In the last few minutes Judge Mehta held a hearing for the Kennedy v Trump case which was the case with about 1000 plaintiffs seeking some additional relief separate to (or in addition to) the Gomez cases.
The legal team had filed a 1200 page complaint in this case, and the Judge was clear that he had not had sufficient time to digest all of it.
Pretty early on in the hearing the Judge was keen to see why the additional case was even necessary since the Gomez case had already achieved some relief with the orders on Sept 4 and 14. He mentioned the case seemed duplicative of the Gomez case and wanted help to understand how it was different. This is a weakness of the case in a sense because the existing case is “perfectly good”.
However, the plaintiff lawyers pointed out the main difference is that the Kennedy case has a number of people that are affected by travel bans and other travel restrictions and the government has continued to use to not issue visas. That represents a group of plaintiffs that are not currently helped by the Gomez order.
The lawyers also asserted that KCC has told non named plaintiffs that they would not get an interview and that only named plaintiffs would be helped. The Judge was very interested in that assertion BUT I’m not sure the wording from KCC or any embassy has been that clear. To clarify, the Gomez order covered EVERYONE. BUT it prioritized named plaintiffs and the order did not say that KCC or the embassies would be wrong to prioritize the work. Common sense then says if there is no remaining time then it is reasonable that KCC or embassies to state that they can’t help ALL cases because of time constraints.
During the hearing the Judge dropped a big hint that DV2020 winners are likely to get some “additional relief” (an extension), but he did not say what form that would take. The point he was making was that Kennedy plaintiffs would therefore presumably also benefit from that additional relief.
The Judge then set some timelines for the Kennedy case as follows.
- Defense to file response by end of day Sept 25th.
- Plaintiff response to the defense response by 5pm Eastern on the 28th
- Hearing for oral arguments on 29th at 2pm (Remember the Gomez case hearing is 2pm on the 28th).
So – the legal arguments continue….
September 30, 2020 at 18:48
Thanks Mr. Britsimon for your brilliant responses. At least they have
clarified my mind. Thanks again
September 30, 2020 at 12:57
Brithsimon
I observe that there is no visa bulletin for the month of October 2020.
1.Is it a mistake or perhaps oversight?
With regards to interview, as per the records there will be no interview October 2020 as result of the ban in place. With this,
2. Will the postponed interview of October be held in January 2021?
3. Will CN listed under the target number in November 2020 visa bulletin, example Africa region (5,100) do their interview in February? OR
4. With the CNs in the both the October and November 2020 Visa Bulletins do interview in January 2021?
5. Is the focus of KCC now on DV 2020 owing to the September 30 2020 deadline?
6 Is there any room for extension after September 30, 2020 deadline?
Best regards
Amoria
September 30, 2020 at 14:15
1. It’s your mistake. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-october-2020.html
2. That is my expectation, yes, along with any other case current by that time.
3. See 2.
4. See 2.
5. Yes
6. We will find out today.
September 27, 2020 at 04:20
Hi Simon
Our embassy in Morocco has almost finished with previously cancelled interviews, but they don’t seem to schedule new interviews for people who had not been scheduled before.
This feel so unfair, what should we do ?
Is there still a possibility to call us by monday, september 28?
Even if we call them they don’t respond
September 27, 2020 at 05:11
No. Your only chance now is an extension.
September 27, 2020 at 04:09
Next week I have an interview at the Costa Rican embassy and I have a question. The address in which I plan to live in the United States is different from the one I filled out in the Ds260, what should I do?
September 27, 2020 at 05:10
Update the address at the interview.
September 26, 2020 at 22:10
Hi Brit, I am 2020 applicant and in group 3. Since the court’s oder l haven’t been called for reappointment. What can I do next sir?
September 27, 2020 at 04:55
Hope we get an extension.
September 26, 2020 at 15:28
Dv observer twits following points
Government also filed a long response last night arguing the following:
1-Court/Judge do not have the authority to extend the deadline
2-If any relief to be offered, this should be limited only to people who made the interviews by 9/30 but still waiting on documents such as 1
medicals or police certificate
3-Any relief provided by court should not prioritize plaintiffs ahead of other winners before them in ranking
4-Government struck back again on the issue of issuing visas vs. denying entry.
