President Biden lifted the Trump administration’s orders preventing foreigners from moving to the U.S. on new green cards, saying the orders failed to advance American interests. Trump first enacted the ban last April, and it was set to expire March 31. However, Biden’s proclamation revoked that ban and its extensions a month early. Family members of U.S. citizens and green card holders will now be able to immigrate to the U.S., along with individuals who were selected to receive visas through the diversity visa lottery, which allows the U.S. to accept 55,000 immigrants annually from countries with historically low levels of immigration.
Posted on September 16, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS announced that, following the district court ruling in Gomez, et al. v. Trump, et al., DV-2020 applicants may be processed in embassies and consulates where local health conditions and post resources allow. If a post is unable to process cases due to local conditions and resource constraints, an applicant may request a transfer to another post. The announcement includes a prioritization plan for DV-2020 applicants.
Posted on July 14, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A group of 226 Diversity Visa program selectees and their families from over 65 countries filed a complaint in district court arguing that the Trump administration has suspended the DV-2020 program through policies, procedures, and practices that are contrary to the INA and federal regulations governing the program.
Posted on September 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that, on the present record, the case is not moot, because whether the district court retains the authority to award relief to the plaintiffs—winners of the 2017 diversity visa lottery from countries included in Executive Order 13780’s travel ban—is a merits question, even though the statutory deadline to apply for the diversity visas has passed. Accordingly, the court reversed the order dismissing the case for lack of subject matter jurisdiction and remanded to the district court for further proceedings.
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 