A previous decision by a panel that prevented the U.S. Department of State from processing expired diversity visa applications is facing a challenge. Included in this challenge are diversity visa lottery winners from 2020 and 2021. The group is urging the full D.C. Circuit Court to overturn the panel’s ruling.

The panel decision is based on the Immigration and Nationality Act (INA), which prohibits processing these visa applications beyond the statutory deadline so there is no basis to the challenge. The diversity visa lottery winners, however, argue that this interpretation does not align with Congressional intent. They point to a June 2024 U.S. Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which emphasized that legal interpretations fall under the jurisdiction of the judicial branch.

The diversity visa lottery winners also highlight a discrepancy between the Supreme Court’s June 2024 decision and the appeals court’s findings. The appeals courts have allowed relief for noncitizens who met filing requirements. The D.C. Circuit panel, however, maintained that Congress has not authorized federal courts to grant citizenship or extend the statutory deadline for diversity visas.

In June 2021, around 24,000 diversity visa lottery winners and their families filed a lawsuit accusing the federal government of creating obstacles that prevented them from receiving their visas before their expiration. The COVID-19 pandemic had hindered the federal government’s ability to process applications due to restrictions at that time. The State Department subsequently prioritized clearing backlogs over processing diversity visas.

As always, we actively monitor ongoing U.S. immigration news. If you have questions about the diversity visa or any other U.S. immigration-related issue, contact us. We work with our clients every step of the way.