Hi Brit. I have the f/f questions:
1. I think some one access my case number and other components who have negative attitude for my journey to USA. So What kind of evil action he can do to make wrong on my wish to go? Here note that, I have already sent my DS 260 for my DV 2021
2. I answers as ‘ Yes’ for DS260 for the question says ” can you show the document for vaccination in accordance to US law?” But I haven’t be vaccinated.
Thank you
1. I don’t know. Keep your information private.
2. Then your answer was daft huh. Luckily for you, it won’t matter – and you will have all the vaccinations at the medical.
Thanks Brit.
I know I will have vaccinations at medical, but since I answered as ‘ Yes’ for the statement “Can you show the document for the vaccination according to US law?”
My questions is that Do I need to have vaccination document before ” interview “?
“AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, filed a motion in the U.S. District Court for the District of Columbia for a preliminary injunction to halt implementation of the Trump Administration’s immigration ban. ”
hi
a am a relative of dv 2020 winners
my cousin and her husband won dv 2020 and fill their ds 260.
now that the case is in curt, is it advisable to summit their required documents?
Hi brit
I am 2020AF00059***. I have already received the confirmation from kcc for my documents. I just had a child. He’s not yet a week old. I won’t want to travel with him just yet. What do you suggest to me in this situation? Thank you
You would normally unlock your DS260 to add the child, but given the ban and the late timing I would not suggest that. IF the ban is blocked, and IF you get an interview, then you can add the child’s details to your form at the interview.
A federal court in NY blocked the Trump administration from implementing its “wealth test” –i.e., the public charge– for immigrants while the national health emergency stemming from the coronavirus pandemic remains in effect.
We hope for more good new in Jesus Christ name Amen ?
Hello Brit
How’re you ?
I have a question
I just have received a phone call from immigration
For my biometrics appointment yay
What means my interview can be really soon ?
Hi Helena, when did you file for AOS? could you please tell me the date?
What is your status in the US? I’m also considering AOS, but still have doubts that I won’t manage…. Please give details, this would be very helpful. Thanks a lot.
Dear Simon
Thank you for all you have done.
I have had the interview on March 13. It was on 221(g) refusal for missing a document that I completed 1 week later.
They kept the Passport and till now the Status in CEAC is Ready.
What should I do now after more than 4 months?
Should I wait the lawsuit outlook and I ask the consulate about my case?
Thank you in advance.
BR
You are on AP still and the embassy cannot issue your visa while the ban is in place. So – wait to see if the challenges to the ban are successful. If they are NOT successful then you will lose your chance on September 30.
Hello Simon, one more question, what will happen if the lawsuit gets TRO and the visa status is changed to refused as in the example with @Dip, will the embassy then change the decision refused to issued or they will not consider his case at all?
Of course, this question makes sense only if we assume that the @Dip case changed its status to refused because of Trump’s ban, and that now the embassy wants to clear up all remain cases
Hi BritSimon,
Sorry ,I have question beside meng amendment….
My visa was approved in March but not Issued…untill today CEAC was showing READY but today it was updated and changed to REFUSED , so is that i am really being refused …although recent ban situation doesnot make any difference.
Thank you.
@alexander …They kept my passport also said Goodluck in America haha ….all these 4 months ,too frustating …lots of money and time spent…just cant believe what is happening, want to forget everything n thing why did i win …!!!
@Dip …. and your passport is still at the embassy? Which country is it about, I ask all this because it is the same case with me, I am still ready. Until now it was that after ready sometimes goes refused, and isued, but now the ban is in force…..
And I will take the opportunity to ask Simon, when they put you on the AP, shouldn’t the embassy give a paper that says what more information needs to be submitted in order for visas to be issued? Such as 221g form?
No – it is not required. Sometimes the need for AP is known during the interview. In some interviews the need is decided after a later review of the case. Either way it’s the same. Annoyingly this used to be more clear because there was a REFUSED status and an AP status in CEAC. Now there is only the REFUSED status (and 221(g) is technically a refusal.
Hello Mr BritSimon, it seems that some embassies are already notifying the people who were scheduled for the interview but could not because of the pandemic that they have to make another appointment in case the date of their interviews has already passed and these are the winners of the lottery 2020 is it possible?
