On September 4, 2020, the U.S. District Court for the District of Columbia granted preliminary relief in part in Gomez, et al., v. Trump, et al., a lawsuit filed by AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, to challenge the presidential proclamations suspending entry of certain immigrants (PP10014) and nonimmigrants (PP 10052).
The court found that the plaintiffs, including those in three related lawsuits, are likely to succeed on their claims related to DOS’s non-processing of 2020 diversity visa (DV) applications. The Court ordered the State Department to immediately undertake good-faith efforts to expeditiously process and adjudicate, issue, or reissue visas for DV-2020 diversity visa applicants and their beneficiaries by the September 30, 2020 deadline. The Court indicated that it would revisit the plaintiffs request to extend the deadline at the September 25, 2020 status conference between the parties.
Individuals selected in the Diversity Visa Lottery for 2020 should immediately request an emergency visa appointment at their local consulates and ask to be treated as “mission critical.” You should check the website of your consular post for information about requesting and expedite appointment and contact the consular section’s email, if available. To ensure that the urgency of the issue and the issue itself be flagged in the subject line and at the top of any correspondence be sure to state “Emergency Visa Appointment Request for DV-2020 Selectee Pursuant to Federal Ct. Order in Gomez v Trump .” Any DV selectees that are either denied an appointment or don’t receive a timely response, should complete this form from Innovation Law Lab, which seeks to collect this information to update the Court concerning whether the administration is promptly and properly adhering to the order.
Please note this only applies to the 2020 Diversity Visa selectees who were notified in 2019 and not the more recent 2021 Diversity Visa Selectees notified earlier this year.