A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

Contact: 732-632-9888, http://www.1visa1.com/

Follow by Email

Friday, September 11, 2020

State Department Guidance On DV-2020 Applications

The U.S. Department of State provided some guidance regarding the Diversity Visa 2020 application process on 09/09/2020 after a D.C. federal court held that Diversity Visa 2020 winners should have their visa applications processed as soon as possible before September 30th.

The State Department stated that DV-2020 applications may be processed in embassies and consular posts according to the local health conditions and resources. However, if a local consular office is not able to process cases due to local health conditions and resource constraints, an applicant may request his/her case be transferred to another embassy or consulate by contacting that new post directly. 
The State Department will prioritize the processing of applications as follows:

  • Individuals who were named plaintiffs in Gomez v. Trump and its companion cases;
  • Applicants who had already been interviewed who seek reissuance or to overcome a prior refusal;
  • Applicants who were scheduled for appointments in March, April, or May and whose appointments were cancelled due to the COVID-19 pandemic and worldwide suspension of routine visa processing;
  • For posts that have additional capacity to process applications and are not exhausted by the three categories above, applicants whose cases are pending with the Department’s Kentucky Consular Center.

Although DV-2020 applicants may be issued an immigrant visa under the court order, DV visa recipients are still subject to Presidential Trump's Proclamation 10014.  Hence, they would not be able to enter the U.S. until after the expiration date (12/31/2020) of the Proclamation, unless they meet one of the exceptions.  
If a DV-2020 applicant’s visa expires before the expiration date of 12/31/2020 of Proclamation 10014, they will be unable to enter on that visa.  More importantly, those applicants would not be issued a new visa after 09/30/2020 under the law. 
DV Applicants Present in the U.S. 
If you are a DV-2020 winner that were in the U.S. or held a valid immigrant visa, on April 23, 2020, you are exempt from PP 10014. Applicants who held DV visas on April 23 but were unable to travel and have since had their visas expired, may be reissued a DV visa before the September 30, 2020 deadline.
Travel Restrictions May Also Bar DV Applicants Entry
Further, DV applicants subject to President Trump's COVID Proclamation on travel restrictions (Brazil, Ireland, U.K., Schengen Zone countries, Iran, and China) may be interviewed and processed, but applicants who have been physically present in the affected region during the preceding 14-day period will not be issued an immigrant visa, unless excepted.

No comments: