Curtis Morrision posted a summary of how he sees the status after the first hearing. I think it is a fair assessment of where we stand so I will post it here then discuss a few additional points.
RE: DV 2020 and PP 10052 Litigation
(Mohammed, Gomez, Aker, and Fonjong)I want to answer some frequently asked questions from the weekend.
Question 1) Is it possible we will have a TRO this coming week (either on PP 10052 or one that solves all the problems for the 2020 DV winners)?
A) NO. I don’t know who is saying this, but please stop. Judge Mehta set a briefing scheduled that will allow the government until August 18 to oppose all 4 PI/TRO motions, and a deadline of August 24 for plaintiffs (in all 4 cases) to reply to the opposition. Then there will be a hearing on August 27 at 1 PM EST, and while the final outcome could come that day, the issues are complicated, so it’s best to prepare that it will come after that day – after August 27.Question 2) If Judge Mehta issues an order cancelling PP 10014/PP 10052, will all 2020 DV winners benefit?
A) Frankly, no. Very few 2020 DV winners will benefit from an order that narrow for one or more of these reasons:
1) Many DV winners who would have otherwise got visas have their applications suspended at KCC. Just cancelling this order doesn’t mean that processing will be completed.
2) The majority, and I mean all but 3-4, embassies are not fully open for routine visa processing and would not be under any obligation to consider 2020 DVs emergencies without the judge ordering that.
3) Many DVs must travel to 3rd countries for their visas interviews, and currently there are restrictions from those 3rd countries prohibiting that travel. For example, the 3 embassies that primarily service Iranian immigrant applicants are located in adjacent countries that are not allowing travel by Iranian nationals.
4) For DV winners in the Europe (specifically the Schengen Area and UK), it’s State Dept’s position they cannot issue visas to 2020 DVs located in these countries due to the 14-day ban from Mar. 11, 2020. There is no expiration on this ban.Question 3) If very few 2020 DV winners will benefit from an order only cancelling PP 10014/PP 10052, is there any hope?
A) Yes, the Dr Mohammed v Trump and Fonjong v Trump cases challenge more than just those proclamations, but the suspension of the 2020 DV program, and we have requested front and center that our plaintiffs’ visas are reserved past the 9/30 deadline. From our point of view, this is the best outcome.Perhaps Judge Mehta will see that is the most reasonable relief for the entire class of 2020 DV plaintiffs. But there are some obstacles to that. First, class certification has not yet been approved to the 6 Gomez DV plaintiffs. Second, the attorneys for the 6 Gomez DV plaintiffs are also looking out for plaintiffs in family-based immigrant and non-immigrant visa categories, and so they made reserving the visas an alternative relief and not the primary relief requested in their motion for preliminary injunction. However, one advantage of consolidation is the same judge will hear everyone’s arguments, and so hopefully, he make the best decisions for all regardless of these obstacles.
Question 4) What’s next in the litigation?
A) If you listened closely to the last status conference, you know that the government has a deadline of Tuesday Aug. 11 to file an opposition to our motion in Mohammed for expedited production of the administrative record (for the DV suspension) and for deposition(s) of government employees.Judge Mehta has said he will make a decision on that motion at the status conference next Wednesday, August 12, 2020,
Whether you are a plaintiff or not, be hopeful that Judge Mehta grants our motion. Because if we have access to State Department’s internal documents (such as memos to KCC and cables to embassies) or the inside story from KCC or Visa Office employees, we will certainly have better evidence to make our case, and it will be more difficult for the government to lie to the judge.There is a saying – sunlight is the best disinfectant – and that’s why we really need this administrative record.
Finally, thank you everyone for your kindness and patience. Have a great week!?
Curtis Morrison
As I have mentioned before, this lawsuit has taken longer than we needed it to proceed. The judge obviously cannot treat either side unfairly, so in giving time for each side to prepare, he has put the possibility of a fast TRO out of reach. Without a fast TRO, most DV2020 people lose the benefit since there will be little of no time left. So – let’s just be clear about the 5 groups:
1. People that already had their visas but were unable to travel and the visas expired.
2. People that had interviews, were on AP, but that AP has been cleared now and they would normally have been issued by now except for the ban.
3. People that had interviews scheduled but the interviews were cancelled because of the pandemic closures.
4. People that received the ready for scheduling email but were not scheduled yet.
5. All others (i.e. people who had submitted DS260s and documents but had not got the ready for scheduling email).
Now – if we cannot get the ban blocked until the end of August group 5 and probably group 4 cannot be saved. As Curtis explains about he is still hopeful that visas for plaintiffs in his cases could be “set aside” for issuance after the September 30th deadline, and perhaps there would be a similar outcome for a wider group. But I don’t want to give anyone false hopes, so to be clear that outcome is extremely hard to pull off.
