Judge Denies 2022 Diversity Visa Winners Unlawful Delay Claim

A federal judge found a group of 2022 diversity visa winners who sued the State Department over unlawful delays in scheduling their interviews will not be able to prove their claim. The group of 12 individuals who won a 2022 Diversity Visa in the annual lottery will not be required to complete the interview process, per the judge. The group filed a claim that other lottery winners were able to jump ahead of them in the processing timeline, even though the group had progressed further in the process of applying for their diversity visa.

Per the judge’s statement, the Biden administration is not required to schedule interviews for diversity visa winners. Lottery winners are not promised an interview. In fact, nearly all 2022 diversity visas are expected to be issued, further emphasizing the Biden administration is acting in good faith for the issuance of the diversity visas.

The group that filed suit stated the delays in scheduling an interview, allowing other applicants to essentially jump the line, may cause them to lose their diversity visa. However, the judge emphasized no such requirement exists for diversity visa lottery winners. Further, the judge stated there is no legally binding duty by the State Department to process any particular visa application. No statute, regulation, or court has outlined that legal requirement.

Diversity visas for 2020 and 2021 were not all issued. Several lawsuits were filed, claiming the federal government should have processed their applications, as the COVID-19 travel ban only stopped entry to the U.S., it did not limit the government’s ability to issue visas. These lawsuits were upheld.

For the 2022 diversity visa lawsuit, the judge found there was no such unlawful delay. As of August 22, 2022, 33,840 interviews had been scheduled by the State Department for 2022 diversity visa winners.

If you have questions about a diversity visa or any other immigration-related issue, contact us at ILBSG. Our team of experienced attorneys works closely with our clients to ensure they get the right advice for their specific situations.