5-Saying visas should not be issued as long as PPs in place and listing a lot of arguments. They are saying this after the court already ruled on this on 9/4.
This is a new language from the government that we haven’t seen previously, so lets see how the court reacts to this
Does this impact the court decision to extend the deadline? Is there negative impact for group 4 & 5?
Thank you brit.
September 26, 2020 at 23:55
It’s new language because it is new lawyers and a new case. But they are unconvincing arguments. The Judge is already clear.
September 26, 2020 at 11:16
Hi Brit good job,take my congratulation for all.
September 26, 2020 at 01:15
Today I received a Interview Notice from the Kentucky Consular Center, I was trying to register my appointment with the consulate but it showed me this msg:
“The Immigrant Visa case number provided is not ready to schedule an appointment. If you have not received an appointment letter/email from the National Visa Center (NVC), you can check the status of your IV case at http://travel.state.gov/content/visas/english/immigrate/nvc.html.
If you have received an appointment letter/email from the NVC or an instruction letter/email from the Consular Section directing you to this website to schedule an appointment, please make sure to correctly enter your IV case number.”
What can I do?? Embassy doesn’t have any response and I need to register my interview ASAP because my interview date is next Monday September 28th.
September 26, 2020 at 03:56
You only need to register a profile at that site, not book an appointment. You already have an appointment.
September 26, 2020 at 20:57
Today I received a maiI from the Embassy of Argentina
“This is an official notice for you to pursue your application for a DV-2020 visa. You were originally scheduled for a visa interview on Monday, 28 September. We advise you that the panel physician has appointments available on Tuesday morning, 29 September. We, therefore, have scheduled your interview for 2:30 pm on Tuesday, 29 September. We recognize that this is short notice, however, all Diversity Visas must be approved by Wednesday, 30 September. For that reason, we ask that you bring all required documents to your interview. The fee for the application per person is $330 USD or $27,060 ARG Pesos. We kindly ask that you bring exact change for the payment. Unfortunately, we are unable to accept credit card payments at this time. Please notify the U.S. Embassy ([email protected]) if you cannot keep the appointment.”
September 27, 2020 at 04:52
OK – that’s OK.
September 26, 2020 at 08:12
Hi, Francisco, I had the same problem, I believe it’s the registration of the interview so after it they know where you will pick up your passport. Some people said it work fine after the interview, I had to contact the embassy and they solved it a couple of days after the interview. Don’t worry, tell them on Monday and they will create a new interview date so you can be registered. I heard from people whose interview was in different locations having the same problem, so it seems more an issue with KCC. Good luck!
September 26, 2020 at 21:00
Thanks Laura! Are you in SA too??
September 25, 2020 at 17:49
I also wish the rest of the DV2020 good luck!
I carry you in my daily prayers.
September 25, 2020 at 17:38
Thank you very much Mr. SIMON!
I received my visa today in Lomé.
once I come to Chicago, I’ll come and greet you in California, I don’t know the city you live in there but we’ll see.
Thank you so much !
May the Lord bless you enormously !
September 25, 2020 at 22:13
Cool!
September 25, 2020 at 16:10
Dear Brit, thank you for your great help. May I know , where I can get the information about visa issue number from us embassy Nepal. For my medical clearance will take two month. So may be no visa number remain for me.
September 25, 2020 at 22:09
YEAR!
September 25, 2020 at 15:28
Hi Brit, just to informed you that I am group 4 and I had interview on Thursday at embassy here in Prishtina(Kosovo). Seeing the embassy doing only our cases (DV case), and the consular said we are working only to help as we are not working any kind of visa, that is what i call a good faith or best effort. Embassy in Prishtina let people have the interview and then do the medical and there were cases with number 30k, which shows the work was done at embassy. Most of us had interview on Thursday and we gonna send medicals on Monday everyone and get visas or not on Tuesday or Wednsday. Just congrats to embassy in Pristina trying everything they can to help people. Now, we are waiting on next week to see if are visa is approved.
