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.
|DV2020 Named plaintiffs||Government 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 cases||The 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 countries||As 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,|
|People in countries where embassies are closed and travel to other countries is not possible||There 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.
- Complete the AILA form which is gathering information to present to the Judge, and perhaps to ask for an extension. The link is here
- 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
- 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.
September 17, 2020 at 01:29
And here in Nepal as i went for my new medical, the officials there, have told me that embassy have instructed them to prepare total of 600 appoinment to be schedule. So i hope at list 600 visa will be granted from Nepal till the end of September 2020.
September 17, 2020 at 02:34
That sounds about right. BUT March and April has 416 interviews in Nepal – about 700 people. Some would have been processed in early March so just to get through rescheduled interviews would be about 500 people in KDU. Add in some re-issuances and AP cases, and that will absorb the 600 medical slots. That won’t leave much left for group 4 cases.
September 17, 2020 at 06:39
Hope judge mehta will extend dv2020 beyond September 30 so all remaining cases can benifits from it.
September 17, 2020 at 05:12
Till which case nomber have been reschedule
the embassy of nepal.Any idea i’m group 3
September 17, 2020 at 06:43
I dont have official data to tell upto which number has been scheduled, my case num was 85k so it must be around
September 17, 2020 at 03:00
I’m mistaken about the number of selectees in my country. At the end of the VB September page it says “ The following is the statistical breakdown by foreign state of chargeability of those registered for the DV-2021 program” with the numbers and countries.
Where can I find the number of winners Of each country for DV2020.
September 17, 2020 at 03:08
I just googled and got the answer!
Around 130 cases in my country! Can’t they do all of them in 1 month!!!!
Approximately 6 or 7 people per day! And that’s if all of them show up!
This DV journey has been a roller coaster amidst everything going on, it’s driving me coocoo ?
September 17, 2020 at 08:23
Thanks for your assistance.
I am a named plaintiff in the Gomez v trump case I have written to my embassy but I have not had a positive reply
I am in group 3. What should I do?
September 17, 2020 at 19:17
Phone them. Email them. Push.
September 18, 2020 at 06:21
Hi Brit. Thanks for the many sacrifices, but this unfortunate that, KCC and local embassies have refused process cases since judge order on the 4th, you emailed them and even call them, normally they tell you, they are not open, and period. I am speaking about the embassy in Liberia where there are normal situation
September 18, 2020 at 18:03
Yes there are a few very frustrating embassies right now.
September 18, 2020 at 08:25
I have done all that but no positive reply
I phoned the embassy and I was told they are dealing with 100 emails a day and I should be patient the last email I received told me they will only schedule interviews for the plaintiffs and I wonder why mine hasn’t been scheduled because I am one of those.so I guess I’m stuck.
September 18, 2020 at 08:27
I was also told to get in touch with the visa section through email when I called which I did. So I don’t know if I should call the visa section or what.
September 18, 2020 at 18:08
Keep trying there is still some time.
September 17, 2020 at 12:01
Hi Simon, even though our visa has been approved, in CEAC Data It’s showing “Refused” status and Case Last Updated: 16-Sep-2020. is this a mistake? do we have to inform embassy regarding this matter? thanks
September 17, 2020 at 19:32
The cases sometimes show “refused” for a short time just before the status changes to issued.
September 18, 2020 at 13:09
Hi simon, I’m from Nepal. My interview was on April 22 and i have send mail to embassy to reschedule my interview but they haven’t reschedule my interview yet. I have heard that they have only reschedule interview of April 6 till now and they have already schedule till 28 September.
September 19, 2020 at 00:26
Yes they may not have time to get to you. Hope for an extension.
September 19, 2020 at 17:12
Thank you very much Mr Brits, you’re giving help to the helpless. We when to the American embassy in Cameroon on the 15/09/2020, though all our documents were complete and ok but I was refused the visas with my family reason being that, first, the consular officer argued that I played alone and added my son and wife which I strongly denied and asked him to check again, He recheck and indeed confirmed that I played with my son but he’s not seeing my son’s photo at the level of the entry, because I played with my son, I mistakenly use my photo twice, that is, I use my photo in a place where my son’s photo was suppose to be and my son’s photo didn’t appear that’s what the consular officer told us, so my photo appeared twice. So confused at that juncture helpless and heart broken.
Mr Brits can you advice me on what to do next, whether to repeal or just wait and play 2022 again. After everything I’ve gone through oh Jesus Christ help ?
September 19, 2020 at 17:36
You can’t appeal. The denial is correct. Did you not realize you had used your photo for your son?? If you had told me that I would have told you that denial was certain.
September 19, 2020 at 19:26
I didn’t notice it, I quite remembered that I put both photos before submitting it, surely I made an error Oh my God ?. However, it’s gone. 2022 is a few weeks to come. Thank you so very much
September 19, 2020 at 17:21
Even their reactions when I told them that I’m from China, was not really encouraging at all, for me living in China doesn’t make me a Chinese,
We should learn to live in harmony, the world doesn’t belong to anybody except the Almighty God. Human being may fight, put boundaries but yet the whole world remain constant. oh my ?
September 19, 2020 at 17:27
I did medicals twice, that’s about 1700dollars, the first one expired without us using it and we when in for another one.