If for some reason persons who won the DV2021 and have no real passports but managed to fill in something are denied visas, could the reduction in numbers of real winners warrant another draw? I mean if the new real winners fall below the allocated 55000?
Thank you so much for making this video and for your help. I was looking for something EXACTLY like this video to have all the updates of everything that is going on. So thank you.
I was wondering if the TRO would also help DV2021 selectees or, because there are a few months until our FY begins, by then Trump might have had enough time to prove his case and get the order cancelled?
If the ban is blocked it will help DV2021 by allowing processing/interviews in October to December. Without that there are 3 less months of interviews.
hello brit, we could have been good american citizens and served this great nation, as they already served as an example of albert einstein. then imagine that someone like einstein won the dv20.
Good evenning Mr Brit first i want to thank you for all you support and great work .
i want to tell you that iam very confused idk what to do my interview was before 3days from the lockdown until now i didnt get any response from the embassy when i ask them if my case is affected by the ban they dont give answer idk why .one of my freinds (same case as mine) went to the embassy here in Casablanca Morocco one lady told him that we just have to be patient and wait idk why they dont give us direct answer .
also i want to know if i can participate in the Curtis Morrison lawsuit (what do you think about it ) .
ps: i have already pariticpate in the AILA lawsuit.
Thanks you again Mr Brit .
they say here in the official web site ( If you were unable to travel on your issued visa or obtained your medical examination but did not receive your visa, contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued or is adjudicating your visa application to determine whether you may be issued or reissued a visa for one additional month)
( adjudicating your visa application ) does this mean my case ?
welcome . Please, I want to love this problem for me, I am a female, I am not married, I have no children, and I am not divorced. And this is included in the form. I was surprised to find that I have an added child, and that I never fill out the form, leaving the problem at a glance
I’m sorry Simon. I was thinking my question was related to your answer to her question but it was not related to her question. Weird! Anyways, thank you for your quick response! Im going through your blog … Reading your replies .. learning a lot. Thank you.
Hello Simon, thank you again for your update. I believe that I will do my part, in case interviews will be scheduled in August/Sept., and have my vaccination records ready for the laundry-list of required vaccinations(my goodness, Rubella and Polio among others were done when we were little kids) as well as start preparing for the interview. As you mentioned, we just need to be patient and keep living life to the fullest.
Simon, I hope you are and your family are safe and sound amidst the COVID-19 situation in the U.S. Here in HK, we are still battling through a rather serious spike, in part due to Quarantine exemptions for various ‘people- categories’, including ship crew/sailors. Not to get philosophical here, but at the end of the day, the most important thing is that we are all safe and in good health, regardless of what happens from now until September 30th.
Truth must be told, leaders of the USA are confused and such confusion will create a huge negative impact to the ordinary person trying to immigrant . It will be best as an ordinary person to avoid putting much HOPE into usa issues, otherwise it will delay life and also create an emotional problem.
Thanks for the 23rd July video update. One of the points mentioned in the answer to one of the FAQ posted by the embassy says, “..those holding valid immigrant visas on as of April 23 are not subject to the proclamation’s restrictions. No valid visas will be revoked under this Proclamation”. Does the above apply to our case? (Our immigrant visa was issued on 2nd January and expired on 1st June; we were supposed to travel to USA on 17 May but could not).
It means your visa was exempt from the proclamation up until it expired. Some embassies are re-issuing visas, but most embassies are saying they cannot do it. You should ask your embassy if it is possible. The lawsuits just filed seek to clarify that question.
Thanks Brit. I’ll wait till the first week of August to see if some positive news comes out of the lawsuits before I ask the embassy if it would be possible to re-issue our visa (I’m reconciled to the fact that this may not happen).
Dear Brit.As far as i understood from previous videos of Mr.Kuck and Mr.Siskind,the hearing will be on 10th of August.Am i correct?If not,then when?
Thank you in advance!
Thank you for the clarification Mr BritSimon
Now I fully understand the process of enforcing a law in the United States that goes through the Congress who is overwhelmingly Democrat then the Senate which is overwhelmingly Republican before arriving at the president’s House.
