Winning the DV Lottery is a gateway many have waited years to open. However, for DV-2026 selectees, this door appears to be slightly ajar while, in reality, it is being kept closed due to the current administration’s policies.
In this article, we explain the group lawsuit process we have initiated on behalf of DV-2026 selectees whose files are not progressing under the pretext of a “pause,” our legal grounds, and how you can get involved.
There is No Such Thing as a “Pause”
In December 2025, the government implemented a policy stating, “we are not processing visas from this category”. Many individuals who attended interviews at consulates were told, “the process is paused; we will process it when the pause is lifted”; some were given blue slips, and others were placed on hold under 221(g).
In our assessment, this “pause” is not a genuine administrative action; it is a stalling tactic used to buy time and wait for the expiration of rights. The stated position from the beginning has been, “we will not issue visas through this channel”. An obstacle claimed to be lifted in a month or two is not a real pause.
The point is this: The Diversity Visa is a right derived directly from the law. The administration cannot identify any authority to justify its choice not to recognize this right.
The September 30 / October 1 Deadline
By the nature of the DV program, every application is tied to a fiscal year. For DV-2026, this year ends on October 1, 2026. The rule stemming from the program’s own law is harsh: when the fiscal year ends, rights for unprocessed files are lost. It is technically impossible to issue a visa after October 1 because the date on the visa cannot exceed October 1, 2026.
This is precisely the target of the government’s stalling tactic: to neither deny the files (as denials within the country can be challenged in court) nor approve them, but to wait for the deadline to expire. When the time is up, they simply say, “unfortunately, you have lost your rights”. That is why we are racing against time.
Washington DC Federal Court Group Lawsuit
We plan to file the lawsuit in the federal court with jurisdiction over Washington DC (Federal District Court for the DC Circuit), where the policy is implemented. Since most plaintiffs are outside the US, DC is the correct venue for the location where the challenged practice is taking place.
Our goal is to demonstrate that the government’s stance of “I am not performing this process” is unlawful and to ask the court to order the government to do what is required. Our target is to ensure, through judicial means, that the files of eligible applicants are processed or that the existing obstacle is removed before the DV-2026 period expires.
Our Legal Grounds
We are building our petition on different legal theories:
Ultra Vires (exceeding authority): Eliminating a right derived from the law through a decision that has no legal basis exceeds the administration’s authority.
APA – Arbitrary and Capricious Standard: Under the Administrative Procedure Act, arbitrary and unjustified administrative actions are unlawful.
Mandamus — Pleaded in the Alternative: If APA relief is unavailable or inadequate, mandamus may be sought to compel the administration to perform its nondiscretionary duty to process properly completed immigrant-visa applications under the ordinary legal framework.
We plan to utilize temporary relief mechanisms (Temporary Restraining Order / Preliminary Injunction) to accelerate the process. This way, without reaching the merits of the case, an interlocutory decision could prevent the loss of rights for those in our group.
Why Not a “Class Action” but a Group Lawsuit?
To file a class action that binds everyone, one must overcome a procedural hurdle (class certification) in federal court, which is not easily crossed. Furthermore, experience shows that broad injunctive relief that eliminates the government’s policy for everyone is highly susceptible to being stayed during the appeal process. Therefore, we are filing the lawsuit on an individual basis—specifically for the group joining the suit.
This has an important consequence: the lawsuit only binds those who join. Unfortunately, there is no mechanism to prevent the loss of rights that will occur on October 1 for those who do not file a lawsuit. For this reason, we recommend that you join the lawsuit if you are eligible. If a favorable decision is reached, it may set a precedent for similar cases and allow new groups to apply.
Who Can Join?
If you are a DV-2026 selectee and your file is stuck in the consular process outside the US or the adjustment of status process inside the US, you may apply. Particularly, those in the following situations are suitable candidates:
Those who have submitted the DS-260 form and are waiting for processing
Those who have interviewed and are waiting under 221(g)
Those experiencing denial/obstacles due to 212(f) or presidential proclamations
DV-2026 selectees whose spouses and children are derivative beneficiaries
Those who have filed I-485 and are awaiting a result
Both those progressing via USCIS within the US and those in the Department of State/consular process outside the US can join.
Timeline
As the group forms, we plan to file the lawsuit around early-to-mid July. The government normally has a 60-day response period; however, since we are racing against time, we will request an accelerated decision (temporary relief) without waiting. Under ideal conditions, we hope to see a decision by late July or August. The exact timing cannot be guaranteed as it depends on many variables, including which judge the case is assigned to.
Guarantees and Limitations
We believe our legal position is strong in terms of procedure; there are similar cases. However, no serious lawyer can guarantee a result. To be transparent:
There is no guarantee of obtaining a visa.
Winning the lawsuit is not guaranteed.
The acceptance of class certification is not guaranteed.
Individual correspondence with the consulate or file tracking is not included in the scope of representation.
Travel bans, public charge issues, security screenings, or individual ineligibility reasons may be evaluated separately.
Claims involving 221(g), 212(f), or other denial/suspension situations may be more complex.
Also, a reminder of an important legal limit: Challenging a final consular denial in court for those outside the US is very difficult due to the “Doctrine of Consular Non-Reviewability”. Our lawsuit’s logic is specifically focused on ensuring that the file is processed and a decision is made before a denial is issued.
Participation Fee
A relatively modest fee is charged as a package for the group. The fee is valid for the DV-2026 primary selectee; spouses and children are evaluated as derivative beneficiaries attached to the same file, and whether there is a separate fee is clearly stated in the contract.
Initial payment: $1,000 – $1,500
Remaining payment (after arriving in the US / approval): $1,000 – $1,500
Total: $2,000 – $3,000
Participation Process
Fill out the eligibility form: You can fill out the relevant form by clicking here. Include DV-2026 selectee information, case number range, country, file status, and contact information.
Preliminary evaluation: Our team checks the basic participation requirements and potential risks in your file.
Review the representation agreement: Fees, scope, risks, and responsibilities are shared in writing.
Send necessary documents: DV selection notice, DS-260 status, interview/denial documents, and family information may be requested.
Inclusion in the lawsuit file: The information of eligible participants is organized for use in preparing the lawsuit.
Stay informed: The lawsuit process, court calendar, and important developments are shared with participants. It is also possible to track your court case independently via PACER by clicking here.
Time is running out. If your DV-2026 file is not progressing due to visa printing / processing pauses, evaluate your eligibility and contact us without delay.
Contact
201-957-0909
info@mclawfirm.com
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