DV 2021 ALL SELECTEES

[wowongng]

By contrast, and this is of course just my opinion, I never understood why named plaintiffs did get an advantage. Some years back I remember reading a Q&A with someone from DoS or USCIS, I don’t remember which, and the question was asked why they did not allow people to pay extra and move to the front of the line for immigrant visas, in a similar vein to premium processing for work visas. The response was that all immigrants should be treated on an equal basis and there should be no advantage given to some just because they can afford to pay extra. Well, this is pretty much what happened when named plaintiffs got preference before - effectively they got an advantage because they could pay (even if the payment did not go to uscis/Dos), and that surprised me given what I had heard before. I don’t believe either Mehta or DoS addressed this though. Anyway, again this is just my opinion and also why I personally am more in favor of class action, I understand some here will disagree.

Most DV2021 suffer from this tragedy.
But it is necessary for someone to pay and fight
Here, plaintiffs spend their money to hire lawyers to fight for their fights
If plaintiffs cannot be benefitted anymore or are treated equally as others, then no one wants to pay

 

[wowongng]

I can accept losing the lawsuit, but I want is an answer/an order

 

[lasha]

yes, it is important to note that some people pay money for it, but there are people who cannot afford it, yes, maybe for some of them it is not so important and that's why they didn’t pay anything, but in any case it doesn’t mean that plaintiffs should become more important. I think both should be treated the same. if the judge's decision will be positive for the winners of the dv, the plaintiffs still benefit from this. Their funds will not be lost anyway

 

[SusieQQQ]

Most DV2021 suffer from this tragedy.
But it is necessary for someone to pay and fight
Here, plaintiffs spend their money to hire lawyers to fight for their fights
If plaintiffs cannot be benefitted anymore or are treated equally as others, then no one wants to pay

Yes, I said I knew some of you would disagree.
I would also note that some organizations like AILA have brought class action suits in the past without requiring plaintiffs to pay to get the cases moving. And some lawyers who get paid for most of the work will do some cases pro bono or for the public interest. But yes, most lawyers don’t work pro bono or for the public good or just on principles so they need someone to pay to take the case. And of course most would be immigrants won’t effectively crowdfund a case if they don’t think they’ll get preferential treatment out of it.
I maintain that the principle that money shouldn’t buy favor in immigration is correct (otherwise they might as well just rank immigrants by assets or income and most of you would lose out).

 

[wowongng]

Yes, I said I knew some of you would disagree.
I would also note that some organizations like AILA have brought class action suits in the past without requiring plaintiffs to pay to get the cases moving. And some lawyers who get paid for most of the work will do some cases pro bono or for the public interest. But yes, most lawyers don’t work pro bono or for the public good or just on principles so they need someone to pay to take the case. And of course most would be immigrants won’t effectively crowdfund a case if they don’t think they’ll get preferential treatment out of it.
I maintain that the principle that money shouldn’t buy favor in immigration is correct (otherwise they might as well just rank immigrants by assets or income and most of you would lose out).

I am realistic here only because I am one of the plaintiffs. There is no true or false of this question.
During the hearing the gov suggests that postponing DV2020 and DV2021 to fiscal year 2023.
It is illegal, but I can accept it honestly.

 

[wskamel]

There is nothing fair in this DV. Very low case numbers who have been DQ for over year aren't getting interviews in fully working consulates like Montreal while extremely high number cases are getting interview in other countries ( probably skipping also lower case numbers in these countries) . we pay the price mentally and financially because we are the most passionate about moving to US , pointing Judge to the chaos created by DOS but Judge will probably leave to DOS to decide who gets interview . And Guess what ? DOS will probably process the minimum number possible of plaintiffs to discourage future immigrant from going to court ( I have seen similar comment on EB AOS case yesterday in live video by lawyers so looks like government position of DOS & USCIS)
I would understand if Judge says reserve visas and work by case number regardless of being Plaintiff or not , restoring order . Leaving it completely to DOS is like giving them a second bullet to fire in the face of each immigrant.

And speaking about Money , DOS jumped quickly to process Student visas worldwide , because they will pay money ....

It is ok to disagree , but I am still looking for some explanation , why not processing DV visa by Montreal consulate was bad under President trump but ok under President Biden ?

 

[SusieQQQ]

It is ok to disagree , but I am still looking for some explanation , why not processing DV visa by Montreal consulate was bad under President trump but ok under President Biden ?