If the ban is blocked, Groups 1 to 2 could benefit. They don’t need interviews, but they do need the embassies and KCC to work. For those not on the mandamus lawsuits, people will have to “hope” the embassies take action, which will be something that individuals can have some influence upon. It will be up to those individuals to contact the embassies and get the embassies to take action. Curtis makes a good point about the Schengen area though – and we do have cases where the embassy are pointing at the March 11 EO (Schengen and UK ban) as a reason their cannot re-issue visas. That is clearly wrong (as someone could explain they plan to be in a non Schengen country for two weeks prior to entry to the USA), but again, it seems those embassies have support from State for the position they are taking. It is of course possible that the Schengen area ban could be lifted at any time – frankly EU has the pandemic better controlled than it is in the US.
Group 3 need embassies to be open and willing to arrange interviews. Again, like groups 1 and 2 that may take some encouragement (either through people lobbying for themselves, or the mandamus case for those on it). That will be effected by how the embassy prioritizes their work and how badly affected they are by the pandemic.
So – we are moving toward a situation where some, but not many people from DV2020 could be helped. As Curtis says, his “front and center” request is for the suspension of the DV2020 program – to continue processing past September 30th. The “slowness” of the legal action itself could be seen as almost “supporting” that outcome – but as we know, the law is clearly written, so the gamble is a big one.
DV2021 would benefit from a block on the ban in August as it would allow a faster start to interviews, and therefore more time overall for processing.
Now I know I am going to get a large number of questions. I will probably add Q & A to this article as they come to avoid having to re-answer over and over again.
Obviously I don’t know what will happen. No one does. Each person affected by this is going through a difficult time and wants answers, but simple answers are not possible. All we can do is wait and see what happens.
September 11, 2020 at 14:20
I have attended my visa interview on February 25, 2020 and the consular officer has approved my application. However, I didn’t received my visa yet. I checked the status, it says Ready. What will be the possible status of my application? and what will happen to my application? What I’m expected to do? Thank you
September 11, 2020 at 18:48
Contact the embassy ASAP. You will need to renew your medical.
August 23, 2020 at 14:12
Hello. Do you have the information on your last update on YouTube in Arabic? Thank you!
August 23, 2020 at 21:11
No
August 16, 2020 at 20:05
Helo BritSimon how are you I am one of winner DV 2021 can I fill my ds-260 with expired bassbort and my country have travel pan I am from Somalia but I am staying in south africa can I use my travel ducument to go USA thanks for your helping us
August 17, 2020 at 13:55
The ban will still affect you. If I would you I would not submit until the November election. If Trump loses we are likely to see the bans removed in early 2021.
August 12, 2020 at 22:18
Hello brit what is the difference between peoples that have joined the curtis lawsuit and others who are just in the AILA lawsuit ?
August 13, 2020 at 00:01
So far, no difference, but if the ban is blocked the AILA lawsuit will have achieved its goal, whilst Curtis Morrison will continue to fight to push those cases faster.
August 12, 2020 at 17:15
Hello brit, any update on the judge ruling today?
August 12, 2020 at 23:56
https://britsimonsays.com/update-about-august-12-hearing-and-other-news/
August 12, 2020 at 15:08
Good day Brit and fellow colleagues, I am living in Freetown, Sierra Leone, West Africa. The U.S Embassy in my country sent an update for people holding various visas as mentioned below. If you fall on any of these categories try to help yourself out.
National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak
Last Updated: August 12, 2020
On June 22, the President signed Presidential Proclamation (P.P.) 10052, which extends P.P. 10014, which suspended the entry to the United States of certain immigrant visa applicants, through December 31, 2020. P.P. 10052 also suspends the entry to the United States of certain additional foreign nationals who present a risk to the U.S. labor market during the economic recovery following the 2019 novel coronavirus outbreak. Specifically, the suspension applies to applicants for H-1B, H-2B, and L-1 visas; J-1 visa applicants participating in the intern, trainee, teacher, camp counselor, au pair, or summer work travel programs; and any spouses or children of covered applicants applying for H-4, L-2, or J-2 visas.
