Goh v. Blinken (DV-2021 Delays) Update

On September 9, 2021 Judge Mehta issued a decision in Goh v. Blinken. The Court found that DOS policies were unlawful and had unlawfully delayed the processing of DV-2021 applications.  We are grateful that the court saw through the government’s arguments and justifications and thrilled that he ruled in our favor.  That said, despite our request, he declined to give explicit prioritization to Goh plaintiffs (or plaintiffs from the other cases).  This is based on his belief that the statute requires applications to be adjudicated in random order. We disagree with this part of his order, but for now, we are bound by it.

Judge Mehta ordered DOS to make good faith efforts to expeditiously process DV-2021 before the 9/30 deadline without reliance on their tiered priorities.  He will hold a hearing on 9/27 to assess the numbers and decide whether (and how many) further visas will be reserved beyond the 9/30 deadline. At that time we will again urge Judge Metha to reserve all unused DV-2021 visas to maximize the chances of each of Plaintiffs securing a visa.

Below please find suggested language for plaintiffs in three situations for you to contact KCC and/or the consulate. We recommend that you do so immediately.  Please note that this is sample language only and specifics about your circumstance will have to be inserted/added:

For Plaintiffs with cases that have not yet been documentarily qualified by KCC:

My name is _____ and I am a DV-2021 selectee and a Plaintiff in Goh v. Blinken, 1:21-cv-00999-APM.  I provided my documents to KCC on DATE. To date, I have not received notification that I am documentarily qualified.

On September 9, 2021 in Goh v. Blinken, the U.S. District Court for the District of Columbia ordered that DOS must undertake good faith efforts to expeditiously process DV-2021 applications prior to September 30, 2021 without regard for the DOS’s tiered prioritization structure.

In accordance with the court’s order, I would like to request that KCC immediately review my documents, deem my case documentarily qualified, and work with the consulate to schedule an interview before September 30.

Plaintiffs who are documentarily qualified but have not been set for interview:

My name is _____ and I am a DV-2021 selectee and a Plaintiff in Goh v. Blinken, 1:21-cv-00999-APM.  I provided my documents to KCC on DATE.  KCC deemed my case documentarily qualified on DATE and since that time I have been waiting for an interview to be set at the consulate in _______.  To date, I have not been scheduled for my immigrant visa interview.

On September 9, 2021 in Goh v. Blinken, the U.S. District Court for the District of Columbia ordered that DOS must undertake good faith efforts to expeditiously process DV-2021 applications prior to September 30, 2021 without regard for the DOS’s tiered prioritization structure.

In accordance with the court’s order, I would like to request that my case immediately be set for interview no later than September 30.

Plaintiffs at problem consulates where consulates are shut down:

My name is _____ and I am a DV-2021 selectee and a Plaintiff in Goh v. Blinken, 1:21-cv-00999-APM.  I provided my documents to KCC on DATE.  KCC deemed my case documentarily qualified on DATE.  To date, I have not been scheduled for my immigrant visa interview.

On September 9, 2021 in Goh v. Blinken, the U.S. District Court for the District of Columbia ordered that DOS must undertake good faith efforts to expeditiously process DV-2021 applications prior to September 30, 2021 without regard for the DOS’s tiered prioritization structure.

In accordance with the court’s order, I would like to request that my case immediately be set for interview no later than September 30.  If the consulate is not generally scheduling cases at this time, I request that an exception be made and that my case given the court’s order.  Or, in the alternative, I request that my case immediately be transferred to the consulate in ______ and set for an interview there no later than September 30.

Click here to view the Motion.