OK – as you all know we won an order that helps DV2020 cases be processed. However, there is some confusion about the current position, so let me clarify that and at the end of this article I want to make clear the three different legal efforts still going on that you may want to participate in.

ScenarioCurrent statusNotes
DV2020 Named plaintiffsGovernment is prioritizing processing for these cases, but they could still be affected by the other bans (such as Schengen etc)This means the 7 people on the AILA case, all the people named as plaintiffs on the Charles Kuck and Curtis Morrison cases
DV2020 Group 1, 2 and 3 (previously issued, AP, and cancelled interviews)Embassies control these cases and embassies are mostly working to accommodate these cases – but again could be affected by the other bans (such as Schengen etc)Selectees should be contacting embassies directly and, arranging medicals etc.
DV2020 Group 4 (ready for scheduling) KCC are expected to move their attention to these cases once the named plaintiffs have been handled. However, it is likely there will not be time to help all of these cases by September 30th, 2020. The Judges order says the government should use “good faith” efforts to help DV2020 cases, that is NOT an order that they must process ALL cases by the deadline. It is likely that KCC process these cases in case number order since they need some way tom determine who they can help first.Selectees should be contacting KCC mainly but may also get help from the embassies in a few cases.
DV2020 Group 5 (not ready for scheduling)These cases are considered “not documentarily qualified” – which means they are not ready to be scheduled. Given the other priorities and the lack of time, I do not believe any of these cases will be helped unless they are named plaintiffs. The only hope for these cases is an extension of the deadline.
DV2021 casesThe judges order does not block the immigrant ban at all and does not help DV2021 cases. If KCC continue processing as they have, they will not schedule any cases for interview until January (2NLs in November). That will leave 9 months remaining for processing.
People affected by the travel ban 3.0 (Muslim ban)These bans have been challenged through the courts, right up to the Supreme Court, and allowed to remain in force. That means people from these countries cannot generally receive their visas, except for a few exceptions. Includes nationals of:
Iran, Libya, North Korea, Syria, Yemen, Somalia, Eritrea, Kyrgyzstan, Myanmar, Nigeria, Sudan, and Tanzania. Also certain gov officials from Venezuela.
14 day restricted countriesAs of today the government is denying issuance for anyone in these countries. This includes ALL groups above, including named plaintiffs. The lawyers are fighting that decision and there is a hearing taking place on Monday Sept 14. Includes Schengen area (26 countries), UK/Ireland,
China, Brazil
People in countries where embassies are closed and travel to other countries is not possibleThere are people in countries where for one reason or another the US embassy is closed, but travel restrictions mean it is not possible to go elsewhere to interview. The Judges order offered no solution for that, since the restrictions in this case is the responsibility of foreign governments. These people can probably only be helped by an extension of the deadline.

I hope the table above explains things in a simple way. Please study it carefully to figure out which notes apply to your case.

Lawsuits you may want to participate in:

Right now there are three efforts to gather more details to file additional lawsuits either to give information to the Judge on the September 21 hearing, with a goal to extend the Sept 30 deadline, or in the case of Curtis Morrison 3.0 case to file a new suit to try and get an extension of the deadline. I am not going to advise you which of the suits to participate in – that must be your choice.

The lawyers need as much information as possible on how the government is handling the Judges instructions. So – there are three ways you can take action if you feel it may benefit you.

  1. Complete the AILA form which is gathering information to present to the Judge, and perhaps to ask for an extension. The link is here
  2. Greg Siskind (a colleague of Charles Kuck) is gathering information from people to potentially join a lawsuit to ask for an extension. There is no fee to join this lawsuit. That link is here
  3. Curtis Morrison Case 3.0 is being filed very soon a lawsuit to extend the Sept 30th deadline. There is a deadline to participate in the lawsuit. There is a fee to participate. That link is here.

There is a difference in strategies between the suits 1 and 2 versus 3. The first two groups of lawyers have consistently tried to argue for all selectees, not just named plaintiffs. Curtis on the other hand has always been clear that his focus is on the plaintiffs he represents. We saw from the first order that the Judge prioritized named applicants, but that is not a guarantee that he won’t act for all cases. We can’t be sure.

Finally there is a hearing on Monday to try and resolve the difficulties being placed in the way of some cases – you can listen in to that hearing if you wish. The details are here.