DV 2022 OC Selectees

[Britsimon]

I have discussed this with legal Eagles but it will be up to them to announce their plans.

Jesse Bless has asked me to "announce" his plans here. He is planning to release an onboarding site early next week. I don't know the details of what he is planning, but he is aware of the problem with Sydney embassy, and he believes he can help.

For those that don't know him, Jesse was the Director of Litigation at AILA and also previously worked for the government. So - he believes he can use his experience and contacts to resolve issues - but he can explain his strategy better than I.

So - wait until Monday/Tuesday or if you want you can DM him on twitter. https://twitter.com/blesjm1

 

[blesjm1]

I wonder if the KCC would actually do this as it seems from Britson's video's and the advice from Suva consulate above that this is not the normal process as per "U.S Immigration Law" and they would not necessarily agree to it...

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

 

[JPaus]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Hi Jesse,
I am definitely interested in learning more.
Let us know when the onboarding site is ready, I will register there too.
Thanks!

 

[OC202218XX]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Yes, 100% interested. Please let us know next steps when you are ready. Appreciate it! Thanks.

 

[jbsydney]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

I am very much interested in this and can’t wait to hear more!

 

[AUDV2022]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Yes please, I would like to learn more...

 

[AusOC]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Thanks Jesse, looking forward to learning more on next steps!

 

[Geelong22]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Thank you Jesse! Definitely interested.

 

[BrisOC22]

Also definitely interested in hearing more about it! Anything that could help us get our interviews would be amazing. I'm happy to wait, as long as I get it in the end, but as each month goes by I get more concerned that we won't at all. Don't really know anything about these lawsuits though but I'm sure the onboarding website will explain more, but is there any negative effects if we are to join and the law suit isn't won?

 

[AUDV2022]

Thx Simon. Are there other lawyers who we should also speak to? Who do you think would be the best equipped to help?

 

[Britsimon]

Thx Simon. Are there other lawyers who we should also speak to? Who do you think would be the best equipped to help?

Immpact litigation are also starting a lawsuit - but it has a different strategy. I believe Jesse is going to try to address specific embassies - but you have time to learn about both possibilities.

 

[090521@0411]

Also definitely interested in hearing more about it! Anything that could help us get our interviews would be amazing. I'm happy to wait, as long as I get it in the end, but as each month goes by I get more concerned that we won't at all. Don't really know anything about these lawsuits though but I'm sure the onboarding website will explain more, but is there any negative effects if we are to join and the law suit isn't won?

Any law suit would be, I suspect, a Mandamus Action, which is basically a Court Order ordering the Government to do their job, in this case, interview DV 2022 selectees in Australia even if the SYD Consulate is closed, or, allow the selectees to be interviewed at another Post abroad.

In my unqualified legal opinion success in any law suit may come down to the reason/s offered by the Respondent as to why no DV 2022 selectees have been interviewed in Australia since 1 October 2022. SYD Consulate says their move has been delayed due to COVID. By memory the SYD lock down ended in October 2021, so that argument doesn’t seem valid, and if evidence can be obtained of tradies working on the SYD Consulate site that would assist us.

Furthermore, given that MELB Consulate IS conducting IV interviews, but not DV interviews, only helps us further, particularly after tier prioritising ended. I can see no reason why DV interviews are not being held at MELB Consulate when IV interviews are. It can't be lack of staff as surely with the SYD Consulate closed the SYD staff could be sent to MELB.

Also, need to ascertain what exactly “U.S. Law” prevents a DV 2022 selectee meant to be interviewed in Australia from transferring their case abroad. Thats a question for the “Legal Eagles”. The way I read the DV 2021 OC thread on this forum, those who were suppose to be interviewed in SYD last year transferred their cases to AUCKLAND.

As for negative effects of any law suit, I have no idea how the U.S. civil law works, however here in Australia in the civil jurisdiction, if you lose, you can end up paying the winning party’s legal costs, and therefore I suspect the goal of any law suit would be to settle before it gets into Court.

Everyone should print or screen shot any of these updates posted on Consular websites or their social media pages, before they disappear.

 

[DVOC]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Thanks Jesse. 100% interested in this. OC6xx

 

[Dv22melb]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Hi Jesse - definitely interested too! Please let us know next steps. Thank you!

 

[Von_Vaugn]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Thanks for the introduction Jesse -- I am interested and please share more details once ready.

 

[AusOC]

Good morning all,

New member here, and whilst some of you may not agree with me, I think there needs to be a reality check, based on what happened to DV 2021 selectees meant to be interviewed in Australia, the COVID situation (especially in NSW) and the most recent posts in this thread.

If the new SYD Consulate is indeed a “construction site”, a law suit is needed, ASAP.

Three months (one quarter of the DV year) has already been lost, with not a single interview even listed for any Post in Australia, let alone conducted, the new SYD Consulate site is alleged (and I don’t doubt it) to be a “construction site”, and COVID is (according to the news) out of control in NSW, with 45K positive cases in the last 24 hours and double digit deaths. It was a lot less than that last year for the NSW Government to put SYD into lock down, and even if SYD remains open this year, the U.S. Government are quiet within their rights to close their SYD Consulate if they believe COVID is any risk to their staff.

My personal opinion is if you can’t get an interview in Australia by April your in trouble if the COVID figures continue their growth, think about this, what happens if all the tradies working on the SYD Consulate site get COVID? they don’t work thats what happens, and the construction is suspended.

Another factor some of you may have forgotten is in exactly sixteen weeks from today the DV 2023 results come out, and the apparent under resourced KCC will be swamped with tens of thousands of new DS 260s, emails, telephone calls etc.

