DV 2022 OC Selectees

[Britsimon]

May not be fair to the government, but neither is letting a few reschedule because they threatened with a lawsuit and others didn't Look forward to hearing Jesse's response on that though! The sooner the better of course, but May would also let people see if they won in DV23. For me I mostly want to see the time frame as like I stated earlier, 2k AUD is a lot more reasonable than the potential 6k.

Yep there is something intrinsically "unfair" in the legal processes. Many people will not join the lawsuits even for a few hundred bucks because that is a crazy sum of money in their minds. BUT Justice sometimes means looking after yourself first.

About the rescheduling, a lawsuit could certainly benefit others, it might cause a change of policy. Plaintiffs should understand that others could benefit too since we actually had some plaintiffs in other suits complain not about their win, but because others won too. So again, if that is how you would feel in those circumstances, then perhaps you shouldn't be a paying plaintiff. It's your choice entirely.

 

[090521@0411]

As for input to the lawsuit, if you don't mind I would say this. I have had some experience with some people who thought they knew the best ways to win the lawsuits and were very vocal about it. We refer to them as barrack-room lawyers in the UK.

Yeah they are referred to here as "bush lawyers" and the saying is "only a fool is their own client", seen plenty of them in Court here, and they p*ss off the judges so much by the time its my turn the judge usually takes it out on me. Government lawyers have even referred to me as a vexatious litigant in Court, and a pest (amongst other things) outside the Court. Strange, because I haven't lost a case yet, and as I said in another post, that includes against QC's, who were assisted by junior counsel and instructed by government lawyers. Jesse may not know what a QC is, but Im sure you do. If Im a bush lawyer then I am an exceptionally good one. with,as the saying you would understand, "with the runs on the board".

As for chilling out, I have been nothing but chilled, even tried to crack a joke yesterday with Jesse's typo about killing a plant.

My question, and therefore concern, stands, can the applicants to this lawsuit have DOS's costs awarded against them if the lawsuit is unsuccessful? The question of the applicants being awarded costs if successful is a secondary and less important question, as the question of having costs awarded against me if I join any lawsuit is the question that decides whether I join any lawsuit. If your unqualified opinion is that "technically" you may/can sue for costs if you win suggests to me that "technically" the DOS may/can sue for their costs if you lose. Just because it has not happened before doesn't mean it can't happen, and governments love (small) test cases, because if they win, they use the precedent to make larger cases go away/fail.

 

[AUDV2022]

Simon - thanks for all your wonderful notes. I love your remarks about an influencer. I have sent you some gifts on YouTube and on your website over the past few months and will continue to do this for your help.

I have read everyone's notes... I am leaning towards the Impact Litigation case to 1, reserve my spot and 2, something that is more cost conscious (noting with the exchange rate we are looking at approx. 30% premium).

Jesse - I would love to partner with you though the price is a little prohibitive being in Jan 2022. If they have 60 days to respond that is only March/April 2022. I would be more willing to pay that high cost if we were further into 2022. I do understand its a bespoke offering and the price is reflected as such.

Lastly, if some do decide to partner with Jesse, and that benefits us all as a group, I would be happy to rebate some of your fees as I don't want to be a freeloader...

 

[BrisOC22]

Simon - thanks for all your wonderful notes. I love your remarks about an influencer. I have sent you some gifts on YouTube and on your website over the past few months and will continue to do this for your help.

I have read everyone's notes... I am leaning towards the Impact Litigation case to 1, reserve my spot and 2, something that is more cost conscious (noting with the exchange rate we are looking at approx. 30% premium).

Jesse - I would love to partner with you though the price is a little prohibitive being in Jan 2022. If they have 60 days to respond that is only March/April 2022. I would be more willing to pay that high cost if we were further into 2022. I do understand its a bespoke offering and the price is reflected as such.

Lastly, if some do decide to partner with Jesse, and that benefits us all as a group, I would be happy to rebate some of your fees as I don't want to be a freeloader...

Thats incredibly noble - would we have any way of knowing which law suit was the one that ended up getting everyone interviews though? (I guess whichever one wins first?). I do wish there was like a 'group buy' like someone asked about during the meeting, where it gets cheaper the more people that join as that would entice a lot more, but as Jesse has stated, the smaller the better for those that do join him. Pay a premium price for a premium law suit I guess I'm going to personally take some time to think about it and see what everyone else decides on/hear what others are thinking. And of course to give Jesse a chance to respond to everyones questions so we can make a more informed decision.

I can definitely justify Jesse's prices if it gets me a green card, just hurts the wallet Would definitely like to hear more on what Jesse thinks the chances of getting us interviews within a month would be (but also understand he doesnt want to give false hope/promises or misleading estimations as that would upset people if it doesnt happen). Regarding the "refund if you get your interview notice within x date" Jesse, does this just mean the date that the government agrees that they will schedule our interviews? or is this a case by case basis and we could all be given our interview notice at a different time to one another (meaning some could fall under the refund policy and others wouldnt, despite both plaintiffs 'winning' the lawsuit at the same time?)