Thankyou Mr. Simon.
Do you have explanation for this section of US immigration law.
Dose it apply to DV winners
“(g) Lists
For purposes of carrying out the Secretary’s responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien’s control.”
May 2, 2022 at 18:40
Hi Simon,
I found nothing on the web.
Any update regarding the Meng amendment, do you maybe have some information about it’s status?
Thanks.
May 3, 2022 at 15:55
There is no news or movement. Honestly, it is unlikely to make it, so until that lightening strikes, don’t count on it.
August 12, 2020 at 22:23
Hi Brit. I have the f/f questions:
1. I think some one access my case number and other components who have negative attitude for my journey to USA. So What kind of evil action he can do to make wrong on my wish to go? Here note that, I have already sent my DS 260 for my DV 2021
2. I answers as ‘ Yes’ for DS260 for the question says ” can you show the document for vaccination in accordance to US law?” But I haven’t be vaccinated.
Thank you
August 13, 2020 at 00:03
1. I don’t know. Keep your information private.
2. Then your answer was daft huh. Luckily for you, it won’t matter – and you will have all the vaccinations at the medical.
August 13, 2020 at 05:00
Thanks Brit.
I know I will have vaccinations at medical, but since I answered as ‘ Yes’ for the statement “Can you show the document for the vaccination according to US law?”
My questions is that Do I need to have vaccination document before ” interview “?
August 13, 2020 at 15:48
No.
August 4, 2020 at 13:25
August 3, 2020
“AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, filed a motion in the U.S. District Court for the District of Columbia for a preliminary injunction to halt implementation of the Trump Administration’s immigration ban. ”
Source: https://www.aila.org/advo-media/press-releases/2020/preliminary-injunction-halt-immigration-ban
August 3, 2020 at 18:29
Hi sir i am dv winner 2020, from nepal
Which date will be final hearing aila lawsuit of 2020 dv case, any new update of 2020dv case?
August 3, 2020 at 22:40
Like everyone, I am waiting for news.
August 2, 2020 at 18:59
hi
a am a relative of dv 2020 winners
my cousin and her husband won dv 2020 and fill their ds 260.
now that the case is in curt, is it advisable to summit their required documents?
August 3, 2020 at 03:47
They can do so when KCC asks.
August 1, 2020 at 15:31
Hi brit
I am 2020AF00059***. I have already received the confirmation from kcc for my documents. I just had a child. He’s not yet a week old. I won’t want to travel with him just yet. What do you suggest to me in this situation? Thank you
August 1, 2020 at 16:03
You would normally unlock your DS260 to add the child, but given the ban and the late timing I would not suggest that. IF the ban is blocked, and IF you get an interview, then you can add the child’s details to your form at the interview.
August 1, 2020 at 16:17
Okay. Thank you very much
August 3, 2020 at 17:34
@Adam when you got that confirmation?
August 1, 2020 at 10:19
Hi brit so now we are in 01 august . For dv2020 winners who didnt receive 2nl , Its it over ????….please give hope ?????
August 1, 2020 at 15:13
https://britsimonsays.com/ask-questions/comment-page-485/#comment-238074
July 31, 2020 at 01:07
https://www.independent.co.uk/news/world/americas/us-politics/trump-us-green-card-application-wealth-test-judge-blocks-a9645261.html
July 30, 2020 at 08:04
A federal court in NY blocked the Trump administration from implementing its “wealth test” –i.e., the public charge– for immigrants while the national health emergency stemming from the coronavirus pandemic remains in effect.
We hope for more good new in Jesus Christ name Amen ?
July 31, 2020 at 15:14
I won 2021 DV and I completed DS 260 before 1month. Shall I take vaccination according to US law now to be ready for my interview schedule?
July 31, 2020 at 22:08
No. That will be addressed at your medical.
July 28, 2020 at 19:06
Hello Brit
How’re you ?
I have a question
I just have received a phone call from immigration
For my biometrics appointment yay
What means my interview can be really soon ?
July 29, 2020 at 01:24
Hi Helena, when did you file for AOS? could you please tell me the date?
