A recent court decision by the D.C. Circuit Court of Appeals overturned an earlier ruling by a district court that required the U.S. Department of State to process diversity visa applications for fiscal years 2020 and 2021. The circuit court found that the lower court did not have the authority to mandate this processing.

According to the appeals court, decisions about who can enter the U.S. are closely tied to foreign relations and therefore are not subject to review by the courts. Additionally, Congress specified that decisions made by U.S. consular officers abroad, such as granting or denying visas, cannot be challenged in court by noncitizens outside the United States.

The Supreme Court has emphasized that federal courts cannot grant citizenship or extend the validity of diversity visas beyond what Congress allows. Therefore, the appeals court ruled that the government cannot be forced to process visas for individuals who Congress has determined are not eligible.

This decision affects more than 17,000 diversity visa lottery winners. These individuals are now ineligible to immigrate to the U.S. through the Diversity Visa program. Each year, the Diversity Visa Program offers 55,000 visas to people from countries with low immigration rates to the United States. Winners are selected randomly and must complete the visa application process within the same fiscal year, with no guarantee of receiving a visa.

As always, we actively monitor ongoing updates to U.S. immigration policy. If you have questions about the diversity visa program or any other U.S. immigration-related issue, contact us. Our team of experienced individuals works directly with our clients throughout their immigration journey every step of the way.