🚨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.
4. The declaration is cryptic AF, so I have no idea what "deployed" exactly means, but my guess is that there are 36,872 cases from the two prior years that would be at play for possible issuance of visas IF DC Circuit AFFIRMS the decisions of J Mehta & Chutkan.
5. As I speculated before KCC would likely not be involved so these 36872 cases probably include
* cases that were already transferred to consulates
* cases where interviews were cancelled or in AP
* cases where KCC had processed DS260 & run fraud checks (even if they did not
process the documents & sent a documentary ready email. What I used to call the "ppl in the ready line".

Based on info we were able to get last year there were ~19K #DV2021 in that "ready line" on 30 Sept. So this #s sounds about right for both years.

But here is the conundrum
If I am on the right path that could severely prejudice some #Gomez class members. If KCC is not re-involved to process DS260 & run checks, then the 9095 visas would be distributed only to ppl in the "ready line" (my own term, so not gonna find definition in reg or decl) ...
this is not what Judge Mehta orders envisions in my opinion. Especially since for #DV2020 KCC did not process in order of RN as they are doing this year. It was wild run to the finish line in Sept so, cases are not in order on consular lists.
6. Even more problematic for #DV2021 (potentially), as we have Rai reservation to all who were "to be adjudicated" at 28 EU, Rio, & SA consulates even if not plaintiffs in Rai but Goh/Goodluck/Filazapovich reservation is only for "named plaintiffs".
approach judges Mehta and Chutkan took on this specific point cannot be easily reconciled so I expect that DC Circuit would have to decide which is the right approach in APA cases:
*relief is for only parties before the court
*for anyone affected by unlawful action
If it is the latter, then they may have to revisit the numbers by whatever formula they think is proper likely what was done in Gomez. If it is the former, I don't think there are enough ppl in "ready line".
7. one thing I am sure! DOS will f*ck it up for sure.

LOLRG plaintiffs I will do a zoom this Saturday to discuss in depth ... (some extra gems to share).
CLARIFICATION: The 36,872 number appears to be *cases* not DS260 applications. Generally when govt refers to "cases" it means the principal selectee regardless of number of derivatives. So, if indeed there have "deployed" 36872 cases the number of actual applicants associated ...
is probably double. Also, seems to me that they have combined both DV2020 and DV2021. So, no way to figure it out unless they provide more info.


So, chill and let's wait for DC Cir to decide!

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More from @NicoletteGlazer

Jul 19
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.
Read 13 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

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