Biden lifted Trump's ban on issuing green cards and entering the United States: DV-2020 winners still have a chance
US President Joe Biden on Wednesday, February 24, lifted the ban on issuing green cards issued by his predecessor Donald Trump at the beginning of the COVID-19 pandemic. According to lawyers, this ban blocked most of the legal immigration to the United States. The edition told in more detail APNews.
President Donald Trump in the spring of 2020, suspended the issuance of green cards until July, and then until the end of the year in the name of protecting the coronavirus-shattered labor market - the reason Trump pointed out to reduce legal immigration. On December 31, Trump extended this order until the end of March 2021.
Trump considered immigrants a "risk to the US labor market" and blocked their entry into the United States by issuing a ban on immigration visas and entry into the United States.
Biden, on the other hand, said that closing doors to legal immigrants "is not in the interests of the United States."
“On the contrary, it harms the United States, including by preventing certain family members of United States citizens and lawful permanent residents from reuniting with their families. It also hurts economic industries in the United States that draw on talent from all over the world, ”Biden said.
Most immigrant visas were blocked by Trump's decree, according to lawyers. According to the American Immigration Lawyers Association, about 120 family visas have been lost due to the ban.
The Trump decree, among other things, barred entry to immigrants with work visas unless they were deemed useful to national interests, such as by health professionals. Last year, a federal judge issued a ruling that effectively overturned the ban by allowing temporary foreign workers to enter the United States if their employers are members of the US Chamber of Commerce or several other large organizations that represent most of the American economy.
But the ban continued to block the influx of thousands of immigrants.
The document, for example, slammed the door in the United States in front of thousands of DV 2020 green card lottery winners.
Biden lifted the ban just days after thousands of visa lottery winners facing visa expiration won the court by getting a break in their visa expiration dates for the duration of the ban. They will now be allowed to use their visas to enter the country, even if more than 6 months have passed since they were issued, but they did not use them on time due to the Trump ban.
DV Lottery Winners 2020
According to the rules, the winner of the green card lottery can receive an immigrant visa only at the end of the financial year for which the lottery was held. That is, in the case of DV 2020, a visa could be obtained until September 30, 2020. But Trump's proclamation in April 2020 banned the issuance of green cards and immigrant visas. That is, all the winners who did not have time to complete the documents before the proclamation were out of work.
September 4, 2020 United States District Court for the District of Columbia decided in the Gomez v. Trump case, that the US Department of State must make a good faith effort to process and review visa applications for winners of the DV-2020 green card lottery by September 30, 2020, despite a presidential decree prohibiting it.
Embassies and consulates of different countries began to process applications for visas of the winners of the DV-2020 lottery, if local health conditions and postal resources allowed it.
The court order did not overturn the travel ban, but allowed the issuance of visas for the winner of the green card lottery.
The problem was not completely resolved: due to delays in the work of the immigration service, most potential immigrants did not receive visas, even having prepared the necessary documents on time. The applicants simply did not have time to accept. According to immigration lawyer Curtis Morrison, the State Department managed to issue only 14 of the 636 visas allocated for the lottery winners for the 55 financial year.
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The court went to meet the immigrants here too - it ordered the State Department to issue another 9095 visas.
But getting the documents isn't everything. The immigration visa, which is issued to the winner of the green card lottery, is valid for only 6 months. And if a person does not have time to enter the United States during this period, then it cannot be restored or reissued - that is, the person loses the right to immigrate to America.
And although the court allowed the winners of DV-2020 to receive immigrant visas, the presidential decree that suspended entry into the United States remained in effect until December 31, 2020, and then was extended until March 31. Since the lottery winner's immigration visa is valid for only 6 months, and they should have been issued before the end of September 2020, the opening of the borders in April would not solve anything for them - the visa would have expired.
Now that Biden has lifted the travel ban, the winners of DV-2020, who managed to complete all the paperwork, have a chance to move to the United States. Plus, they were helped by the recent court decision to freeze the calculation of the validity of their visas.
The United States, through the green card lottery, provides up to 55 visas a year for immigrants whose nationalities are underrepresented in the US population. Visas must be used within six months of receipt.
Meanwhile, Biden has proposed legislation that would limit the presidential powers to issue future bans on immigrants. The president did not say if there would be any refunds for lottery winners who never made it to the United States. But he is urging the US to increase the annual number of visas available through the lottery from 55 to 000.
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