A previous panel decision that barred the U.S. Department of State from processing expired diversity visa applications is being challenged. Diversity visa lottery winners from 2020 and 2021 are included in the challenge. The current effort is asking the full D.C. Circuit court to reverse the panel decision.

The panel decision reflects the Immigration and Nationality Act (INA) requirement that states processing these visa applications after the statutory deadline is not allowed. As such, there is no basis to the challenge. However, the diversity visa lottery winners believe that this is not the intention of Congress. The group cites a June 2024 U.S. Supreme Court opinion in Loper Bright Enterprises v. Raimondo. In that opinion, the Court found legal interpretations should be the responsibility of the judicial branch.

Further, the diversity visa lottery winners identify a conflict between the June 2024 U.S. Supreme Court opinion and appeals court findings. Per appeals courts, relief is available for those noncitizens who complied with required filing requirements. However, the D.C. Circuit panel found that the precedent set by the U.S. Supreme Court has supporting that Congress has not granted federal courts the option to grant citizenship. Further, courts cannot extend the statutory cut-off for diversity visas.

An estimated 24,000 diversity visa lottery winners and their families previously filed a lawsuit in June 2021. In that claim, the group accused the federal government of establishing processes that made winners unable to receive their diversity visas prior to expiration. The COVID pandemic affected the federal government’s ability to process these applications due to restrictions at that time. Subsequently, the State Department stated diversity visas would be among the lowest-priority categories as they tackled backlogs.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about the diversity visa or any other U.S. immigration related issue, contact us. We work with our clients in their specific situations to ensure they get the right advice.

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