 

[Geelong22]

Simon - thanks for all your wonderful notes. I love your remarks about an influencer. I have sent you some gifts on YouTube and on your website over the past few months and will continue to do this for your help.

I have read everyone's notes... I am leaning towards the Impact Litigation case to 1, reserve my spot and 2, something that is more cost conscious (noting with the exchange rate we are looking at approx. 30% premium).

Jesse - I would love to partner with you though the price is a little prohibitive being in Jan 2022. If they have 60 days to respond that is only March/April 2022. I would be more willing to pay that high cost if we were further into 2022. I do understand its a bespoke offering and the price is reflected as such.

Lastly, if some do decide to partner with Jesse, and that benefits us all as a group, I would be happy to rebate some of your fees as I don't want to be a freeloader...

That’s amazingly thoughtful of you. It was my choice of course to register but it hurt to watch nearly $6000 leave my bank account!

 

[AUDV2022]

Update: I just joined the Impact Lawsuit...

 

[blesjm1]

I can understand not publishing any strategy (assuming the finer details of any strategy were disclosed in the Zoom meeting) after all, you can bet the DOS monitors forums like this, but there should be no harm in disclosing the costs. BritSimon's latest YouTube video mentions $2180.00US.

I'd like to know under US civil law if you end up paying the DOS's costs if you lose, and if you win, the DOS pays your costs, as what would happen here in the civil juristiction.
--------------------------
2022OC5XX
DS 260 submitted November 2021
No documents requested or submitted
Scheduled for interview December 2021
Current as of January 2022

There is a way to seek costs from the government under the Equal Access to Justice, but you have to ask the judge and file a separate motion. Not unheard of and not opposed to that here if we have to fight all the way to judgment.

 

[blesjm1]

Hey - I was on the call too.

I'm leaning towards joining for the simple fact that I want to move to the US anyway. And even with these legal fees, it's likely still the cheapest immigration path (or I just take a gamble on winning DV another year but... I'd rather not).

One thing weighing on my mind is the potential for a never ending lawsuit (like the length of time the original lawsuit + appeal is taking for DV2020 and DV2021 lawsuits). They're orders of magnitude larger of course given number of plaintiffs so hoping the small(ish) size of this lawsuit will incentivise the US gov to settle quickly rather than drag on.

There's also the potential this lawsuit fails (or is unresolved) and DV2022 class action lawsuit begins. I think the class action suits will be significantly cheaper though so might be another option for those worried about the US$4K for this.

Honestly don't know enough of the track record of these suits to be assuaged it'll make a difference. Jesse did mention on the call his recent successes with Kabul.. and elsewhere I think? Does anyone have details on this and if it's similar?

This is just me thinking out loud... Keen to see where everyone else's head is at.

Here is the reassignment of interview news from DOS:

On January 5, 2022, Defendants authorized broad based reassignment of cases from the consulates in Kabul, Afghanistan, and Baghdad, Iraq.
This is actually taken word for word from the complaint I am working on now for the clients (thank you). We will be happy when they adopt the same flexible measures and grant interviews.

 

[blesjm1]

Update: I just joined the Impact Lawsuit...

It's a pleasure to serve you and the others. Getting to work and enjoying my coffee here in Massachusetts.

 

[blesjm1]

Hi All,

After the call this morning I have signed up as a plaintiff and feel confident this is the safest path forward. Being a plaintiff in this case not only puts someone in our corner fighting for us, but unlike all the other lawsuits/class actions, we have a bespoke case for our specific issues in Au/Sydney and I don't want to miss that train.

While we could wait and see what happens, we have no movement, no communication, and no guarantees that when Sydney opens they will even take DV cases. I don't want to take any risks with this opportunity of a lifetime, it's a small price to pay in grand the scheme of things.

It could work out without being a plaintiff but I would rather have as many eggs in the basket as possible! Thanks @blesjm1

Thank you. I will do everything possible to make sure you get what the law provides--the opportunity to enter the United States as a winner of the DV program.

 

[blesjm1]

May not be fair to the government, but neither is letting a few reschedule because they threatened with a lawsuit and others didn't Look forward to hearing Jesse's response on that though! The sooner the better of course, but May would also let people see if they won in DV23. For me I mostly want to see the time frame as like I stated earlier, 2k AUD is a lot more reasonable than the potential 6k.

The government is not fair. I think this is a known known. They do not function consistently and, while regrettable I suppose, plaintiffs in lawsuits have a better chance of success. They have a legal right to press claims for relief and the government can choose whether it wants to fight. It's no different with criminal law -- cops see me speeding, they can let me go. It may not be the reality we want, but we have to live in the world we have and play the game that's being played. You hear me?