The Proclamation does not apply to applicants who were in the United States on the effective date of the Proclamation (June 24), or who had a valid visa in the classifications mentioned above (and plans to enter the United States on that visa), or who had another official travel document valid on the effective date of the Proclamation. If an H-1B, H-2B, L-1, or J-1 non-immigrant is not subject to the Proclamation, then neither that individual nor the individual’s spouse or children will be prevented from obtaining a visa due to the Proclamation. The Department of State is committed to implementing this Proclamation in an orderly fashion in conjunction with the Department of Homeland Security and interagency partners and in accordance with all applicable laws and regulations.
Both P.P. 10014 and 10052 include exceptions, including an exception for individuals whose travel would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees. The list below is a non-exclusive list of the types of travel that may be considered to be in the national interest, based on determinations made by the Assistant Secretary of State for Consular Affairs, exercising the authority delegated to him by the Secretary of State under Section 2(b)(iv) of P.P. 10014 and 3(b)(iv) of P.P. 10052.
Until complete resumption of routine visa services, applicants who appear to be subject to entry restrictions under P.P. 10014, P.P. 10052, and/or regional-focused Presidential Proclamations related to COVID-19 (P.P. 9984, 9992, 9993, 9996, and/ or 10041) might not be processed for a visa interview appointment unless the applicant also appears to be eligible for an exception under the applicable Proclamation(s). Applicants who are subject to any of these Proclamations, but who believe they may qualify for a national interest exception or other exception, should follow the instructions on the nearest U.S. Embassy or Consulate’s website regarding procedures necessary to request an emergency appointment and should provide specific details as to why they believe they may qualify for an exception. While a visa applicant subject to one or more Proclamations might meet an exception, the applicant must first be approved for an emergency appointment request and a final determination regarding visa eligibility will be made at the time of visa interview. Please note that U.S. Embassies and Consulates may only be able to offer limited visa services due to the COVID-19 pandemic, in which case they may not be able to accommodate your request unless the proposed travel is deemed emergency or mission critical. Prospective visa applicants should visit the website for Embassy or Consulate where they intend to apply for a visa to get updates on current operating status. Travelers who are subject to a regional COVID-19 Proclamation but who do not require a visa, such as ESTA travelers (i.e., those traveling on the Visa Waiver Program), should also follow the guidance on the nearest Embassy or Consulate’s website for how to request consideration for a national interest exception.
Exceptions under P.P. 10052 for certain travel in the national interest by nonimmigrants may include the following:
H-1B applicants:
For travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit (e.g. cancer or communicable disease research). This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic (e.g., travel by a public health or healthcare professional, or researcher in an area of public health or healthcare that is not directly related to COVID-19, but which has been adversely impacted by the COVID-19 pandemic).
Travel supported by a request from a U.S. government agency or entity to meet critical U.S. foreign policy objectives or to satisfy treaty or contractual obligations. This would include individuals, identified by the Department of Defense or another U.S. government agency, performing research, providing IT support/services, or engaging other similar projects essential to a U.S. government agency.
Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause financial hardship. Consular officers can refer to Part II, Question 2 of the approved Form I-129 to determine if the applicant is continuing in “previously approved employment without change with the same employer.”
Travel by technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the United States. Consular officers may determine that an H-1B applicant falls into this category when at least two of the following five indicators are present:
The petitioning employer has a continued need for the services or labor to be performed by the H-1B nonimmigrant in the United States. Labor Condition Applications (LCAs) approved by DOL during or after July 2020 are more likely to account for the effects of the COVID-19 pandemic on the U.S. labor market and the petitioner’s business; therefore, this indicator is only present for cases with an LCA approved during or after July 2020 as there is an indication that the petitioner still has a need for the H-1B worker. For LCAs approved by DOL before July 2020, this indicator is only met if the consular officer is able to determine from the visa application the continuing need of petitioned workers with the U.S. employer. Regardless of when the LCA was approved, if an applicant is currently performing or is able to perform the essential functions of the position for the prospective employer remotely from outside the United States, then this indicator is not present.
The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need. Critical infrastructure sectors are chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. Employment in a critical infrastructure sector alone is not sufficient; the consular officers must establish that the applicant holds one of the two types of positions noted below:
a.) Senior level placement within the petitioning organization or job duties reflecting performance of functions that are both unique and vital to the management and success of the overall business enterprise; OR
b.) The applicant’s proposed job duties and specialized qualifications indicate the individual will provide significant and unique contributions to the petitioning company.
The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15 percent (see Part F, Questions 10 and 11 of the LCA) by at least 15 percent. When an H-1B applicant will receive a wage that meaningfully exceeds the prevailing wage, it suggests that the employee fills an important business need where an American worker is not available.
