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What if my USCIS DV lottery Application is not processed before September 30?

The Diversity Lottery (DV lottery) has specific rules. Often immigration attorneys are forced to sue USCIS if it gets close to the September 30th deadline to act on the application because it would cause immediate and irreparable harm. The applicant needs to receive their green card before September 30th of the DV lottery year.

On occasion we needed to go in front of a judge and argue that our client needs to have a US CIS interview or they would suffer serious harm because of the September 30thdeadline, and, usually the judge orders the government to proceed with the I – 485 (application for permanent residence/green card) interview.

We can sue the USCIS because there will be an irreparable harm to the lottery winner if the green card is not issued by September 30th as the application becomes void and there is no chance to receive green card even if you can prove that immigration made a mistake in your application.

For example, even if you have a letter from USCIS saying that they lost your file and that is why they could not give you a green card you would still lose the case because the law is very clear the DV green card needs to be issued by September 30th or the application becomes void.


Andrew P. Johnson

Immigration lawyer Andrew P Johnson is a prominent advocate within the immigration community and is regularly interviewed by major press organizations and invited to speak at diplomatic events regarding immigration law. The Law Offices of Andrew P Johnson represents corporations, diplomats, nonprofits, entrepreneurs, families, and individuals. Our immigration lawyers in New York City have represented and litigated thousands of cases throughout the country. Our Senior Partner, Andrew P. Johnson, was a government prosecutor until he started the immigration law firm in 1999. He has authored numerous articles on immigration and international matters which have been published by the American Bar Association and the American Immigration Lawyers Association. In 2013, Andrew P. Johnson was invited to speak to over 30 United Nation Ambassadors regarding the EB-5 visa investor program. In 2015, Mr. Johnson was invited to Washington DC to speak to over 40 United States Ambassador about the EB-5 investment program. Immigration lawyer Andrew P Johnson has been featured in the New York Times, interview by CBS, quoted by USA Today, Fox News, Washington Times, ABC, Indian Post, Associated Press, Radio Free America, Boston Globe, Chicago Sun-Times, along with over 50 other periodicals around the country.

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Andrew P. Johnson - Immigration Lawyer