What is your status in the US? I’m also considering AOS, but still have doubts that I won’t manage…. Please give details, this would be very helpful. Thanks a lot.
July 28, 2020 at 15:58
Hi dear Simon how can I check my status ?
July 28, 2020 at 19:59
Status of what??? Please be clear.
July 28, 2020 at 10:05
Dear Simon
Thank you for all you have done.
I have had the interview on March 13. It was on 221(g) refusal for missing a document that I completed 1 week later.
They kept the Passport and till now the Status in CEAC is Ready.
What should I do now after more than 4 months?
Should I wait the lawsuit outlook and I ask the consulate about my case?
Thank you in advance.
BR
July 28, 2020 at 19:53
You are on AP still and the embassy cannot issue your visa while the ban is in place. So – wait to see if the challenges to the ban are successful. If they are NOT successful then you will lose your chance on September 30.
July 29, 2020 at 09:37
Thank you a lot sir.
July 27, 2020 at 23:37
Hello Simon, one more question, what will happen if the lawsuit gets TRO and the visa status is changed to refused as in the example with @Dip, will the embassy then change the decision refused to issued or they will not consider his case at all?
July 27, 2020 at 23:41
Of course, this question makes sense only if we assume that the @Dip case changed its status to refused because of Trump’s ban, and that now the embassy wants to clear up all remain cases
July 27, 2020 at 23:49
That is NOT what will happen.
July 27, 2020 at 23:50
A 221(g) refusal (AP) can be changed to issued or refused later.
July 27, 2020 at 21:43
Hi BritSimon,
Sorry ,I have question beside meng amendment….
My visa was approved in March but not Issued…untill today CEAC was showing READY but today it was updated and changed to REFUSED , so is that i am really being refused …although recent ban situation doesnot make any difference.
Thank you.
July 27, 2020 at 22:27
Did they keep your passport at the embassy or did they return it to you immediately after the interview? Which country is it about?
July 27, 2020 at 22:48
@alexander …They kept my passport also said Goodluck in America haha ….all these 4 months ,too frustating …lots of money and time spent…just cant believe what is happening, want to forget everything n thing why did i win …!!!
July 27, 2020 at 22:58
@Dip …. and your passport is still at the embassy? Which country is it about, I ask all this because it is the same case with me, I am still ready. Until now it was that after ready sometimes goes refused, and isued, but now the ban is in force…..
And I will take the opportunity to ask Simon, when they put you on the AP, shouldn’t the embassy give a paper that says what more information needs to be submitted in order for visas to be issued? Such as 221g form?
July 27, 2020 at 23:08
No – it is not required. Sometimes the need for AP is known during the interview. In some interviews the need is decided after a later review of the case. Either way it’s the same. Annoyingly this used to be more clear because there was a REFUSED status and an AP status in CEAC. Now there is only the REFUSED status (and 221(g) is technically a refusal.
July 27, 2020 at 23:25
I am from Nepal Alexander.
July 27, 2020 at 22:29
You are probably on AP (Administrative Processing), which shows as the status REFUSED.
July 27, 2020 at 23:21
Thank you BritSimon.
July 27, 2020 at 18:56
Hello Mr BritSimon, it seems that some embassies are already notifying the people who were scheduled for the interview but could not because of the pandemic that they have to make another appointment in case the date of their interviews has already passed and these are the winners of the lottery 2020 is it possible?
July 27, 2020 at 19:19
I have not heard anything about that.
July 27, 2020 at 16:57
Shall we expect another draw during October for 2021
July 27, 2020 at 19:18
No
August 6, 2020 at 05:53
Hello Simon,
If for some reason persons who won the DV2021 and have no real passports but managed to fill in something are denied visas, could the reduction in numbers of real winners warrant another draw? I mean if the new real winners fall below the allocated 55000?
Thanks
August 6, 2020 at 19:13
Well they select far more than the 55k in order to allow for denials and so on.
July 27, 2020 at 11:48
Thank you so much for making this video and for your help. I was looking for something EXACTLY like this video to have all the updates of everything that is going on. So thank you.