The H-1B applicant’s education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed. For example, an H-1B applicant with a doctorate or professional degree, or many years of relevant work experience, may have such advanced expertise in the relevant occupation as to make it more likely that he or she will perform critically important work for the petitioning employer.
Denial of the visa pursuant to P.P. 10052 will cause financial hardship to the U.S. employer. The following examples, to be assessed based on information from the visa application, are illustrative of what may constitute a financial hardship for an employer if a visa is denied: the employer’s inability to meet financial or contractual obligations; the employer’s inability to continue its business; or a delay or other impediment to the employer’s ability to return to its pre-COVID-19 level of operations.
H-2B applicants
Travel based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or to satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction (e.g. associated with the National Defense Authorization Act) or IT infrastructure.
Travel necessary to facilitate the immediate and continued economic recovery of the United States (e.g. those working in forestry and conservation, nonfarm animal caretakers, etc). Consular officers may determine that an H-2B applicant falls into this category when at least two of the following three indicators are present:
The applicant was previously employed and trained by the petitioning U.S. employer. The applicant must have previously worked for the petitioning U.S. employer under two or more H-2B (named or unnamed) petitions. U.S. employers dedicate substantial time and resources to training seasonal/temporary staff, and denying visas to the most experienced returning workers may cause financial hardship to the U.S. business.
The applicant is traveling based on a temporary labor certification (TLC) that reflects continued need for the worker. TLCs approved by DOL during or after July 2020 are more likely to account for the effects of the COVID-19 pandemic on the U.S. labor market and the petitioner’s business, and therefore this indicator is only present for cases with a TLC approved during or after July 2020 as there is an indication that the petitioner still has a need for the H-2B worker. For TLCs approved by DOL before July 2020, this indicator is only met if the consular officer is able to determine from the visa application the continuing need of petitioned workers with the U.S. employer.
Denial of the visa pursuant to P.P. 10052 will cause financial hardship to the U.S. employer. The following examples, to be assessed based on information from the visa application, are illustrative of what may constitute a financial hardship for an employer if a visa is denied: the employer’s inability to meet financial or contractual obligations; the employer’s inability to continue its business; or a delay or other impediment to the employer’s ability to return to its pre-COVID-19 level of operations.
J-1 applicants
Travel to provide care for a minor U.S. citizen, LPR, or nonimmigrant in lawful status by an au pair possessing special skills required for a child with particular needs (e.g., medical, special education, or sign language). Childcare services provided for a child with medical issues diagnosed by a qualified medical professional by an individual who possesses skills to care for such child will be considered to be in the national interest.
Travel by an au pair that prevents a U.S. citizen, lawful permanent resident, or other nonimmigrant in lawful status from becoming a public health charge or ward of the state of a medical or other public funded institution.
Childcare services provided for a child whose parents are involved with the provision of medical care to individuals who have contracted COVID-19 or medical research at United States facilities to help the United States combat COVID-19.
An exchange program conducted pursuant to an MOU, Statement of Intent, or other valid agreement or arrangement between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests if the agreement or arrangement with the foreign government was in effect prior to the effective date of the Presidential Proclamation.
Interns and Trainees on U.S. government agency-sponsored programs (those with a program number beginning with “G-3” on Form DS-2019): An exchange visitor participating in an exchange visitor program in which he or she will be hosted by a U.S. government agency and the program supports the immediate and continued economic recovery of the United States.
Specialized Teachers in Accredited Educational Institutions with a program number beginning with “G-5” on Form DS-2019: An exchange visitor participating in an exchange program in which he or she will teach full-time, including a substantial portion that is in person, in a publicly or privately operated primary or secondary accredited educational institution where the applicant demonstrates ability to make a specialized contribution to the education of students in the United States. A “specialized teacher” applicant must demonstrate native or near-native foreign language proficiency and the ability to teach his/her assigned subject(s) in that language.
Critical foreign policy objectives: This only includes programs where an exchange visitor participating in an exchange program that fulfills critical and time sensitive foreign policy objectives.
L-1A applicants
Travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit. This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic.
Travel based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction or IT infrastructure.
Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause undue financial hardship.