Big thanks to you also for the work. Hope to see you in USA if we come, and would like to drink a cooffe with you.
September 25, 2020 at 22:05
All good to hear. Well done Pristina embassy!
September 25, 2020 at 15:13
Hi Simon, my visa just arrived with the courier today, I’m ecstatic! I’m one of the plaintiffs in CM’s Mohammed lawsuit and just wanted to thank you for everything you do, for the precious information you give us and the time you spend on helping us, you are a rare person! Without you, I wouldn’t have heard about the lawsuit and would definitely lose my chance. Thank you, thank you, thank you. <3
September 25, 2020 at 18:12
Great news! Best of luck!
September 25, 2020 at 19:12
Talade, what is the starting date of your visa? Is it valid for 6 months ?
September 25, 2020 at 20:06
Yeah, it’s 6 months from the medicals I took 9/15
September 25, 2020 at 15:07
Case number 2020AF63***.
Dear Brit . Good day to you and your family. Pls some months ago the KCC was requesting docs from almost everyone. I wasn’t asked to but from your opinion I was advised to write to the KCC to that effect which I did and the KCC sent me a message requesting for docs. I did in February and got an automatic message saying my mail had been received and documents being processe . Since then I have never received the congratulations message acknowledging delivered all required docs. I wrote the KCC twice requesting a month after and they said it was still in process. In May I wrote again and they replied that my documents had bn processed and that I should have received or will soon received a message from from them for further processing.
Shortly after that, the Covid-19 stroke and the story has never been the same.
My worry is what can I do should the extension be granted
Was the message stating that my docs had been processed actually true?
I really don’t wanna lose this Life opportunity pls
September 25, 2020 at 19:48
If we get the extension You will need to get the documents sorted out. I will post about that in the coming days so you have the best chance possible.
September 25, 2020 at 13:33
Thank you Brit for your enormous support for us so far. As you told before, I should attend my interview. But without medical exam result (results in 10 days will surely pass Sept 30 deadline), will it be an useless interview? Will the consular officer allow me to have an interview without medical result?
September 25, 2020 at 14:27
Seems like we already discussed this. The extension is what you need. I am feeling confident we will get it – but it is not certain yet.
September 25, 2020 at 12:17
Greetings Lord! The case of my family is the following, the baby was born to us in January of this year, we made Ds 260 in July 2019, we managed to update Ds 260 on Monday to include the baby with our daughter and companion, however, the The system does not give us to give her the Ds 260, the embassy tells us that it is a system error, which we hope they will solve as soon as possible, does anyone know of a similar case? we are really quite impatient, please what can we do? we are in Bogotá Colombia.
September 25, 2020 at 13:05
You may be causing the error yourself. Try a different browser or different computer.
September 25, 2020 at 10:01
Hello, Mr. Brit, do you think that if the judge extends the 28-hour deadline, will the numbers be called for an interview in order of priority, or will they again give you an advantage over paid numbers?I take part in dv 3.0, but my EU53×× ×number is very high((
September 25, 2020 at 13:01
We will have to wait and see the order from the judge and then how KCC organize the work. There likely won’t be enough visas for everyone, so they may impose the case number order.
September 25, 2020 at 06:19
It takes 10 days to get the medical result (there’s no way to get a faster one) in Jakarta. And you can’t just go to the hospital and ask for a medical. You need a letter from the embassy to be able to get medical. But embassy do not process anything right now. I emailed the embassy only to get automatic response. I called but the operator said all the staff are working from home now.
September 25, 2020 at 12:49
Again. Mission critical.
September 25, 2020 at 06:07
My name was not in the list of plaintifs in Gomez v. Trump. I’m in group 4. On Sep 24, I got an email from KCC that my interview will be on Sept 25 in Jakarta (only 1 day notice & I live outside Jakarta). But the embassy in Jakarta is closed now due to recent surge of Covid 19. It hasn’t done any processing for the last 2 weeks. My only hope is that Judge Mehta will grant an extension. Btw, I recently joined as plaintiffs on Kennedy v. Trump case.
September 25, 2020 at 12:48
An extenson is likely. However, you should have attended your interview – the embassies are closed for “normal” cases, but are working on mission critical cases.
