Britsimon
Super Moderator
All the cases are assigned to one judge, so this is impactful for the class action suits as well.
Trump’s New Executive Proclamation - Travel Suspension 2.0
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All the cases are assigned to one judge, so this is impactful for the class action suits as well.
I am in the same case, need more explanation about what to do
Marcovic22
New Member
If a TRO or preliminary injunction are approved in the weeks to come, would that have an effect on DV2021 winners, too?
SusieQQQ
Well-Known Member
Sure, it should mean that they can start visa interviews from October (Covid closures permitting)
No, two of them are class action lawsuits. Everyone will benefit if there is a positive outcome.
I mean, legal processes always take time... because these are time sensible they are having this hearing shortly after they filed about a week ago and that is why they are asking for a TRO. Why dont you have any hope for them?
No, I meant that I don't have a bad feeling like the commenter above me, but I do have hope for this. I am glad that the case is moving forward. I am very hopeful about the outcome.
Ooooohhhh then yea, I agree completely! I wonder why he had a bad feeling but in any case, in a little bit over 24 hours we will finally have more information to go from. I am DV 2021 so a positivie outcome might not benefit me at all, but I am really hopeful for 2020 selectees
A positive outcome would probably benefit DV2021 as well because they would probably start interviewing cases sooner rather than wait for the EO to end on December 31st.
Britsimon
Super Moderator
As I have explained i my blog and videos, there will be some people helped by a TRO, but not everyone can be helped. To explain, there are people in several groups, and although I have detailed this in my previous video, I want to explain it here.
1. People that already had their visas but were unable to travel and the visas expired.
2. People that had interviews, were on AP, but that AP has been cleared now and they would normally have been issued by now except for the ban.
3. People that had interviews scheduled but the interviews were cancelled because of the pandemic closures.
4. People that received the ready for scheduling email but were not scheduled yet.
5. All others (i.e. people who had submitted DS260s and documents but had not got the ready for scheduling email).
Groups 1, 2 and 3 would probably benefit from a TRO that blocked the ban. There is nothing needed from KCC for those cases apart from allocation of visas which they (KCC) certainly could do. Of course, that does require the individual embassy to be open and to do their job.
Group 4 is looking more and more at risk as each day passes. Interviews for September would normally have been scheduled by the end of July, and whilst we have see the occasional August scheduling for individual cases, doing that in volume will be a tough thing to pull off. Remember also that the TRO would also mean that KCC would be expected to schedule DV2021 cases for October also - and that is what they would normally be doing in August. So - we might be too late to save many of this group, and there might be more cases in this status than could be seen in 1 month anyway.
Group 5 is pretty much completely at risk, probably hopeless, even if we get the TRO on Friday. There are many cases in this group and KCC have switched focus to 2021 processing. Also - this group is "behind" group 4 which in itself is also at risk - so if they try and do something, I think they will focus their effort where it can help.
Now there will be some people in each of the above groups as plaintiffs in Curtis Morrison's lawsuit. If a TRO is achieved on Friday or next week, that could be very significant and helpful for that lawsuit. The lawsuit is designed to force the government to take action, and whilst I still do not believe an extension past September 30th will happen, I do think the government could prioritize work for some cases - just to avoid the consequences of the judge ordering them to do something which is not possible (stalemate).
Obviously this is all my perspective. You are free to disagree. None of us can be certain what will happen - as always, wait and see is the best idea. But this might give you an understanding of where we are at.
Thought my English is not that bad until I start reading law related stuff. Can you translate please?
DV2020EU44
Active Member
so what happened on Friday? any news?
Not sure this is a DV case
Borost
Active Member
I don't want to give anyone false hope. But from this tweet it seems like it's possible to extend deadline to 2021.09.31
But they say only Congress is eligible to extend the deadline or I am mistaken?
Then what happens to dv2021? Extends to 2022?
Borost
Active Member
Yeah i was thinking too. If you read that tweet's comments it seems like judge can do something about extend. I don't know.