Travel by a senior level executive or manager filling a critical business need of an employer meeting a critical infrastructure need. Critical infrastructure sectors include chemical, communications, dams, defense industrial base, emergency services, energy, financial services, food and agriculture, government facilities, healthcare and public health, information technology, nuclear reactors, transportation, and water systems. An L-1A applicant falls into this category when at least two of the following three indicators are present AND the L-1A applicant is not seeking to establish a new office in the United States:
Will be a senior-level executive or manager;
Has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization that can only be replicated by a new employee within the company following extensive training that would cause the employer financial hardship; or
Will fill a critical business need for a company meeting a critical infrastructure need.
L-1A applicants seeking to establish a new office in the United States likely do NOT fall into this category, unless two of the three criteria are met AND the new office will employ, directly or indirectly, five or more U.S. workers.
L-1B applicants
Travel as a public health or healthcare professional, or researcher to alleviate the effects of the COVID-19 pandemic, or to conduct ongoing medical research in an area with a substantial public health benefit. This includes those traveling to alleviate effects of the COVID-19 pandemic that may be a secondary effect of the pandemic.
Travel based on a request from a U.S. government agency or entity to meet critical foreign policy objectives or satisfy treaty or contractual obligations. An example of this would be supporting U.S. military base construction or IT infrastructure.
Travel by applicants seeking to resume ongoing employment in the United States in the same position with the same employer and visa classification. Forcing employers to replace employees in this situation may cause undue financial hardship.
Travel as a technical expert or specialist meeting a critical infrastructure need. The consular officer may determine that an L-1B applicant falls into this category if all three of the following indicators are present:
The applicant’s proposed job duties and specialized knowledge indicate the individual will provide significant and unique contributions to the petitioning company;
The applicant’s specialized knowledge is specifically related to a critical infrastructure need; AND
The applicant has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization that can only be replicated by a new employee within the company following extensive training that would cause the employer financial hardship.
H-4, L-2, and J-2 applicants
National interest exceptions are available for those who will accompany or follow to join a principal applicant who is a spouse or parent and who has been granted a national interest exception to P.P. 10052. Note, a national interest exception is not required if the principal applicant is not subject to P.P. 10052 (e.g. if the principal was in the United States on the effective date, June 24, or has a valid visa that the principal will use to seek entry to the United States). In the case of a principal visa applicant who is not subject to P.P. 10052, the derivative will not be subject to the proclamation either.
Exceptions under P.P. 10014 for certain travel in the national interest by immigrants may include the following:
Applicants who are subject to aging out of their current immigrant visa classification before P.P. 10014 expires or within two weeks thereafter.
Travelers who believe their travel falls into one of these categories or is otherwise in the national interest may request a visa application appointment at the closest Embassy or Consulate and a decision will be made at the time of interview as to whether the traveler has established that they are eligible for a visa pursuant to an exception. Travelers are encouraged to refer to the Embassy/Consulate website for detailed instructions on what services are currently available and how to request an appointment.
Applicants for immigrant visas covered by Presidential Proclamation 10014, as extended by P.P. 10052, including Diversity Visa 2020 (DV-2020) applicants, who have not been issued an immigrant visa as of April 23, are subject to the proclamation’s restrictions unless they can establish that they are eligible for an exception. No valid visas will be revoked under this proclamation.
August 12, 2020 at 17:58
Does it meanamean there isuis no any expired Visas…..
BritSimon, kindly elaborate for us ,we need ur help here.
Thanks
August 12, 2020 at 23:58
Doesn’t affect DV cases.
https://britsimonsays.com/update-about-august-12-hearing-and-other-news/
August 12, 2020 at 23:56
Yes – this was updated by DoS today. Crazy reversal – but doesn’t help DV cases.
August 12, 2020 at 10:08
Hi Brit
What time is the lawsuit hearing today ???
August 12, 2020 at 12:40
For #DV2020 winners and our Plaintiffs in Aker v. Trump, today at 11:30 am. EST, the court has scheduled a status conference.
If you would like to listen in here is the call in number for the public: (877) 848-7030, access code: 3218747. We will keep fighting until we win!
August 12, 2020 at 13:16
Yeah,
By the mercy of the creator of creation, we’ll surely win and succeed.
August 12, 2020 at 19:06
Hello,
Any updates from the hearing please? ??
August 13, 2020 at 00:00
https://britsimonsays.com/update-about-august-12-hearing-and-other-news/
August 12, 2020 at 16:16
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 12, 2020 at 09:11
Brit, hope you’re doing fine. I’ve not written anything on your blog for a very long time, maybe because I’m without any hope. Just wanted to ask if advocates are using the fact that KCC has lost our documents and that’s the reason why lot of people are without confirmation and it’s already too late for the people like me. I’ve sent my documents in November and then KCC told me that they haven’t received anything from me at that month. That’s all the fault of their slow work or not working at all. It’s not fair that just one person to decide destiny of DV2020. And now i see that in DV2021 everything is okay, they are processing the documents in the way in which they must had processed our documents. Feeling very frustrated and angry. Like, why us? The worst thing is that they aren’t going to give us back the months which we have lost and the reason wasn’t our fault.