 

[blesjm1]

About contacting Jesse direct. Understand your point, but Jesse has a slightly different syle to some other lawyers (deliberately, I believe). He won't be super vocal about strategies and trying to embarrass/shame the government lawyers. Having said that you can ask a concise question here (perhaps with less additional info) and I would imagine Jesse would answer it. I have asked lawyers about suing for costs before and while it is as I understand it, technically possible, I don't think you should bank on getting that in these cases. It hasn't happened in any of the cases I have seen yet and Jesse's strategy for Sydney is progress by the gov making the problem go away quickly.

And yes I remember Jesse mentioning FOIA requests way back in December and Curtis does that too. So - it's a normal strategy, and therefore no surprise you were thinking on the same lines.

As for input to the lawsuit, if you don't mind I would say this. I have had some experience with some people who thought they knew the best ways to win the lawsuits and were very vocal about it. We refer to them as barrack-room lawyers in the UK. There was one particularly painful guy last year that caused problems in one of the lawsuits by inappropriately reaching out direct to one of the Federal Judges (and the guy was a plaintiff). So - Jesse has an open mind and will, I'm sure, respectfully listen to all input, but if you do choose to litigate you should decide whether you want to be the lawyer or the plaintiff. If you are the latter you should trust the lawyer and let them do what you hired them for. That would be my suggestion.

And as for the forum, we are lucky to have a really great "vibe" in this forum and particularly in the OC threads each year. It's one of the reasons I came here specifically to talk about the Sydney case, and this forum was on my mind when Jesse and I started discussing the handful of embassies that are on my "shitlist". Let's not ruin that vibe, please.

I agree with all of this -- I offered my work email in the zoom and will provide it here jbless@wasdenbanias.com. If you have questions, you can email me. My response rate is generally quick and no later than 24 hours. I will say, however, once this litigation starts, it will become my #1 focus and priority so I may be a little slower.

 

[Britsimon]

 

[blesjm1]

I agree with all of this -- I offered my work email in the zoom and will provide it here jbless@wasdenbanias.com. If you have questions, you can email me. My response rate is generally quick and no later than 24 hours. I will say, however, once this litigation starts, it will become my #1 focus and priority so I may be a little slower.

And good vibes always Simon. Always.

 

[Joestar]

I have signed up with Wasden Banias.

 

[blesjm1]

I have signed up with Wasden Banias.

We're honored to serve you and our other OC clients. Working on the papers today.

 

[BrisOC22]

Is there any minimum number of plaintiffs required for this to move forward?

 

[DVOC]

Hi guys
I was on the Zoom call yesterday and firstly I want to sincerely thank Jesse and Simon for their time and effort with OC selectees.
I do have a couple of questions around the case hopefully Jesse and BritSimon can address if they have time.
Firstly I certainly not against legal action however are we jumping the gun with the timing for a Sydney specific case ? I mean if I were in Khartoum or Addis Ababa I would be saying let’s do this now and I guess that’s why judges last year asked “why legal action didn’t commence earlier” due to additional barriers in other locations and their volume of cases.
Our situation in OC and specifically Sydney is a little unique in that numbers aren’t huge and can be managed in a very small timeframe.
Out of the OC region it would be great to have a rough idea how many current cases are assigned to Sydney. Looking at BritSimons breakdown of cases for OC on his recent video shows that roughly 300 cases In OC are current and would proceed with their case (given a large number don’t proceed with their case )so if I take out say 100 to 150 for Fiji, New Zealand and OC cases to be interviewed in London etc then we are left with about 150 cases that would be current and are assigned to SYD currently (please correct me if I am wrong !!! I am just trying genuinely weigh things up). How long in normal times would 150 to 200 cases interviews take ?
I have seen a lot of talk about the consulate in Sydney reopening in May, would it be unreasonable to wait until May and see if this occurs and if not by mid May then file legal action given that there would still be 4.5 months available to conduct interviews? Would 4.5 months be enough time even if we allow for small increase in the VB for May or June.
I mean it was only a week or so prior to Christmas that I felt a little reassured by BritSimon posting on this forum that OC still PLENTY of time.
Even if we got to May and no movement in Sydney for alot less then AUD$6k many of us could ask to reassign to Auckland and with Aussie passport you can automatically enter New Zealand as a permanent resident and do medical and interview there, it’s just as much of a gamble isn’t it ??
Again I am absolutely not against the legal action nor the amount of fees but I guess I just want clarification about why is it so urgent for Sydney specific case in January/ February
Does anyone know how many OC cases that were assigned to Sydney and were current cases in DV 2020 and DV 2021 never got interviewed ? I assure you no one wants this more then me and my derivatives (yeah I now call my kids that to them ) just not sure we have reached our Sydney specific time limit so to speak.
Once again thanks to this community for these discussions and especially to BritSimon whom I have been watching in previous years when I have been unsuccessful in even being selected.

 

[DVOC]

Sorry in my previous post I say “Out of the OC region” what is meant is “Out of all cases in the OC region it would be interesting to have a rough idea how many are current and assigned to Sydney”

 

[blesjm1]

Is there any minimum number of plaintiffs required for this to move forward?

no