I was wondering if the TRO would also help DV2021 selectees or, because there are a few months until our FY begins, by then Trump might have had enough time to prove his case and get the order cancelled?
July 27, 2020 at 19:10
If the ban is blocked it will help DV2021 by allowing processing/interviews in October to December. Without that there are 3 less months of interviews.
July 27, 2020 at 20:39
Awesome!!! I thought the restraining order would be temporary lasting only a few weeks or something.
July 27, 2020 at 22:19
Well, we are hoping for a temporary restraining order because that would be immediate. But then we would also hope for a complete block of the EO.
July 28, 2020 at 09:44
Is there any chance there could be a temporary restraining order but not a complete block, therefore the EO going back in place?
July 28, 2020 at 19:51
Yes of course.
July 26, 2020 at 08:45
Hi Brit,
I want to know if I can renew my passport, it due to expired in November 2021.
July 26, 2020 at 14:14
Yes
July 25, 2020 at 21:19
hello brit, we could have been good american citizens and served this great nation, as they already served as an example of albert einstein. then imagine that someone like einstein won the dv20.
August 4, 2020 at 06:39
oh my Gosh please……
July 25, 2020 at 15:46
Out of all 3 law suits do you think AILA would have their hearing the soonest since they already had a lawyer assigned from their previous attempt?
July 25, 2020 at 19:19
I don’t know Walt.
July 25, 2020 at 20:33
Thanks Simon, appreciate your help ? hopefully we hear something soon
July 25, 2020 at 14:59
Good evenning Mr Brit first i want to thank you for all you support and great work .
i want to tell you that iam very confused idk what to do my interview was before 3days from the lockdown until now i didnt get any response from the embassy when i ask them if my case is affected by the ban they dont give answer idk why .one of my freinds (same case as mine) went to the embassy here in Casablanca Morocco one lady told him that we just have to be patient and wait idk why they dont give us direct answer .
also i want to know if i can participate in the Curtis Morrison lawsuit (what do you think about it ) .
ps: i have already pariticpate in the AILA lawsuit.
Thanks you again Mr Brit .
July 25, 2020 at 19:18
You are on AP and should wait for the outcome of the class action suits.
July 25, 2020 at 22:51
https://travel.state.gov/content/travel/en/News/visas-news/one-month-extension-of-immigrant-visa-medical-examinations.html
they say here in the official web site ( If you were unable to travel on your issued visa or obtained your medical examination but did not receive your visa, contact the Immigrant Visa Unit of the U.S. Embassy or Consulate that issued or is adjudicating your visa application to determine whether you may be issued or reissued a visa for one additional month)
( adjudicating your visa application ) does this mean my case ?
July 26, 2020 at 13:56
https://youtu.be/NifDIlQdBxI
July 24, 2020 at 19:53
Please another question
What’s the happen in the ban for 7 countries like state libya
July 24, 2020 at 20:52
The ban is still in force.
July 24, 2020 at 19:21
welcome . Please, I want to love this problem for me, I am a female, I am not married, I have no children, and I am not divorced. And this is included in the form. I was surprised to find that I have an added child, and that I never fill out the form, leaving the problem at a glance
July 24, 2020 at 19:31
Don’t worry about it. Just don’t submit that DS260.
July 24, 2020 at 19:50
You mean don’t send ds260 for childreb
July 24, 2020 at 20:53
Correct
July 25, 2020 at 05:01
Selam ?? Mr. Simon
Could you please enlighten me about why we shouldn’t submit the DS260?
July 25, 2020 at 18:43
You are responding to someone else’s question – and my answer was specific to their scenario.
July 25, 2020 at 19:32
Hello Simon
What is the benefit of not submitting the DS260 now?
July 25, 2020 at 19:38
I have been selected for the 2021 .. my case no is around 42000AF. Do you think I should submit the DS?
I watched your videos on YouTube they were very helpful. Thank you!
July 25, 2020 at 22:06
It is up to you.
July 25, 2020 at 22:09
Please read my earlier reply.
July 26, 2020 at 05:21
I’m sorry Simon. I was thinking my question was related to your answer to her question but it was not related to her question. Weird! Anyways, thank you for your quick response! Im going through your blog … Reading your replies .. learning a lot. Thank you.