August 12, 2020 at 23:47
The ONLY chance you have now is if the judge says that the processing can continue past the September deadline. So – wait and see what happens.
August 11, 2020 at 23:42
What’s happening with group No4? Any hope for us?? DV2020SA26XX
August 12, 2020 at 00:24
If I have updates to give I will publish them.
August 12, 2020 at 23:44
I know its hard, but you have to be patient.
https://britsimonsays.com/update-about-august-12-hearing-and-other-news/
August 11, 2020 at 22:43
Hello dear Brit Simon .. how can you read the government’s opposition to Mv.Trump for expedited discovery
Waiting for your analysis after Wednesday’s hearing
Thanks a lot
August 11, 2020 at 22:12
Thank you brit .
I think extension of dv2020 is the only fair thing to happen .
Pray for dv2020 .
August 11, 2020 at 20:31
Hi Brit,
based on these information, winners like me have little chance to have their visas re-issued in the Schengen area right?
It is so unfair, we did everything and paid everything for the visa. My dreams get to disappear.
August 11, 2020 at 20:54
Currently it seems that way – but things could change.
August 11, 2020 at 20:13
Dear Simon!
I entered the 2021 DV Lottery, but wasn’t selected. Will there be a 2022 DV Lottery or is it cancelled?
Kind regards!
Henrik
August 11, 2020 at 20:55
DV2022 will go ahead as planned.
August 12, 2020 at 07:31
Thank you for the information and for your quick reply, Simon! 🙂 Do you know when the application period for the 2022 DV Lottery will commence?
Kind regards!
Henrik
August 12, 2020 at 23:46
Not announced yet, but it will start in early October.
August 11, 2020 at 19:19
“(either through people lobbying for themselves, or the mandamus case for those on it)” following this your statement in group 3, I am in group 3. Is possible for domsome in group 3 who was not listed as a plentiff in the mandamus case to still join. If yes please would you mind sending me the link to join and also advise me more on that if possible. I filled the form you sent on the AILA. Thank you very much for this wonderful work you are doing.
August 11, 2020 at 20:55
No – Curtis has been telling people he cannot add plaintiffs.
August 11, 2020 at 18:12
Why fighting while any possibility to have an extension? Why for all necessary means extension delay is not possible despite catastrophe or weather or something like that ? Why lawyers still fighting to have extension after the 30 September while ……. extension is not possible ? I am very confused about it
I pray God to have an extension date because this is the only outcome for justice
August 11, 2020 at 14:13
Hi Brit, i had two appointments canceled, also done medicals, i’m not participated to CM case, do i have any chance? i didnt understand which lawsuits are going forward
August 11, 2020 at 20:45
I think the article above answers your questions.
August 11, 2020 at 13:04
God Bless you for this wonderful work that you are doing.
August 11, 2020 at 12:42
-As I have said since the start the only hope is DV2020 to be extended after 30 Sep. Judge nust take that in consideration, gov has simply lost and deleted us 8 months out of 12 months of processing. In NO step it was our fault.
* So what if in the law is written clearly? Im a justice worker, you should know that all laws are clearly written and all judges have the right to change the laws in benefit of those who were unfairly affected by a clearly written law.
* cmon all lawyers on lawsuit put pressure, ask the judge that if its not extended, there will be least or no benefit at all even if the exO ban is lifted. Why lift an exOrder if it doesnt benefit anyone? It only has a benefit to be extended only then justice is put in order
August 11, 2020 at 07:28
Thank you Britt for all your help. Would like to know if my number has a good or bad chance 2021SA17xx ? God bess you
August 11, 2020 at 18:51
It’s probably not a bad number, but when we know selectee numbers in a week or so we will know better.
August 11, 2020 at 05:26
Good work Brit. Blesses
August 11, 2020 at 01:36
Hello Brit quick question we will have the next audience on Wednesday 12th right? Is this audience open to the public? And what we could expect of this audience?
August 11, 2020 at 03:34
It’s another procedural hearing. Don’t expect anything until the 27th
August 11, 2020 at 09:56
Brit,
You’re really trying to see us succeed. You always say the facts just to make Sure we don’t deceive by anyone.
