LueyG
New Member
Summed up so well!!!
Thank you so much for sharing this, felt less alone
Wishing you the best of luck too. I really hope things are going to work out for everyone xLaw Offices of Rajiv S. Khanna, P.C.
DV 2021 Oceania Selectees
- Thread starter ausdoughnuts
- Start date
Thank you so much for sharing this, felt less alone
Wishing you the best of luck too. I really hope things are going to work out for everyone xEven in the 2000....I think brit said in his video last year.... u were safe below 1500 and 1500-2000(there is chance)....anything higher the chances were low...they should have not done this....I feel for you guys but then again .....this is OC,there is a 1 in 20 % chance ...so try again
Ckb
Active Member
Although I've been living in the US for over 6 years, I have been entering the DV lottery for more than a decade. 2022 was the first year I was selected. Might not be selected again but agreed, try again!
Mine took three days in a similar situation to yours (initially refused pending receipt of medical) but, as you know, there’s lots of variation between cases. I’d take the change in status as a sign of progress though!
AshleyMarleyNZ
Active Member
A friend was in a similar situation to you (refused pending medical) and once she went back to ready it was only a few days and she went to issued. Im so proud of you and excited for you, you did the damn thing. Way to go dude!
Green&Gold
Active Member
Brit made a very good post earlier in the forum.
Are you a named plantiff? That is your only hope now.
The rationale/framework from when an embassy can work, and at what level is described in the "Diplomacy Strong" plan. I have linked below so you can see some of the factors they consider to determine whether an embassy should be in Phase I, II or III. Being in a lockdown with significant restrictions on activities in the local area (like non essential business being closed, no large gatherings, restriction on daily activities or travel) would be used as factors to put the embassy into Phase I status, and in that status they will only do "mission critical" activities. It has nothing to do with (as suggested in the earlier comments in this thread) about whether the embassy itself has been ordered to close or not. It's an ongoing assessment of local conditions.
Judge Mehta did not order that DV be treated as mission critical. I raised that to the lawyers months ago as an important point to argue for, and in the 2020 opinion Judge Mehta described the decision to not consider DV as MC as arbitrary and capricious. However, the lawyers did not shoot for that in DV2021 and only challenged the Tier 4 position (which got blocked for DV2021). The "expeditiously process" part of JMs ]ruling doesn't overcome that either. So in this scenario the embassy will stay closed, and will not process cases while they are in Phase I.
As to non plaintiffs getting relief. It's hard to see a path for that now. Without a class JM is limited in what he can do in protecting people that no one represents. I guess he could theoretically "over reserve" numbers just in case not doing so affects plaintiffs, but based on all his past comments and actions I don't see him doing that. There are some technical factors at play also as shown in this screenshot of a transcript of the case when it was before Judge Chen.
View attachment 3023
It's a crappy situation, but I wanted to be clear.
Diplomacy Strong
www.documentcloud.org
Hi everyone,
Here we are in the last few days of Sept. and never thought that it would end like this.
I do hope and pray that there will be many great outcomes this week so that so many people like my husband and myself all over this world can receive their chance to have a fresh start and a new beginning in the wonderful amazing United States Of America.
I have spent many hours on twitter this past week and reading the many comments of so many has been heartbreaking.
I saw this tweet on BritSimons twitter and read through the comments and this one comment stuck with me.
PLEASE SEE COMMENT BELOW TO THIS QUESTION THAT BRIT POSTED.
Just an observation of mine........ My husband and I were driving down the main street of our local town (which is currently in lockdown) last weekend and i took note of all the businesses that were open and were finding ways to provide essential services to it's community unlike the consulate which is unfortunately closed as they have no way of conducting their cancelled interviews safely apparently?
This left me feeling so frustrated. My husband and I are fully Vaccinated as i am sure so many others are as well but we cannot attend another service that is deemed to be essential as WELL and have an interview appointment.
We were allowed to attend our medical in Sydney when in 'lockdown' but were not allowed to attend our interview 10 days later.
We feel so lost and disappointed ..........
X
Here we are in the last few days of Sept. and never thought that it would end like this.
I do hope and pray that there will be many great outcomes this week so that so many people like my husband and myself all over this world can receive their chance to have a fresh start and a new beginning in the wonderful amazing United States Of America.
I have spent many hours on twitter this past week and reading the many comments of so many has been heartbreaking.
I saw this tweet on BritSimons twitter and read through the comments and this one comment stuck with me.
PLEASE SEE COMMENT BELOW TO THIS QUESTION THAT BRIT POSTED.
