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2019 LV winners

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rose5

New Member
If someone who had won 2019 or 2020 lottery and got rejected only for being from the 7 counties that are being barred under the visa restriction law enacted under president trump's administration, do they have hopes to revive their cases under the new administration?. any such thing is possible at least constitutionally?.
 
rose5 said:
If someone who had won 2019 or 2020 lottery and got rejected only for being from the 7 counties that are being barred under the visa restriction law enacted under president trump's administration, do they have hopes to revive their cases under the new administration?. any such thing is possible at least constitutionally?.
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DV2019, certainly not. DV2020, depends on the outcome of the lawsuit.
 
Yes. A legal process of some kind could help to revive those cases in 2019 and more likely the 2020 ones. It may depend on if new administration lifts the ban.
 
No, I don’t believe so. @Britsimon , does the dv2020 lawsuit specifically apply to the April/June PP only or would other Trump bans such as “Muslim ban” also be included?
 
SusieQQQ said:
No, I don’t believe so. @Britsimon , does the dv2020 lawsuit specifically apply to the April/June PP only or would other Trump bans such as “Muslim ban” also be included?
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Well, the answer is a little complex. The lawsuit did not strike down any of the bans. Based on the earlier decisions over the Muslim ban, Judge Mehta decided that the president did have the right to ban entry into the USA. However, he then agreed with the argument that the government had no right to stop processing cases (including issuance) because of the ban on entry. DV cases were able to show actual harm (because of the deadline), and having the representatives plus 1000+ additional cases I had collected then showed widespread harm and allowed the Gomez case to achieve the class certification.

So - that meant that we got 6k visas issued in the last 3 weeks of September, that mostly (the main exception being re-issuances) could not be used while the bans were in place. But since new medicals were getting March expiry dates, we knew there was a chance to either strike down the ban itself under Trump (if he extended 10014), or even easier, Biden would win. The Muslim ban could only have been addressed by a Biden win because it had already been found lawful and has no expiry date.

The 9095 visas were reserved and the class certified at the 11th hour in order to stop the clock for that number of visas to potentially be issued. The part of the argument that is still not decided is whether Mehta had the technical authority to order the protected visas issued after the end of the year. Morrision/Urena researched/provided nice case law that gives Mehta a basis for that decision, but we now have to wait for that and appeals to play out.

So - Biden has said he will remove the Muslim ban. Trump may extend 10014, and if he does the assumption is that Biden would then remove that too. The Schengen and similar bans may be removed even by the current administration, but I don't have a good guess on whether Biden would remove those too, but as you have pointed out, those are easier to get around with a 14 day third country stay.

Fun stuff.
 
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