September 25, 2020 at 04:19
Britsimon. If there is an extension on dv 2020 can i change the processing center. I was trying to adjust status but this office is giving me hard time for no real reason at all. Is it possible to ask KCC if i can be processed at an embassy instead of trying to adjust status.
September 25, 2020 at 12:43
It depends on what has happened. If your case has been adjudicated and denied, then they could mark your case as denied. You need to be more clear about your situation and the “hard time” thing.
September 24, 2020 at 21:51
Hi Brit.
Thank you very much for everything.
I am a man. I was scheduled for an interview from group 4.
My concern is that I had a child just 2 months ago. And given the situation we were in, I did not ask for the unlocking of my case to add him. My questions are:
1. Do I necessarily have to mention this during the interview?
2. If yes to 1, Won’t they ask me for documents concerning the baby that I certainly won’t be able to get in time?
3. can I rather make a family reunification later? Is it possible?
Thank you
September 24, 2020 at 23:01
1. Yes
2. You don’t need that if you are not applying for the GC for the child.
3. Yes.
September 25, 2020 at 05:57
hello Mr. Brit
I am a winner of dv 2020 and my passport expires after 2 months but I made a new one to have it ready if they call me for an interview but I did not enter it in ds 260, will it cause me any problems on the day of the interview ?
September 25, 2020 at 12:46
No – just show old and new passports.
September 25, 2020 at 06:29
Thank you so much
September 25, 2020 at 22:13
I was in the same situation. I used a passport issued 1 day before my interview and I got my visa
September 24, 2020 at 20:58
Hi brit any update on the case Kennedy v trump case hearing today?
September 24, 2020 at 22:57
https://youtu.be/_7PMP9-LWqE
September 24, 2020 at 17:11
Hello Mr Brit,
First of all, I can’t thank you enough for all the support you provide to DV winners. And regardless of winning the Visa at the end or no, it was really pleasure knowing such a helpful smart person like u ?.
I am from Egypt, my case number is AF18xxx. I went through the whole process of the DV while paying good attention to every step a lnd doing lots of documents preparations. And I was scheduled for interview in March which got cancelled.
After judge order, the embassy in Egypt refusing to reschedule my case because I am not a named plaintiff. And I can see on CEAC data, that cases of numbers 40xxx, 50xxx got scheduled in Cairo and issued Visa because they are plaintiff.. do u think this fair? What else shall I do? Do u think extension will give any kind of relief to my case.?.I really feel frustrated.
September 24, 2020 at 22:01
The extension looks hopeful and then we can figure out how to get people their visas.
September 24, 2020 at 17:10
Dear Simon,
First, thank you so much for your big efforts for us.
I am in group 3 and I got my visa stamp today at the US embassy in Tunisia (my interview took place last week).
I have two questions:
1) When I asked the officer at the embassy when I can travel to the US, he literally told me that I have to go as soon as possible. When I asked about the Trump EO he told me that I just need to travel from a country outside of Europe. What do you think about that? I remember you said (in one of your old comments) that we can only travel after December 31.
2) On my visa stamp, there is a notice written on the bottom “Exception under PP on Risk to Labor Market. Upon endorsement serves as temporary I-551 evidence permanent residence for 1 year”. What does this mean?
FYI, PP = president proclamation
Thank you in advance
September 24, 2020 at 22:00
1. He is incorrect about travelling early, but correct about travelling from outside the banned areas. You should not be allowed to enter until after the ban.
2. It just refers to the 10014 proclamation – the visa was issued DESPITE the PP10014. The other part is normal – just means you will use the visa for ID while you wait for the plastic Green Card
September 24, 2020 at 22:14
Hm… On my visa is printed under Annotation : Entry Subject under PP10014. It is clear that no enter while PP on force. But here is printed Exception
September 25, 2020 at 03:49
Because the visa was issued an an exception to the proclamation.
September 24, 2020 at 17:02
Dear Simon,
Highly appreciate your help. Today (09/42/2020) I received an email from US Embassy in Addis Ababa, Ethiopia that called my wife and baby boy to process the visa. We will try our best but the time seems not enough. My wife had a police clearance certificate dated 12/11/2019. Is this police clearance acceptable or she has to have a new one. Thank you!
