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DV-2021 Delays (Goh v. Blinken) – September 30, 2021 Update




DV-2021 Delays (Goh v. Blinken) – September 30, 2021 Update

Today, Judge Mehta ordered 481 visas reserved for Goh Plaintiffs beyond the fiscal year. The reservation of visas beyond the statutory deadline is extraordinary relief and we are thrilled to have won it. In addition, we believe that litigation resulted in DOS trying to process more cases in an effort to make its numbers look better prior to the September 9 order. Following the September 9 order in our favor, we know that many more cases were adjudicated between September 9 and September 30 than otherwise would have been.

In all, we believe that litigation resulted in many thousands of DV-2021 visas being issued that otherwise would not have been. And many of those visas went to Goh Plaintiffs.

Judge Mehta accepted our arguments on the unlawful nature of the DV-2021 program and repeatedly rejected the argument of the government—an enormous victory on all fronts.

Of course, one of our key asks was that visas be reserved for all Goh Plaintiffs. Judge Mehta ultimately declined to grant that request. Even with 481 additional visas being reserved specifically for Goh plaintiffs beyond the fiscal year, we are deeply disappointed that this will leave some plaintiffs out.

In the coming days, we suggest that plaintiffs who have not yet been issued visas contact the KCC and consulates to again identify themselves as Goh plaintiffs and request that their cases be processed. We recommend that plaintiffs continue to follow up aggressively to advocate for the processing of their applications.

We will not and cannot, however, provide case-specific advice or communications going forward. We must be strict about this and will not be making exceptions. We also will not be able to offer our services in representing plaintiffs directly in their applications with the Department of State. Our role will be limited to providing any updates needed to the government attorneys and to the court. In addition, if any Goh plaintiff needs documentation of their status as a Goh plaintiff (i.e. a copy of the amended complaint showing their name), we will provide that without further advice. But that will be the extent of our role. If you believe that your case before the Department of State would benefit from the services of an attorney, you would need to hire an attorney not affiliated with any of the three IMMpact Litigation firms.

Finally, we would like to extend our thanks to you for having had the courage to challenge the Department of State’s unlawful treatment of your cases. We are honored to have been able to represent each of you in this battle. Thank you.

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