Thanks for your tremendous efforts.
May Allaah, the Almighty grant us all success in the struggle.
August 11, 2020 at 01:24
Hello dear brit me it’s been 4 times that I
get an interview appointment and I also had one for the September month. Did you think I have a chance like group 1 and 2? Thank you
August 11, 2020 at 03:33
I don’t know anything about your case.
August 10, 2020 at 23:32
Frankly to share here …,I do not expect the Court to help in this case over Trump’s ban!
That means two crippled years in the DV Green Card Lottery!!!
So far ,as I understood -No one is trying to ask for a partly law amendment of DV Lottery and long term extension ahead for both 2020/2021 DV Lottery Winners , due to the pandemic circumstances and the normal conducting of the procedures ..There is required only Deadline change this time ,nothing more …So ,if nobody can do it ,all another actions seems are almost fake and not workable for a huge numbers of people
If by chance the Court wins in this farce, I am convinced that Trump will find another way to stop issuing visas and then what? New Court’s cases again and again..?
With a partial amendment to the law related only to the end date of the both DV years, everything remains almost normal and there even is no need urgently for a Court battle to repeal Trump’s temporary ban…
I personally believe that a lot of time and juridical/legal capacity has been wasted in the last two months, only to be achieved EVENTUAL success for less than half of those which are affected….Cheers!
August 10, 2020 at 23:36
Well OK – but using your logic, it would not matter what anyone does because Trump could introduce a new EO anyway. That is true – so what should people do? Nothing?
August 10, 2020 at 23:28
I am in 4th group. So there is no hope for me?
If AILA will win, only 1 and 2 groups have benefit from block ban.
August 10, 2020 at 23:36
The article above answers your question.
August 10, 2020 at 21:18
If the deadline is not extended no group will benefit not 1,2 no body,even if the lawsuits are won at the end of august or the begining of september ,there is no time for dv2020 to be processed ,if the ban is blocked today there would need days or weeks that the block take place and embassies to start applying it,and taking in consideration the closure and pandemics ,applying simple logic its impossible,We lost 6 months waiting and hoping but nothing happened ,what do you expect to happen in a month,I mean KCC and embassies were not working correctly when there was no pandemics or closure ,imagine now.DV2021 will benefit of course even if the ban is blocked in october,as for 2020 we are burned long time ago ,KCC knew what was going to happen since april when they stoped sending emails and everything,They have pressure from DOS to apply their immediate rules,the fairest thing to serve justice to dv2020 would be extending the deadline ,like everything was extended this year,but that wont happen 99% ,we dont live in a fair world.
August 10, 2020 at 21:59
Not because we loose hope you can pretend no one will get visa.
You just want to frustrate people because you are may be.
You should know this is the part of your destiny, your futur is not obligatry in USA. You can je where you are and live better than someone who live there.
Relax and stay positive.
August 10, 2020 at 22:28
Keep your hopes up till the very end. But you’re right KCC been lazy all year long. It all started with the slow start of the fiscal year. Followed by new confusing departure regulations. Therefore, many had to resend their documents several times and still have not received document confirmations. Then came the pandemic and it‘s supportive proclamation.
Now to the joke…
with DV2021 winners everything runs promptly and organized. People with higher case numbers get their confirmations and what not.
KCC better gets punished for their pathetic work operations. If you write to them… all you get is a sh-tty copy paste answer, like seriously? At the end of the day I just hope luck is on our side, because THEY don’t give a damn about us. Bottom line!
August 11, 2020 at 11:19
There’s a God of possibilities who makes ways where seems no way and performs miracles. Our hope and trust in God Almighty. He will make a way for us. Nothing is impossible with Him. We keep hope a live. He will do what man cannot do. Our faith is in God and not men. Protocols will be suspended. Our God is able.
August 11, 2020 at 19:16
Amen and Amen Victory M I agree with you, our God our miracle worker is able to open closed doors. I trust Him to open this door for all of us.
August 10, 2020 at 19:24
Hi Brit,
I have submitted my D260 but no news yet. My case number is 2021AF0000xxxx.
1) Please what are my chances.
2) How can I check my status regarding the D260 form
August 10, 2020 at 20:55
1. Chances of what? Be less vague.
2. If you submitted it, it says “completed”. If not, it is not submitted. That is the status.
August 10, 2020 at 17:38
“If the ban is blocked, Groups 1 to 2 could benefit. They don’t need interviews, but they do need the embassies and KCC to work. For those not on the mandamus lawsuits, people will have to “hope” the embassies take action, which will be something that individuals can have some influence upon.”