September 24, 2020 at 17:13
I believe it is expires after 12 months
September 24, 2020 at 17:48
Hello Amare ;
May i know in which group you are? or wheter you participate on Gomez Vs Trump case?
pls let me know. I m hana winner DV 2020 Case AF55….. in Ethiopia.
September 25, 2020 at 14:16
Group 2
September 24, 2020 at 21:57
Should be acceptable.
September 24, 2020 at 16:32
Hu Brit
plz can you be sure of this information : kcc told us (dv2021) there will be interviews on Junuary 2021 for all the applicants listed in visa bulletin of sept/octo/nov
September 24, 2020 at 21:55
That is exactly what I have been saying.
September 24, 2020 at 16:00
Hi Brit.
In your last video you’ve answered my question about my and my wife’s expired on april 16th DV2020 visas and that under judge decision we fall in group 1(visas issued before proclamation).
Yesterday me and my wife successfully got visa in Warsaw, Poland without a visit to the embassy. Our friend in Warsaw helped us with documents delivery to the embassy. I’m from Belarus and we don’t fall under 14 day EU restriction. But yet, to avoid a risk we’re planning to buy tickets going through Istambul, Turkey to JFK for October 10th 2020.
How can we make sure, that by falling in group 1 with Proclamation 10014 been active, we’re still allowed to travel(exempt from proclamation) according to the judge Mehta desicion, in case on border control or at the check-in desk they’ll ask for proof. What document can we reference(or have), or where should we call to confirm this? Can you explain this please?
—
Thank you in advance!
September 24, 2020 at 21:53
Denis you were on the live Q&A – contact the embassy and discuss how to handle the annotation. They may not even understand you should be exempt.
September 25, 2020 at 02:03
Thank you for your answer on live Q&A. I will contact Warsaw embassy tomorrow and reference judge’s decision from september 4th to make sure they understand that me and my wife should be exempt from 10014. I was reading through the document Curtis Morisson has on his website today and haven’t found the part describing group 1 exemption. I’ll keep you updated on what the embassy will respond tomorrow. Thank you.
September 25, 2020 at 02:32
The wording is in the proclamation itself.
September 25, 2020 at 02:58
I’m reading Trump’s 10014 proclamation Issued on: April 22, 2020 and it says:
proclamation shall apply only to aliens who:
(i) are outside the United States on the effective date of this proclamation
(we were)
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation
(our first DV2020 visa expired on April 16th 2020)
Is this part you were meaning under The wording? If yes, than it sounds like we still fall under the scope of the proclamation.
Thank you
September 25, 2020 at 03:40
That part does apply to you (it’s just badly worded). You were immediately entitled to a replacement on the 16th because due to COVID you could not travel.
September 24, 2020 at 15:39
Hi Simon, Great news- I got an email from the Consulate stating that I can pick up my passport with Immigrant visa in it tomorrow afternoon, Hallelujah! What a journey it has been- Almost exactly 1 year ago this time, I began printing out info from the http://www.travel.state.gov site about Visa application info and procedures. Managed to send out everything by the end of 2019 and did some sleuth work through the Visa Bulletin, anticipating(correctly at first) a call-up around May 2020. Then COVID struck, and all that went haywire. Somehow, I came across your website- if it weren’t for you Simon, I would have had NO idea about the lawsuits which eventually led to the partial overturn of the Trump ban. Thank you, thank you and thank you again, Sir! Hopefully, when I eventually come to America, we can meet up for a pint or lunch(on me, of course) in the Bay Area. Blessings to you and your family, sir.
September 24, 2020 at 16:09
Good Day Brit,
I am in group 5 D.V 3.0 plaintiff EU 49.
I talked few days ago with KCC and they confirm to me that my documents are there safely arrive.
They just say that they don’t know if and when they will “process”
My question is if the Judge will grant a sort of extension also for Kennedy plaintiff I guess that all the participant , around 2k, should be prioritize on the same way people from Gomez plaintiff was prioritize on the last week.
