Trump’s New Executive Proclamation - Travel Suspension 2.0

Yes, the AILA action is a pro bono lawsuit (meaning no charges to the plaintiffs), and is a class action, meaning it will benefit everyone, not just named plaintiffs. The most likely, hopeful outcome would be a fast TRO (temporary Restraining Order) that would immediately block the EO while further arguments could be prepared by both sides. Without wishing to raise too many hopes, I think a suit would have a good chance of achieving a TRO which would at least buy some time. But of course we would then be looking at closed embassies as the biggest immediate problem again for DV2020 winners.

I have emailed AILA this am to make sure they are adding plaintiffs who have the ready for scheduling email in hand, because the government could otherwise argue that the selectee had damaged their own chances and were not harmed by the EO.

The ready for scheduling is ONLY the following email. I am not referring to auto replies or the documents received. JUST this one.


"
Congratulations! Our records indicate that you have submitted all required documentation to the Kentucky Consular Center and are ready to be scheduled for an interview when your case number becomes current. Interviews are scheduled numerically based on case numbers that have completed processing.

Interviews for the DV 2020 program will begin in October 2019 and conclude on September 30, 2020. Please refer to the visa bulletin at www.travel.state.gov to locate the current numbers being processed. This bulletin is updated after the 15th day of each month. Once an interview date has been scheduled, you will receive notification via email listed on your DS-260 to check http://www.dvlottery.state.gov.

If your case becomes current and you have not received notification to check http://www.dvlottery.state.gov, please contact KCCDV@state.gov to confirm all of your documents have been received, and you are ready to be scheduled for an interview.

"
How we can participate in this lawsuit?
Thanks, @SusieQQQ. I will complete it now.
 
My question to experienced people in here:

As DV2021 candidates, in addition to DV2020 folks, should we prepare anything like some kind of petititon, form, request etc. to make things "somehow" faster or simply to ask "what's gonna happen to us" ? It's a pretty unique situation for both DV2020 and DV2021, and as far as I learnt from my experiences, acting fast is best on those cases. I guess even consulate workers don't know what's next unfortunately.
 
@Britsimon
Thank you so much for your hard work.
I have only one concern on the lawsuit. You can take this as a suggestion or question. On the past two lawsuits against the ban the judges are more focused on the closing of the embassies around the world. And they think that the reason we didn’t get the interview is not b/c of the ban. So I think we should take good argument on that.
 
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SusieQQQ

Well-Known Member
@Britsimon
Thank you so much for your hard work.
I have only one consurn on the lawsuit. You can take this as a suggestion or question. On the past two lawsuits against the ban the judges are more focused on the closing of the embassy’s around the world. And they think that the reason we didn’t get the interview is not b/c of the ban. So I think we should take good argument on that.
And when the embassies reopen but the ban stops visas, there is your case. Also whereas the limited ban of the previous proclamation also did not totally preclude anything happening before fiscal year end, the extension does.
 
I understand the adrenaline to fight until the last minute and the denial attitude ,that we dont want to surrender,but the picture is being cleared now :1.DV2020 is a total failure,biggest failure since the lottery is born,and 0% our fault so dont blame yourselves we did all what we could,None of the circumstances was in our favor since january 2020. 2.Even if the EO is blocked soon the damage that is done is very big,KCC isnt working they wont send 2nls this month,so it remains only september if everything goes in plan which I doubt it ,When you call KCC and ask something they give the inmpression like when you ask a vegetarian which stake is better,they dont have a clue in their job. 3.Embassies are not reopening soon I doubt they will reopen even in July ,cause they didnt give any slight sign for reopenig,maybe they wanna close “pandoras box “ first and eliminate all the diseases in the world and then start working ,I dont know ,let them do what they want,Sooner we start moving with our lives and start forgeting about this nightmare of experience better will be ,Stay safe “CO-sufferers” of horrorr movie “dv2020”.
 