Just an observation of mine........ My husband and I were driving down the main street of our local town (which is currently in lockdown) last weekend and i took note of all the businesses that were open and were finding ways to provide essential services to it's community unlike the consulate which is unfortunately closed as they have no way of conducting their cancelled interviews safely apparently?
This left me feeling so frustrated. My husband and I are fully Vaccinated as i am sure so many others are as well but we cannot attend another service that is deemed to be essential as WELL and have an interview appointment.
We were allowed to attend our medical in Sydney when in 'lockdown' but were not allowed to attend our interview 10 days later.
We feel so lost and disappointed ..........
X
Green&Gold
Active Member
Aus21, I feel your pain. Medical obtained on First day of Lock down in June, and cancelled as well.
My only "regret" was I didn't consider other countries in time: UK/Canada where I have family ties, and try to get processed there.
Unfortunately its classic bureaucracy. Fingers crossed for a good outcome from Judge Mehta.
Otherwise next month we can try our luck again.
My only "regret" was I didn't consider other countries in time: UK/Canada where I have family ties, and try to get processed there.
Unfortunately its classic bureaucracy. Fingers crossed for a good outcome from Judge Mehta.
Otherwise next month we can try our luck again.
Eh I’m not gonna celebrate yet. There’s literally 3 days until the end of FY2021 and I need it to be issued until then. It’s been at Ready since the 22nd.
Just sent an email to someone at the Immigrant Visa section in London asking them if they could look into my case. Hope it doesn’t annoy them.
Edit: He said I got it!!!!!!!!!
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Congratulations!!!
Congratulations to you.
You should feel very proud of yourself and all your efforts that you took to make it happen for yourself during this very difficult time.
This makes me so happy to know that others are getting the result that everyone so desperately desires right now.
Wishing you all the best for the future and I am sure with the amazing efforts you undertook to make it happen for yourself that you will do great things in the USA.
AshleyMarleyNZ
Active Member
Congratulations!! You and only you made this happen for yourself. I’m super proud!! If you’re ever in the AZ area let me know
Thank you!! It honestly makes me sad too that the lockdown in Aus/NZ has been such a disaster for DV2021 and in general, especially with such a great start to the year. I for one still have a car to sell in Sydney.
Hopefully the judge will deliver some kind of relief soon - he looks pretty close to reserving visas tomorrow.
Thank you I appreciate it!! I will, and let me know if you visit NCCongratulations!! You and only you made this happen for yourself. I’m super proud!! If you’re ever in the AZ area let me know
Still a bit confused about the DV 2020 lawsuit. It's my impression from the Brit Simon vids and info on here that the hope was the outcome would set a precedent for DV 2021. It appears that only named plaintiffs will have a chance from DV 2020.Thank you!! It honestly makes me sad too that the lockdown in Aus/NZ has been such a disaster for DV2021 and in general, especially with such a great start to the year. I for one still have a car to sell in Sydney.
Hopefully the judge will deliver some kind of relief soon - he looks pretty close to reserving visas tomorrow.
Thank you I appreciate it!! I will, and let me know if you visit NC
Does this mean that after the cutoff (in 2 days), there would be the opportunity for DV 2021 winners to begin a new lawsuit?
Also - when you say "hopefully the judge will deliver some kind of relief soon - he looks pretty close to reserving visas tomorrow" - do you mean just reserving visas for the plaintiffs of the original lawsuit?
And congrats - I had no idea you could try and get it transferred to another country in order to be processed, otherwise would've maybe tried for that as well.
LueyG
New Member
There are multiple lawsuits for DV2021 atm which have been around for quite a while. The discussion is that a reservation will only look after named plaintiffs and it is unlikely there will be relief for non-plaintiffs unfortunately. I signed up for the DV2021 suit I am on early this year which is the Goh case, so we're going to find out the result of it in the coming days. Does this help to clarify?
Green&Gold
Active Member
2020 was different.
In September 2020, lawyers had filled a class action. This granted relief to all 9095 visas (plantifs and non plantifs).
This is from the transcript of the case when it was before Judge Chen.
View attachment 3048
Keeping in mind 2020 was different all together, government wasn't processing at all and using covid as an excuse, this time we are more impacted by local factors.
Once the fiscal year has ended that's it, a new lawsuit can not help.
Yes - thanks for that. Yes, it does make sense. I guess I didn't understand that there were lawsuits for DV 2021 that could be joined ahead of the deadline, as at the beginning of the year it still looked like all would be fine (my interview was cancelled 5 days before I was meant to go!).