The above is making sense at this point?
Thank you for your opinion,
Paolo ?
September 24, 2020 at 21:54
I think we will see all treated the same, which might remove the advantage for Kennedy cases.
September 24, 2020 at 21:52
I like reading happy news!
September 24, 2020 at 15:24
Hi Britsimon,
We are a family of 4. Group 4 based in Cambodia.
Today 24th Sept 2020 we received a scheduling email for interview from KCC and they set the interview date for us tomorrow 25th Sept 2020 at 8:30 am. They sent us the notification in a very too short notice for the interview. Sent us email today and asked us to go to the consulate for the interview tomorrow in the morning at 8:30 am. We didn’t even have the medical test yet. We are not prepared for this too sudden.
Should we go to the embassy for the interview as scheduled or wait until there is an extension? Or should we go and see what the embassy can do.
Thank you for your advise.
We are always planning to donate to your blog once we can manage to arrive to USA. I have been following your blog and your Youtube channel for more than a year now after we won the DV2020. And thanks for all your guidance to this far.
September 24, 2020 at 21:50
Repeating my earlier answer:
It’s a tough decision (because an extension is not certain yet). But the best thing to do is call the physician, ask when they can see you and how fast they can produce the report. An extra fee would be worth it if needed.
September 24, 2020 at 08:42
Finally my visa issued
I have been watching your blog since first day of win
Thank you britisimon and Charles kuck and his team
You all are great hero
God bless you all good people
September 24, 2020 at 13:53
Awesome!
September 24, 2020 at 07:36
Dear Brit sir,
I am from Nepal. My docs have been processed by kcc on Jan. 2 , 2020 just I received the mail saying- “when your case becomes current you will have an interview schedule. “Then during pandemic, case became current but I didn’t receive second letter. Now I have filed lawsuit 3.0 with curtis. In case if judge didn’t pay attention on kennedy v trump plaintiffs, if judge only gives verdict to Gomez and its companion case, (1)are we enrolled in that case ? ( I am not a named plaintiff in Gomez and other case, only plaintiff in kennedy v trump case)
2. I mean if judge extends date to all winners basing on the Gomez case whether plaintiff or not, are we excluded or included ??? (I am afraid if judge excludes kennedy plaintiffs).
Regards,
Krishna
September 24, 2020 at 13:16
Krishna, Gomez Case Includes all DV 2020 winners so automatically includes Kennedy Case.
September 24, 2020 at 13:50
I can’t predict what will happen.
September 24, 2020 at 03:03
Britsimon I appreciate what you you do, thenkyou for keeping us updated all the time.
September 24, 2020 at 01:43
hello simon! you will surely remind you of me I am in category 4 I received the ok for the documents on February 19, 2020 and Monday I received an email for my appointment on September 28, 2020 so Monday I made my medical visit September 21, 2020 Monday morning without even having received the appointment email I did not receive it until Monday evening so I took a risk to make the medical visit of my wife; my son who has just been born (he at 2 months) and myself I am just afraid that the results of my medical visit will not come out before Monday and if the judge does not extend I would have lost a lot of money and I would not be the only one in this case here in Cameroon the visit medicale takes at least a week to go out and it is very worrying! I wrote to the embassy and to kcc yesterday to tell them that on Monday I will come for the interview with my son but they have not yet answered me. I have other steps to take?
September 24, 2020 at 03:03
It’s very important that you get proactive in your own case. None of this is complex – but you need to use some common sense.
Do whatever it takes to get your medicals in time. Talk to the doctor.
Your paperwork all needs to be in order including a birth cert and passport for the baby. The child will also need a DS260.
Get on with it. Make this work!
September 24, 2020 at 01:15
Hello Brit, For those people who are not named in plaintiffs will be get benefits from the extension deadline?
I’m in Group 5.
September 24, 2020 at 03:00
We will have to wait and see.
September 24, 2020 at 00:18
Hey simon, If Kennedy case loose will affect the people who participate on it to get relief from Gomez case?
September 24, 2020 at 02:59
I don’t really understand your concern.
