Britsimon
Super Moderator
@Britsimon , Thanks for your help. I have 2 questions
1) can the POTUS order government to issue DV visa from 2018 for example based on his EO for cancelling Muslim Ban ? even it will be issued now in 2021?
2) Assuming he can , would it be possible , he doesn't want to cancel the immigrant ban , but come later and issue a reversal and allow DV2021 visas to be issued after Sep 30 , hoping that Covid would be under control by that time ?
Mom is correct. Potus could not just write an EO for this. No Judge could do that either. I had an interesting conversation with one of our lawyers. I stated my understanding that reopening DV2017 to 2019 cases was impossible and he said they were looking at it. However, when pushed, he said it would take congress. In other words, new law, specifically to address that injustice. Realistically, that is not going to happen.
As for DV2021 - again, without a change in the law we have to look at legal solutions. IN DV2020 the Judge reserved 9095 visas for later issuance, believing that it may be possible by doing so to issue those visas after a final decision. Mehta didn't seem entirely convinced that was even possible, but he believed reserving the visas protected their interests to avoid the issue becoming moot.
Now having said that the Gomez and Aker lawyers have not accepted the 9095 as a limit, indicating that they believe they can argue a way to get an order to go beyond the reserved visas. That is being argued in the Gomez appeal under consideration now.