thanks so much!
August 31, 2020 at 20:19
Impossible to answer unless we have the court decision.
September 1, 2020 at 12:26
Hi Brit, I am a dv 2020 winer with case number 2020AF00058×××× I submitted my documents since January 2020 since then I have been trying to get hold of KCC to find out if they are satisfied with everything but to no avail. It’s because I included the leading zeros when summoning the documents? Please help
September 1, 2020 at 19:26
Not necessarily. A number of people are i the same situation, but there could be various explanations for that. However, right now everything is blocked because of the immigrant ban – so we are waiting to hear about the lawsuit.
September 1, 2020 at 01:36
If the deadline extend from 30 september. Is there any hope for cases that have not get 2nl but only receive document confirmation email. Is it necessary to submit new police certtificate. Previous submitted has crossed more than 9 months. Thank You simon for your effort.
September 1, 2020 at 03:31
a pc last 12 months.
September 1, 2020 at 12:02
I hope you are well.
Does this lawsuit concern only the DV cases? Will family-based visas benefit as well If a TRO is granted?
September 1, 2020 at 19:20
It depends on the judgement. There are parts of the lawsuits that address non DV cases.
September 1, 2020 at 20:29
Thank you, Brit!
September 1, 2020 at 20:30
Hi BritSimon, warm regards and thank you for working and fighting on behalf of thousands of DV selects and being a messenger and a leader for us.
– so,after 7 months of approved visa interview ,Embassy finally send this email to me, does this means that embassy has finally opened for service ? …because untill today their response was embassy is closed.
– I also know that as of today our medical report has already expired and rest will depends on the outcome of the case.
here is the section from the email
( “This is to inform you that a consular officer found you ineligible for a visa under Section 212(f) of the Immigration and Nationality Act, pursuant to Presidential Proclamation 10014 and Presidential Proclamation 10052. Today’s decision cannot be appealed.
Taking into account the provisions of these Proclamations, a consular officer has determined that you are not eligible for an exception. Please note that all DV-2020 entrants who were selected must be found eligible for, and obtain, their visa by September 30, 2020. This deadline cannot be extended. This same strict deadline also applies to spouses and children of principal applicants. It is unlikely we will be able to issue your visa by the end of the program year on September 30, 2020.” )
September 1, 2020 at 21:15
THat email says nothing about being open or closed. But that is not the point – the point is you cannot get your visa at all because of the immigrant ban. So – if the lawsuit is won you might be able to get a visa – but you will have to wait for the outcome of the lawsuit.
September 2, 2020 at 00:50
Hi Mr brit we are runing out of time. , any update about the final decision on the embassy reopening and interviews reschedule .
September 2, 2020 at 02:26
September 2, 2020 at 18:11
I think we have lost our chance 🙁
September 3, 2020 at 07:56
If the lawsuit outcome turns out becoming a positive one, are we still required to fill out the public charge form and present it at the interview? They should be able to use their brain and guess now it’s not a good time for a friend or a relative to be able to help out with the sponsorship form but…… And if you switched your occupation or went from unemployed to employed due to this blurry future scope, do one must correct ds-260 form and re-submit it?
Many thanks for your valuable insights.
September 3, 2020 at 20:42
It is not up to them to “use their brain” – they implement the laws. Public charge has been a part of immigratuion law for many years – so yes expect to have to satisfy that question.
September 3, 2020 at 08:17
Dear Brit. Accept warm regards from Cameroon. I really thank you for your kindness towards all DV 2020 in particular. I assure you that it won’t go unrewarded . You are a good man .
I just wish to make an assumption with regards to the court judgement. I just have this feeling that the Judge may want to delay the judgement so as not to give any impression for the government wanting to treat the remaining case within this very short time frame in that light still leaving out Many people.
I believe he will delay until around mid September and above bfr passing his judgment which will likely be an extension of the 2020 DV or a special treatment for our cases.
What do u think please?
September 3, 2020 at 20:43
I don’t think you or I have any indications to allow that sort of speculation.
September 3, 2020 at 10:54
Hello Brit thanks for everything, is it possible for the judge to give his ruling this week?
September 3, 2020 at 20:43
Yes. Or later. Anything is possible.
September 3, 2020 at 18:29
Dear Brit , may I know JM told to give his order by this Friday or it is just expection of lawyer ?
September 3, 2020 at 20:55
The judge gave no estimate.
September 4, 2020 at 17:38
It seems no any hope for American dream for 2020 dv winner
September 4, 2020 at 07:51
We have expired DV in Schengen area.
1. In case of a TRO should we contact the embassy immediately or some days later?
2. We didn’t have to fill a form about public charge only had to bring with us to the interview our bank account history for 3 months. Should we fill this public charge form?
September 4, 2020 at 19:04
2. No – you would not re-interview.
September 5, 2020 at 06:09
I’d have another question:
On the previous medical examination and in Ds260 we gave our country’s consular office address in LA. Since then we contacted our country consular office and we was told that they can’t receive our green card after we enter the States so we should find another address. We have friends in LA and they gave us their address. Can we give this address on the new medical examination? Wouldn’t be a problem when we send our documents to the embassy that this address is different from the previous one?
September 5, 2020 at 13:47
No problem, update it at the interview.
September 5, 2020 at 14:47
I have expired visa so I hope I shoudn’t go for an interview.
Other option to give the old address on medical and change it when entry the US.
September 5, 2020 at 15:17
September 4, 2020 at 18:51
Brit Say something please ((((
Is it possible the judge gives decision in Octoberor late September? They are really playing with us. That’s the same as winning money, but being denied payment. That is so unfair. Especially after all these days, letters, hiring lawyers…. That is so illegal….
Does the Judge have some sort of deadline to provide answer?
September 4, 2020 at 21:48
Oh my. Again. The judge will take the time he needs. That’s all. Please stop asking me variations of the same question.
September 4, 2020 at 23:00
Did you see the court documents? 85 pages long . I am reading now.
September 6, 2020 at 08:32
According to your opinion I sent a email to embassy in Sri Lanka with in your format but embassy has replied as following
Thank you for your email,
Our office has not received any instructions to process DV-2020 visas. Please check regularly below websites regarding updated information on visa restrictions.
U.S. Embassy to Sri Lanka and Maldives
(94 (0)11.249.8500 * [email protected]
September 9, 2020 at 13:09