Now for the harsh bit, I am a strong believer in you get what you pay for. If a law suit is to be filed, it should be a class action, with any benefit going to the class only. If you can’t afford to participate in a law suit, you can’t afford to move to the U.S. I have no affiliation with any U.S. lawyers whatsoever, and I can guarantee you if their stated fees for other class actions are the same for any Australian class action, those fees are more than reasonable. See what $2,500.00US gets you in an Australian Court with an Australian lawyer, SFA thats what.

Perhaps we should get a number of how many DV 2022 selectees meant to be interviewed in Australia are on this forum and would be prepared to join a class action?

I had a read through the OC DV 2021 thread on this forum, and those who chose not to join last years’ law suit found out the hard way this is not a game for free loaders, those who want to sit on the fence, those who don’t forward think, those who are not realists and/or those who live week to week.

I do have experience representing myself in Court, and have not lost a case yet, including in the Supreme Court against Silks, and I do have investigative experience.

AusOC, you said you did a walk by of the SYD Consulate this week? Any chance of doing another walk by and this time getting some good (covert) photos/video of the site, and in particular any tradies working there? If we can see some good photos there may be some members on this forum with construction experience who can give us an indication of how long the construction has to go. Tradie vehicles with company logos are also important, as this kind of evidence negates any argument from the U.S. State Department in Court that the SYD Consulate was also closed due to COVID. Whilst it obviously had to close for the move, and the construction will take longer for security reasons (being at ground level they likely need to ensure China hasn’t penetrated the foundations from under the foundations – IM BEING VERY SERIOUS) prove to a U.S. Court the SYD Consulate only closed for the move, and didn’t move DV operations to MEL or PERTH Consulates, or allowed selectees to be interviewed in other counties, like in PNG where the Port Moresby Consulate (a short flight north) actually put out audio clip on their Facebook page of an interview with the media in late October 2021 encouraging DV entries and stating they were “open for DV business”, and it will likely increase the chance of a successful class action.

However if/when the SYD Consulate, be it a construction site or fully operational, closes in 2022 due to COVID, that closed time will likely be unsuccessful in any law suit.

Lets get a number of just how many 2022 DV selectees are on this forum who are meant to be interviewed in SYD.

Stay safe everyone, wash your hands, wear your mask and for F's sake if haven't already, get your COVID jabs, the only thing worse than COVID is getting COVID on the eve of your DV interview.


-----------------------------
2022OC5XX
DS 260 submitted November 2021
No documents requested or submitted
Scheduled for interview December 2021
Current as of January 2022

Just to let you know that I wont be able to get you any sneaky photos - the site is completely blocked/hidden. I was lucky enough to go past as two people were standing in the entrance with the door open having a conversation, even if I were to replicate this luck again I wouldn't be able to get any photos.
I go for a walk past at least once a week so will keep everyone updated if anything changes at the site.
I have also written to my local MP for North Sydney asking for help in obtaining a timeline from the consulate on the construction progress.
Just to confirm for everyone the building already exists with other tenants, we are only waiting for the consulate's tenancy fit out.

 

[Maximum]

Hello, my name is Jesse Bless and I am the former Director of Litigation at the American Immigration Lawyers Association where we remain class counsel for DV2020 (the Gomez case). I am now in private practice and in regular contact with Simon. I have learned much about the specific issues in Australia regarding the non-scheduling of DV2022 for interviews. Although my firm and I are considering a lawsuit for DV2022, we are also willing to help those with specific consular issues if it's most helpful for those suffering from consular-specific issues. If you are interested in learning more, please let me know. Our goal would be to sue the government so that they schedule interviews for our clients. We could represent those at an individual or group level for those with current visa numbers and submitted DS260s. If nothing else, I wanted to make you aware of this option. My best--Jesse

Hi, I also look forward to hearing more about this option,
Thanks

 

[090521@0411]

Just to let you know that I wont be able to get you any sneaky photos - the site is completely blocked/hidden. I was lucky enough to go past as two people were standing in the entrance with the door open having a conversation, even if I were to replicate this luck again I wouldn't be able to get any photos.
I go for a walk past at least once a week so will keep everyone updated if anything changes at the site.
I have also written to my local MP for North Sydney asking for help in obtaining a timeline from the consulate on the construction progress.
Just to confirm for everyone the building already exists with other tenants, we are only waiting for the consulate's tenancy fit out.

I guess that makes confirmation somewhat difficult.

Only options short term to determine an approximate opening of the SYD Consulate would be to strike up a general conversation with someone on the worksite, and if your lucky they may let it slip, or lodge a FOI request with the U.S. State Department.

The danger now is sooner rather than later both SYD and MELB Consulates will likely close due to COVID, and I suspect any law suit would be limited to only cases current up to immediately prior to consulates closing due to COVID.

SYD Consulates’ previous location was the MLC Building, one of the most expensive properties to rent in SYD, meaning they would have had to give several months notice minimum to MLC Building management they were moving, and therefore there were several months to put in place contingency plans for DV interviews. The SYD Consulates’ web site says this move was planned long ago, and its comments like that that make it important for any future law suit to save/print these pages from their web site.

There may also be a legal argument that selectees should be able to transfer their cases abroad if no Posts are open in the selectees home country to be interviewed.

-----------------------------
2022OC5XX
DS 260 submitted November 2021
No documents requested or submitted
Scheduled for interview December 2021
Current as of January 2022

 

[Chooch91]

Has anyone who is interviewing in London received their invite to interview yet? I just received mine today but I have a couple of questions

 

[Britsimon]

Jesse is holding a call on Friday afternoon (EST) which would be early Saturday.

Those interested in joing that call should register interest here:

DV 2022 Interest — Wasden Banias

www.wasdenbanias.com