I got 3 DMs/emails <5 min from #DV2022 asking to "confirm that the 55K cap could be exceeded" NO it can't.

I suppose either there was some group misunderstanding on social media or some of the DV YouTube 'experts' is striking again.

A short #DV2022 🧵
The DV statutory cap is established by the statute and is 55K (minus adjustments for NACARA) per year. There are no roll-overs and no special stash @TravelGov can reach into to grant more than the 54850 (I think is the #) DV visas allowed for FY 2022.
The number is total DV visa allocations. Meaning it includes
*both principals and their respective derivatives
* visas issued by consulates & AOS granted by USCIS.

IT is a grand total. Once DOS reaches that number they must stop issuing visas.
I presume that the legitimate concerns of some #DV2022 are born out of the unusual stance of the DV2022 program as it stands now, some 21/2 months prior to the end of the FY.
Based on data published by @sDiversityVisa (🙏) it seems DOS is continuing to schedule interviews but they have now allocated more immigrant visa numbers than they have under the cap. Per USCIS they have requested allocation for over 2800 as of end of June. So #s do not add up.
Once they allocate based on the quarters/regional/per country basis they are supposed to wait for the formal post return reports to put unused visa numbers in the pot. They are not doing it, it seems.
They have used/issued a little over 26K it seems but they have scheduled interviews which have not been attended yet for well over what they can actually adjudicate by 30 Sept.
So far in July they have issued ~3K and unless they process DVs ahead all other categories for rest of month, Aug & Sept I just don't see how they can reach the cap even if they wanted. We can get in mid 40K which will be pretty good.
Now, if I'm wrong and they keep churning interviews all the way until 29th sept and ramp up issuance to levels not done before we can get to the cap, but once it is reached they MUST STOP.
It does not matter if you have already appeared for an interview or they told you that you have been approved and even kept the passports. Once the CAP is reached game over!

Perhaps someone speculated wether a court can force DOS to continue to process visas after cap is done ..
If so, then the disclosure is: no one can predict what a court would do. But I cannot see any judge reading the INA & after being told that stat cap has been reached would order DOS to issue a visa. As I said @ start visas are not fungible and DOS can get pull from a fam category
or employment category and make it a DV to satisfy a court order. So, if you are a #DV2022 concentrate on being well prepared for the interview. As we come close to the finish line there may not be time to get to correct or add missing docs that consular officer requested.
Good luck to all #DV2022! Stay safe and be double and triple check the instructions and doc requirements. END

• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Nicolette Glazer

Nicolette Glazer Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @NicoletteGlazer

Jul 21
🚨MAJOR update for #DV2020 & #DV2021! Many thanks to @curtisatlaw for posting!!!

1. Govt has completed the IT "updates" so they will be ready to process reserved visas in Gomez/Goh/Rai/Goodluck/Filazapovich IF APPEALS are SUCCESSFUL ....
2. As we all suspected the updates were minor. It appears that it involved the ability to re-upload DV cases from prior years and be able to differentiate between "active" (meaning #DV2022) and "inactive" (#DV2021 and #DV2020). Running of the script at posts will take minutes.
3. It sounds like in the process of doing this modifications to the system & software DOS has actually gone through the prior cases. And DOS has now "deployed" 36,872 cases of #DV2020 and #DV2021 selectees in "inactive" status.
Read 14 tweets
Apr 30, 2021
Since DOS is trying to do everything in its power to destroy #DV2021, we will open round 2 of our "Problem Consulates" litigation to add additional plaintiffs to our Nepal v DOS pending case. If you are interested, fill the Eligibility Questionnaire: forms.office.com/Pages/Response…
Nepal v DOS is a lawsuit challenging DOS denial of meaningful participation in the #DV2021 at select over-burdened consulates [statutory claims] combined with equitable claims to preserve visa eligibility beyond 30 Sept.
You can join only if you have designated one of the following as your consulate for #DV2021 interview purposes:

*Tirana, Albania

*Almaty, Kazakhstan

*Ankara, Turkey

*Chisinau, Moldova

*Kathmandu, Nepal

*Moscow, Russia

*Kyiv, Ukraine

*Tashkent, Uzbekistan
Read 4 tweets
Apr 30, 2021
BREAKING: The bad news #DV2021 Friday continues!
State Department has posted a new public-facing "explanation of prioritization of visa processing" and sure enough #DV2021 is in the last tier!

Here are the tiers:
Tier One: IR intercountry adoption visas, age-out cases (SQ and SI for Afghan/Iraq
Tier Two: Immediate relative; fiancé(e); returning resident visas
Tier Three: Family preference immigrant visas
Tier Four: All other including employment & diversity visas
Plan instructs posts to schedule and adjudicate **some cases** in Tier Three and Tier Four each month. However, as a result of COVID # of visas issued in lower-priority preference categ and the diversity visa "likely will not approach the statutory ceiling in Fiscal Year 2021."
Read 9 tweets
Apr 29, 2021
NEW: Ok! I’m mystified by the 9th Circuit’s new Appellate Case Management System (ACMS) for immigration petition for review. This will be mandatory for any PFR filed on or after 1 May 2021. What is the point?

here is the order: cdn.ca9.uscourts.gov/datastore/gene…
For pending PFR the filings are to continue through CM/ECF: no changes.

For post 5-1 PFR filing in ACMS is mandatory but only for (and available) for attorneys.
Any non-counseled PFR and all briefs and motions must be filed on paper and mailed. non-represented petitioner will not be able to file electronically.
Read 5 tweets
Apr 29, 2021
BREAKING: Niz-Chavez is out! “A notice to appear sufficient to trigger the IIRIRA’s stop-time rule is a single document containing all the information about an individ- ual’s removal hearing specified in §1229(a)(1).“

Happy filing, #immigrationtwitter!
This opening by J Gursuch ...💯!
Read 4 tweets
Mar 9, 2021
BREAKING: Ok #Noban tweeps, DOS has completed the review of the processes affected by the revocation of the #MuslimBan (PP9645 & 9983). Here is the half-a*s path forward
1/ If your immigrant visa (IV) was refused on or after 20 Jan '20 due #MuslimBan *YOU MAY* seek re-adjudication without resubmitting DS260 or paying any additional fees, provided the underlying visa petitions remain valid. You'll get priority adjudication. AWSOME news!
2/ If you IV was denied on account of #MuslimBan *before* 20 Jam '20 may you can request a reconsideration of the 212f refusal but you
-- must submit new application
-- pay a new application fee.

Absolutely unconscionable!
Read 9 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!