Do you mean mandamus cases that are was filed by Morrison? Or participating in Kuck/Siskind case also can grant some time extension?
August 10, 2020 at 17:56
I was thinking about the CM cases, but Kuck/Siskind and the AILA case may have some effect.
August 10, 2020 at 16:01
Dear Simon,
What do you mean by “DV2021 would benefit from a block on the ban in August as it would allow a faster start to interviews, and therefore more time overall for processing” because I’m a DV 2021 winner with CN 2021AF74XXX
Thanks in advance.
Murali
August 10, 2020 at 16:16
With your high case number, that point is not important, as your number means you could not get an early interview anyway.
August 10, 2020 at 18:27
Hi Brit,
Wouldn’t it affect higher case numbers mostly since if 3 months are lost, the final cut off number in September 2021 would be lower? Like people who would normally have their interviews in July – September might not get a Visa because 3 months will be lost. Or would they compensate for the lost months by processing more cases in the remaining 9 months?
August 10, 2020 at 20:49
We don’t know.
August 10, 2020 at 15:34
Thank you Britsimon that you are caring about all of us and updating the news. We are category 1, from Schengen. We were wondering…. do you think, it is worth to refer to those people who are in the same situation like us during the hearings, we know a couple of them. Let it be our decision, if we are able to spend our own money and time to spend 14 days in a non-Schnegen country. Weeks ago when we´ve called USCIS they have informed us that even if we are Schengen citizens, if we respect the ban and spend 14 days in a non-restricted country prior to our entry to the US, it is technically possible.
Thank you
August 10, 2020 at 16:17
I can’t understand what you are asking. Could you rephrase the question.
August 11, 2020 at 10:23
We had a visa previosly, but it expired and we were not able to use it due to the travel restrictions worldwide.
Embassies in Schengen are closed due to the travel ban, and they refuse to re-issue DV visas based on the travel ban.
USCIS informed us in regards to the travel ban: If we have a valid visa, and we spend 14 days prior to our entry in a contry that is not Schengen, we can enter to the US.
If this is not mentioned on the lawsuits, I think it should be.
The travel ban should not prevent embassies from opening or re-issuing DV visas.
If there will be a TRO, could our visas be re-issued?
Would the travel ban still affect us from Schengen?
August 11, 2020 at 20:36
The Schengen ban could still be a problem, yes. THe lawyers are working on aspects of that, but not specifically challenging the March 11 ban.
August 12, 2020 at 10:27
Thank you for your answer. I know challenging the Marc 11 ban is difficult, because it is affecting many countries, including the whole Schengen area.
But it worth to mention that the people who already had their visas issued before April 23rd, were just a flight away from being a permanent resident. So a solution could be that the travel ban should not affect people with valid DV visas, just like it does not affect citizens or residents.
(DV visa holders have to travel to the US in order to become residents, but they cannot travel due to the ban, then their visa expires. It is a paradox.)
Can a judge order something like that?
August 12, 2020 at 23:48
We will have to wait and see.
August 10, 2020 at 14:54
Brit,
The work you’re doing is unimaginable, we appreciate every efforts you’re taking to see things happen in the benefit of all.
Really; people are very frustrated and disappointed by the current immigration issues and the pandemic. We pray and ask the Almighty Allaah to grant us ease and success in the struggle, amen ya Allaahu.
August 10, 2020 at 14:50
I believe if all parties come to an agreement, HISTORY could happened. It’s a huge plus that Judge Mehta thought of an extension too – regardless of whether this is still possible. Fair play – a fast TRO won’t save our backs anymore. The only justice we owe is to preserve our chances by extending the deadline beyond Sep 30.
August 10, 2020 at 15:21
Bro,
The unity you’re assuming here is a good thing.
August 10, 2020 at 14:41
Hello Brit,
Thank you for your prividing update news.
I am in 4th group. So there is no hope for me?
If AILA will win, only 1 and 2 groups have benefit from block ban.
August 10, 2020 at 15:07
Bro,
Let’s always hope for the better no matter what the current situation is. The Almighty Allaah is bigger and powerful than the whole creations. He can change things within a twinkle of an eye. He will surely help us and get succeed.
August 10, 2020 at 16:14
Amen
August 10, 2020 at 14:39
With the way things are going, will dv 2022 registration hold this year ?when dv 2020 and dv2021 is still pending.
August 10, 2020 at 16:32
Yes
August 10, 2020 at 14:34
Thanks sir for all your efforts