? there was a total ban on DV (and many other visas) under trump (until the court case got them to issue in sept). Different situation. The current situation is however a lot to do with the backlog caused by the Trump ban.

and actually the urgency for student visas is not money. It’s deadlines for term start. The same principle totally should have been applied to DV sunset clause and I’m not sure why no one has been arguing that one.

 

[wskamel]

? there was a total ban on DV (and many other visas) under trump (until the court case got them to issue in sept). Different situation. The current situation is however a lot to do with the backlog caused by the Trump ban.

and actually the urgency for student visas is not money. It’s deadlines for term start. The same principle totally should have been applied to DV sunset clause and I’m not sure why no one has been arguing that one.

I disagree , DOS can still process DV if they wanted , Sep 2020 was a good example what was the actual capacity. They chose to hide behind excuses , with no clear plan to reduce backlog. You mentioned it before as an example for Montreal back in March/April , 10 Cases per month isn't a pressure for that consulate, Yet they chose to not process even a single case .

Yes we understand they wanted to catch deadline for term start for students, but why they cared so much about that deadline vs DV deadline ? because students bring Money , I heard Lawyer Greg say it , I remember Brit Simon mentioned it .

Anyway Sep 30 isn't that far now , we wait and see the final output

 

[DV2020EU44]

Why KCC does not start scheduling DV2022 cases in October? Are they going to wait for more lawsuits or what? This only creates more backlog.

Are they even dealing with categories from prioritized tiers or it's just an excuse?

 

[Britsimon]

Yes, I said I knew some of you would disagree.
I would also note that some organizations like AILA have brought class action suits in the past without requiring plaintiffs to pay to get the cases moving. And some lawyers who get paid for most of the work will do some cases pro bono or for the public interest. But yes, most lawyers don’t work pro bono or for the public good or just on principles so they need someone to pay to take the case. And of course most would be immigrants won’t effectively crowdfund a case if they don’t think they’ll get preferential treatment out of it.
I maintain that the principle that money shouldn’t buy favor in immigration is correct (otherwise they might as well just rank immigrants by assets or income and most of you would lose out).

Yeah I agree. For this program in particular, it seems like money should not talk, but without the paid cases we would not still have a fight. So it's a bit blurry. I understand from the lawyers that there is a principle that named plaintiffs ("named members", representing a class) do normally get preferential treatment. But we don't have a class at this point.

 

[Britsimon]

There is nothing fair in this DV. Very low case numbers who have been DQ for over year aren't getting interviews in fully working consulates like Montreal while extremely high number cases are getting interview in other countries ( probably skipping also lower case numbers in these countries) . we pay the price mentally and financially because we are the most passionate about moving to US , pointing Judge to the chaos created by DOS but Judge will probably leave to DOS to decide who gets interview . And Guess what ? DOS will probably process the minimum number possible of plaintiffs to discourage future immigrant from going to court ( I have seen similar comment on EB AOS case yesterday in live video by lawyers so looks like government position of DOS & USCIS)
I would understand if Judge says reserve visas and work by case number regardless of being Plaintiff or not , restoring order . Leaving it completely to DOS is like giving them a second bullet to fire in the face of each immigrant.

And speaking about Money , DOS jumped quickly to process Student visas worldwide , because they will pay money ....

It is ok to disagree , but I am still looking for some explanation , why not processing DV visa by Montreal consulate was bad under President trump but ok under President Biden ?

Who said its OK???

 

[wskamel]

Who said its OK???

If Judge doesn't order mission critical for 2021 DV ( which is more likely to go this way considering today is Sep 8th ) , and just reserve # of visas at end of the month , even with filing in Goh in July stating clearly Montreal has processed 2.5 K immigrant visa but Zero DV . Doesn't that means it is ok ? not fighting or arguing but trying to understand why it is not mission critical for Montreal and similar consulates

 

[SusieQQQ]

I disagree , DOS can still process DV if they wanted , Sep 2020 was a good example what was the actual capacity. They chose to hide behind excuses , with no clear plan to reduce backlog. You mentioned it before as an example for Montreal back in March/April , 10 Cases per month isn't a pressure for that consulate, Yet they chose to not process even a single case .

Yes we understand they wanted to catch deadline for term start for students, but why they cared so much about that deadline vs DV deadline ? because students bring Money , I heard Lawyer Greg say it , I remember Brit Simon mentioned it .

