A lower court order requiring the U.S. Department of State to process diversity visa applications for fiscal years 2020 and 2021 was reversed by the D.C. Circuit. In their finding, the circuit court stated the district court did not have the authority to require processing of expired diversity visas.
Per the three-judge panel, decisions as to whom to exclude from the U.S. is intertwined closely with foreign relations and as such are immune to judicial review. Further, Congress found that if consular officers outside the U.S. deny visas to noncitizens, those decisions cannot be challenged. This means noncitizens outside the U.S. cannot go to court to challenge a consular officer’s decision to grant or deny a visa.
Congress has not given federal courts the power to grant citizenship or to extend the validity date for statutory cut-off diversity visas. These points are emphasized by the U.S. Supreme Court in various findings, per the district court. Together, these points support the ruling that courts cannot be ordered to process and issue visas to individuals that Congress has specifically made ineligible.
Over 17,000 diversity visa lottery winners are affected by this ruling. Those awaiting processing are no longer eligible to immigrate to the U.S. through the Diversity Visa Program. Each year, 55,000 diversity visas are available to those from countries with low levels of immigration to the U.S. Individuals enter a random lottery process and if selected, continue through the formal visa application process within the same fiscal year. There are no guarantees that after the process they will be granted a visa.
As always, ILBSG actively monitors ongoing updates to U.S. immigration policy. If you have questions about the diversity visa program or any other U.S. immigration related issue, contact us. Our team of experienced individuals works directly with our clients to ensure they get the right advice for their particular situations.