Britsimon

Super Moderator
I'd like to clarify something, cause I've seen that question being asked in other places. In a following situation:
1) original DV visa issued on or before 04/22/2020
2) that visa is now expired
3) replacement visa is issued after 04/22/2020
is that person exempt from the ban and can be successfully admitted with the new IV?
My initial and personal interpretation of the EO wording, specifically:

Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and

would suggest yes? Provided that embassy actually renewed the visa and in that case what the issuance date for the renewed visa is not important. Wouldn't the case of 2020AF406, where derivative visas were issued during the ban, because principal visa was issued prior to 04/22 support that?
I originally assumed the ban would stop visas being reissued - and at least one embassy had responded that way. However, I have seen at least one case where the visas were extended during the ban.
 

Britsimon

Super Moderator
@Britsimon
Thank you so much for your hard work.
I have only one concern on the lawsuit. You can take this as a suggestion or question. On the past two lawsuits against the ban the judges are more focused on the closing of the embassies around the world. And they think that the reason we didn’t get the interview is not b/c of the ban. So I think we should take good argument on that.
Yes that will be a concern, but if you remember during the Hacking lawsuit there was a conversation where the judge tried to isolate the COVID related closure from the ban, so that if embassies were reopened, the ban litigation would not need to start at that point.
 

SusieQQQ

Well-Known Member
I originally assumed the ban would stop visas being reissued - and at least one embassy had responded that way. However, I have seen at least one case where the visas were extended during the ban.
FYI I have seen a few reports from other visa holders affected by the ban (ir5, F2) that their embassies have said they won’t reissue while the ban is in place.

Is the case you are talking about the derivative ones, or is it a new or renewed principal visa?
 

Sm1smom

Super Moderator
My question to experienced people in here:

As DV2021 candidates, in addition to DV2020 folks, should we prepare anything like some kind of petititon, form, request etc. to make things "somehow" faster or simply to ask "what's gonna happen to us" ? It's a pretty unique situation for both DV2020 and DV2021, and as far as I learnt from my experiences, acting fast is best on those cases. I guess even consulate workers don't know what's next unfortunately.
I understand the feeling of apprehension you’re probably going through, but you really do need to chill a bit. Your FY hasn’t even started. There’s nothing you can do to “make things somehow faster” - there is a process in place.
 

Britsimon

Super Moderator
FYI I have seen a few reports from other visa holders affected by the ban (ir5, F2) that their embassies have said they won’t reissue while the ban is in place.

Is the case you are talking about the derivative ones, or is it a new or renewed principal visa?
Whole family.

There is certainly some confusion about what is allowed, but given the embassy closures and the fact that it is early for expiring cases, there have not been that many cases to establish a pattern.
 
Simon, some people here don't spend much time outside their country forum. I wonder if its worth replicating this across those forums, given the desire for a broad range of people to participate?
I shared the link in some facebook groups of my country, people are willing to fill it
 
I understand the adrenaline to fight until the last minute and the denial attitude ,that we dont want to surrender,but the picture is being cleared now :1.DV2020 is a total failure,biggest failure since the lottery is born,and 0% our fault so dont blame yourselves we did all what we could,None of the circumstances was in our favor since january 2020. 2.Even if the EO is blocked soon the damage that is done is very big,KCC isnt working they wont send 2nls this month,so it remains only september if everything goes in plan which I doubt it ,When you call KCC and ask something they give the inmpression like when you ask a vegetarian which stake is better,they dont have a clue in their job. 3.Embassies are not reopening soon I doubt they will reopen even in July ,cause they didnt give any slight sign for reopenig,maybe they wanna close “pandoras box “ first and eliminate all the diseases in the world and then start working ,I dont know ,let them do what they want,Sooner we start moving with our lives and start forgeting about this nightmare of experience better will be ,Stay safe “CO-sufferers” of horrorr movie “dv2020”.
If this can help just 1 person to get his visa and live his dream, i believe it's worth it.
Obviously, there wont be 50k visa for dv2020 and it'd kind of a "failure" as you say, but it's not too late, and if people believe that there is a chance to cancel the ban it's worth trying
 
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