Anyway Sep 30 isn't that far now , we wait and see the final output

Oh my WORD you can “disagree” !!! yes and so did we and so did everyone who fought the darn court case back then to get them to do it and is fighting the current ones!!! you’ve got a great capacity for confirmation bias, little point discussing this stuff with you especially when you manage to try to argue with me by actually agreeing on a point I already made, jeez.

PS just because a lawyer says it doesn’t mean it’s true.

 

[SusieQQQ]

If Judge doesn't order mission critical for 2021 DV ( which is more likely to go this way considering today is Sep 8th ) , and just reserve # of visas at end of the month , even with filing in Goh in July stating clearly Montreal has processed 2.5 K immigrant visa but Zero DV . Doesn't that means it is ok ? not fighting or arguing but trying to understand why it is not mission critical for Montreal and similar consulates

What you may not understand is that Montreal already had a 6 month + backlog on immigrant visas before the Trump ban came in. Some people who have been getting issued visas now have been sitting waiting since being DQ’d and current in 2019, before you even entered DV. I know you are looking at it from your perspective, they are looking at it as of course they should get preference as they should have got their visas two years ago already. (Yeah yeah I already know you disagree and why , you don’t need to tell me)

 

[wskamel]

What you may not understand is that Montreal already had a 6 month + backlog on immigrant visas before the Trump ban came in. Some people who have been getting issued visas now have been sitting waiting since being DQ’d and current in 2019, before you even entered DV. I know you are looking at it from your perspective, they are looking at it as of course they should get preference as they should have got their visas two years ago already. (Yeah yeah I already know you disagree and why , you don’t need to tell me)

The question was for Brit Simon .

 

[Sm1smom]

The question was for Brit Simon .

Any member is free to answer any question publicly posted in this forum, regardless of who it was addressed to or who you wish to answer.

 

[wskamel]

Ok , lets keep discussing then, So it was ok to process 2020 DV over delayed backlogged immigrant visas in Sep 2020 , but in Oct 2020 this suddenly is not acceptable ? doesn't make sense at all .

And DOS cared more about students life than Family based immigrants ?!!

 

[SusieQQQ]

some people really don’t see the big picture. I guess you’ve never been exposed to management of higher education, Hundreds of colleges with many thousands (somewhere in the tens of thousands if not more) of places set aside - for which students have paid deposits and in some cases already full fees - should those places just go empty for a year and the kids pretty much lose a year of their life if they can’t start on time? No, that doesn’t mean it’s more important than DV but it’s entirely understandable that for both the colleges and the students who had both made concrete plans already based on offers being made with immovable start dates for colleges, would see students getting emergency visa appointments coming up to semester start. If you had had concrete plans based on something - a job offer for example - you could have got an NIE and got an “emergency” DV interview too.

And DOS cared more about students life than Family based immigrants ?!!

that’s a funny comment clearly purely aimed at being argumentative, seeing as you care more about DV than about them too. (I guess you missed that IR and K categories were also prioritized, though)

 

[wskamel]

If you had had concrete plans based on something - a job offer for example - you could have got an NIE and got an “emergency” DV interview too.

I have Job offer , and sent to Consulate , nothing changed . They say we are processing relatives of American citizens , I told them I am a father of American citizens kids who look forward to go back to US , nothing changed .
I wouldn't judge what you have been exposed to , but personally I worked with senior management on projects worth up to 700 million $ in highly regulated industry in multiple countries including US, UK and Canada. I have never seen such management style , even in my Masters degree in history of bad management , if we can call this management !

 

[SusieQQQ]

I have Job offer , and sent to Consulate , nothing changed . They say we are processing relatives of American citizens , I told them I am a father of American citizens kids who look forward to go back to US , nothing changed .
I wouldn't judge what you have been exposed to , but personally I worked with senior management on projects worth up to 700 million $ in highly regulated industry in multiple countries including US, UK and Canada. I have never seen such management style , even in my Masters degree in history of bad management , if we can call this management !

oh for crying out loud, if you’re such an expert at management you’d understand exactly what I was getting at rather than changing tack yet again and using it as an opportunity for criticizing management in general in the US. I guess you really just are not interested in reasons, or anything that doesn’t support your own case.

I’m sorry then that you really had a terrible consulate to deal with, as I actually know of people who did get visas in similar circumstances at other consulates. You presumably were not born in Canada if you got selected for DV, why could you not process it at the consulate of your birth or nationality country? I do know of others who did that too. Anyway … this is more thinking out loud than looking for answers, so please - PLEASE! - don’t feel you need to reply.