I will be back.
July 24, 2020 at 15:35
Hello Simon, thank you again for your update. I believe that I will do my part, in case interviews will be scheduled in August/Sept., and have my vaccination records ready for the laundry-list of required vaccinations(my goodness, Rubella and Polio among others were done when we were little kids) as well as start preparing for the interview. As you mentioned, we just need to be patient and keep living life to the fullest.
Simon, I hope you are and your family are safe and sound amidst the COVID-19 situation in the U.S. Here in HK, we are still battling through a rather serious spike, in part due to Quarantine exemptions for various ‘people- categories’, including ship crew/sailors. Not to get philosophical here, but at the end of the day, the most important thing is that we are all safe and in good health, regardless of what happens from now until September 30th.
July 24, 2020 at 15:43
Yup and Yup.
My family and I are doing great. Work has been hectic for a few months, but we have adjusted to a new normal very easily.
July 24, 2020 at 14:54
Truth must be told, leaders of the USA are confused and such confusion will create a huge negative impact to the ordinary person trying to immigrant . It will be best as an ordinary person to avoid putting much HOPE into usa issues, otherwise it will delay life and also create an emotional problem.
July 24, 2020 at 15:34
Trump and the republicans don’t want immigrants. They haven’t hidden that.
July 24, 2020 at 11:57
On which date will result of law suit come inaction.as we are running out of time
July 24, 2020 at 13:33
I don’t know.
July 24, 2020 at 14:14
This one is really telling us how frustrated people are due to the pandemic, the closing of USA embassies and the worse Trump EO.
July 24, 2020 at 10:55
Thanks for the 23rd July video update. One of the points mentioned in the answer to one of the FAQ posted by the embassy says, “..those holding valid immigrant visas on as of April 23 are not subject to the proclamation’s restrictions. No valid visas will be revoked under this Proclamation”. Does the above apply to our case? (Our immigrant visa was issued on 2nd January and expired on 1st June; we were supposed to travel to USA on 17 May but could not).
July 24, 2020 at 13:29
It means your visa was exempt from the proclamation up until it expired. Some embassies are re-issuing visas, but most embassies are saying they cannot do it. You should ask your embassy if it is possible. The lawsuits just filed seek to clarify that question.
July 26, 2020 at 11:53
Thanks Brit. I’ll wait till the first week of August to see if some positive news comes out of the lawsuits before I ask the embassy if it would be possible to re-issue our visa (I’m reconciled to the fact that this may not happen).
July 24, 2020 at 09:15
Dear Brit.As far as i understood from previous videos of Mr.Kuck and Mr.Siskind,the hearing will be on 10th of August.Am i correct?If not,then when?
Thank you in advance!
July 24, 2020 at 09:27
Did they say who was appointed as the judge?
July 24, 2020 at 11:04
John D. Bates, though I can be wrong
July 24, 2020 at 13:59
Well, this judge order Trump administration to resume daca program, so let’s hope he’d be on our side too
July 24, 2020 at 13:23
I don’t know
July 24, 2020 at 06:56
Hello Mr. Simon,
What about the DV 2020?
.
July 24, 2020 at 13:17
What about it?
July 24, 2020 at 05:19
Thank you Mr. Simon.
GOD bless you and your family for the efforts you have been made
July 24, 2020 at 04:41
Thank you for the clarification Mr BritSimon
Now I fully understand the process of enforcing a law in the United States that goes through the Congress who is overwhelmingly Democrat then the Senate which is overwhelmingly Republican before arriving at the president’s House.
July 24, 2020 at 04:51
Yep – The house is Democrat controlled, and hopefully the senate will be also after the election.
July 24, 2020 at 05:43
We hope so
July 24, 2020 at 04:38
Thankyou Mr. Simon.
Do you have explanation for this section of US immigration law.
Dose it apply to DV winners
“(g) Lists
For purposes of carrying out the Secretary’s responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien’s control.”
https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1153&num=0&edition=prelim
July 24, 2020 at 04:57
It doesn’t apply to DV