State Department explained how winners of DV-2020 green card lottery immigrate to the USA
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, according to the official website US State Department... The agency explained how the process of issuing visas to the winners of the lottery, who are already desperate in the struggle for their right to immigrate to the United States, will proceed.
According to the State Department, embassies and consulates of different countries may begin to process applications for visas of the winners of the DV-2020 lottery, if local health conditions and postal resources allow it. In accordance with the requirements of the Immigration and Citizenship Act and applicable regulations, applicants must meet the requirements, prepare the necessary paperwork, pay all applicable application fees, complete the required medical examination, and demonstrate that they are eligible for a U.S. immigrant visa.
The Department of State will use the following plan to prioritize applications from DV-2020 lottery winners in accordance with the court order and applicable law:
- persons identified as plaintiffs in Gomez v. Trump and related cases;
- candidates who have already passed the interview and want to renew or cancel the previous visa refusal;
- candidates whose interview was scheduled for March, April or May and canceled due to the COVID-19 pandemic and the suspension of visa applications worldwide;
- candidates whose cases are pending at the Consular Center in Kentucky.
Although the winner of the DV-2020 may be granted an immigrant visa under this court order, Presidential Executive Order 10014, which suspends the entry of certain immigrants (including winners of the green card lottery) into the United States, remains in effect until December 31, 2020 and may be renewed. ... Consequently, if the visa recipient does not qualify for an exemption, he will not be able to enter the United States on an issued immigrant visa while the Ordinance is in effect.
DV-2020 winners can obtain a visa before the end of the financial year, that is, until September 30, 2020, so you should hurry up with the paperwork. It is important to remember that an immigrant visa usually expires on the same day as your medical examination. Applicants who have already undergone a medical examination and will expire by 31 December 2020 may undergo a new examination prior to visa issuance.
Five regional decrees suspending the entry of immigrants who were physically in China, Iran, the Schengen area, the United Kingdom, Ireland or Brazil within 14 days prior to entering the United States remain in force and are not subject to court review. Thus, winners of the DV-2020 green card lottery subject to regional decrees can be interviewed and their applications processed, but if they were physically present in the indicated regions within the previous 14 days, they will not be issued an immigrant visa, except in cases stipulated by the relevant decree, or until they stay for 14 days outside the affected region from the list of COVID-19.
DV-2020 winners who have already received their immigrant visas, but will expire by December 31, 2020 (like the presidential decree), will not be able to immigrate on this visa and will not be able to receive a new visa after September 30, 2020.
The State Department recalls that winners of the DV-2020 lottery who were in the United States or had a valid immigration visa as of April 23, when Presidential Decree No. 10014 came into force, are exempted from this decree. Winners of the DV-2020 lottery who managed to obtain a visa by April 23, but were unable to come to the United States, and the visa has expired, can re-obtain a visa by September 30, 2020.
DV-2020 applicants who have scheduled an interview (even if it was canceled) at a U.S. embassy or consulate abroad should contact that embassy or consulate directly for more information on their specific case. If the institution is unable to process appeals due to local health conditions and resource constraints, the applicant has the right to request a transfer to another location. Applicants should request translation by contacting the institution in question directly; not all translation requests can be met.
DV-2020 winners who have responded to requests for documents from the Consular Center in Kentucky and have been notified that their cases have passed all the required checks, but are still awaiting visa interview dates, will be scheduled for interviews in accordance with the established procedure.
The department warns that due to resource constraints and constraints due to the COVID-19 pandemic, it will likely not be able to process all DV-2020 lottery winners until September 30, 2020.
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