September 24, 2020 at 04:12
Hi. I am in group 5 D.V 3.0 plaintiff EU case 42xxx. Why is the this new Curtis lawsuit interpreted in the wrong way? The judge rejected class action, and if the outcome will be some sort of relief, what would have been my chances to be in those beneficiaries? To be realistic, even if judge gives an extension, and since he cannot give to everyone, group 5 and high case number !? From the judge words, and from your words Brit, without this 3.0 lawsuit I wouldn’t have a chance at all.
September 24, 2020 at 05:07
I’m not quite sure of your points here. First the judge did not (strictly speaking) deny the class action. He said it was not needed because his order covered everyone anyway (named and non named). Therefore, there was not benefit for the additional step of having a class action. If that principle changes, he could easily revive that class certification.
The reason I have said group 5 had no chance was in relation to the Sept 30 deadline. If there is an extension it would most likely cover group 5 as well.
September 24, 2020 at 06:25
My point is, if we can get a relief for everyone, I dont believe that everyone in group 5 will be processed. If they could, that would`ve mean to process almost all cases. And such an outcome seems impossible to me too. The cases in DV 3.0 are mostly group 5 (as I`ve seen in Curtis filed docs). That was the reason for another lawsuit – to obtain some chance for this group, prioritised or not , as we wont get a relief for all (most likely). Judge sees this lawsuits as same things, but in a specific case (or my case – high case number with unprocessed docs) the aproach is different, as I see my chance too low to obtain a visa even in the case of a relief. Even if the judge ordered something, KCC and some embassies understood that in a different way, and it may repeat that.
September 24, 2020 at 13:49
Yes I understand. I do think you make an important point. We are very unlikely to get enough visas for everyone. There may also be some timeline given. So – in that scenario there needs to be some way of determining who gets a chance. Many of the people sending documents are making mistakes, despite repeated explanations. Those people will continue to be at risk. People not “paying attention” through sites like mine will be at risk. Then possibly people with higher case numbers will be at risk because that is how they are supposed to prioritize (absent court orders). So anyway – we’ll see.
September 23, 2020 at 23:14
Very good news so far. Thanks Bri for the updates
September 23, 2020 at 23:14
Update re: Kennedy v Trump TRO
Government’s opposition brief due by 9/25/2020. Plaintiffs’ reply brief due by 9/28/2020 at 5:00 pm ET. Oral Argument set for 9/29/2020 at 2:00 PM via video conference before Judge Amit P. Mehta. Members of the public or media may access the hearing by dialing the court’s toll-free public access line: (877) 848-7030, access code 321-8747. The public access line will be muted and should only be used by non-participating parties.
September 23, 2020 at 23:13
Hi
Reading carefully Brit’s last post, it appears that Courageous judge Mehta is seemingly interested in helping everybody, not only the named plaintiffs.
September 24, 2020 at 03:06
The existing order already helps all cases, not just named plaintiffs.
September 24, 2020 at 20:52
Yeah but practically only the named plaintiffs can go through, because of time limit etc. If it help everybody, KCC shouldn’t prioritize named plaintiffs, so the case makes sense
September 24, 2020 at 22:56
Not true. The Judge explained the rationale already. Being brave enough to be a named plaintiff (and thus fighting for everyone) ought to get some advantage.
September 23, 2020 at 22:49
Hello Brits.
Could you please help me with this question.
Can a derivative applicant migrate to the US before the principal Applicant. Or do they have to migrate together or can the Principal migrate first then the derivative late join the Principal. Please explain to me how it is done.
Thanks
September 23, 2020 at 23:49
No. Principal first or with the derivatives.
September 23, 2020 at 22:17
Hi brits kcc just send to me the schedule for my interview 28th September but my worry its visite médicale its gonna take like more than 1week and then 30th September deadline ? do you suggestion for me thank you.
September 23, 2020 at 23:48
Speak to the physician and see how fast they can do it. There is no point worrying without facts.
September 24, 2020 at 02:30
U mean your case rescedulled from kcc??your appointment cancelled before or not??
September 24, 2020 at 02:50
Yes, phone the medical clinic and ask if they offer faster processing of results for an added fee. The clinic I went to processed my results in around 4 days. BOOK A MEDICAL APPOINTMENT TODAY IF POSSIBLE, ask them to squeeze you in. Bring all your previous vaccination records, obviously- I wouldn’t worry too much about that long list of vaccinations- some aren’t relevant to adults. Even if you can’t get the results before 28th, attend the interview and tell them the med results are pending. The consular officer will give you a Section 221(g) form stating to return to the Embassy ASAP with the med report (or any other document). That’s what happened to me. Good luck, act quick!
September 23, 2020 at 22:04
Thanks from your tireless updates, dear Simon. The lawyers should be heroes to all DV2020.
September 23, 2020 at 21:53
this was my last hope, unfortunately my very large number only dv 0.3 will help me
September 23, 2020 at 23:47
Actually your main hope is the Gomez case.
September 23, 2020 at 21:49
“The point he was making was that Kennedy plaintiffs would therefore presumably also benefit from that additional relief”
I think this is the key thing. And if this is the case, Curtis wins again.
September 23, 2020 at 23:47
Which is why he was trying to understand which 3.0 plaintiffs are not helped by the existing order or potential relief on the 28th. There are some like that, as described above.
September 23, 2020 at 21:39
It got so complicated now. Will he give a decision after September 29 hearing or is giving separate decisions on 3.0? I don’t think it went well today ?
If 3.0 will it effect the people who are plaintiffs?
September 23, 2020 at 21:43
If 3.0 will loose will it effect the people who are plaintiffs?
September 23, 2020 at 23:45
Which plaintiffs?
September 23, 2020 at 23:45
The Judge is clear that relief is only helpful before the deadline.
September 24, 2020 at 03:42
The ones for 3.0. My question is that if this 3.0 will effect negatively on the 3.0 plaintiffs or will have no impact?
September 24, 2020 at 04:57
There is no retribution allowed.
September 23, 2020 at 21:38
Hello. How r u mr.simon . Do we have a dv2022 ?
September 23, 2020 at 23:44
Yes.
September 23, 2020 at 21:35
I thought it was interesting that JM also noted that it’s the defendants position that injunctive relief should not extend beyond named plaintiffs, and so he was not surprised people wanted to join this lawsuit. (so there is some benefit for these new plaintiffs at this point in time, if the defendants have any chance, even if not a high chance, to win on this point).
September 23, 2020 at 23:43
Context is important. That was about the 3.0 suit, not the whole thing. THe Judge’s order already includes everyone, named or not. He was clear about that today also.
September 23, 2020 at 21:28
i think 3.0 will loss it.
September 23, 2020 at 21:36
@Ambs I think you are in the wrong website, this is for smart people for people with optimistic thoughts we don’t need your negative
September 23, 2020 at 22:19
Thank you for the positivity!
September 23, 2020 at 22:08
I think the main motivation of Curtis to file another case is to collect more money . Curtis is being greedy taking advantage of DV2020 winners . That’s sad
September 24, 2020 at 04:28
The hearing on 3.0 was very important because it has opened the eyes of the judge as to how he can give relief to benefits both plaintiffs and non-plaintiffs (if any).
I can also see that when Brit is talking,people dont pick the silent words. He made is clear in the video that the judge might tell Kennedy v Trump plaintiffs to benefits from the relief he might provide in the Gomez v Trump.
September 24, 2020 at 04:54
I realize I talk fast and maybe I need to explain things a little better. The 3.0 hearing was pretty much exactly what I expected. Progress is being made on the Gomez group of cases, so the Judge saw 3.0 as mostly duplicative. BUT it may be useful for some people blocked by the travel bans.
September 24, 2020 at 09:38
Thank you Brit for all the information. I am one of the plaintiff of 3.0 case. I had an appointment for interview on 7th May. The embassy of my country until now finished only the April appointments. Do you think the 3.0 could be useful also for us on group 3?
September 24, 2020 at 13:58
This was the Judge’s point yesterday. You are already being helped by the first order. If he grants an extension for the Gomez case, you will be helped by that. 3.0 probably won’t be that useful in your scenario, but we will see.