Green Card Update: New Lawsuit Revives Diversity Visa Lottery Fight
Summary
A Russian national living in Los Angeles sued Secretary of State Marco Rubio on November 1, asking a federal court to require the State Department to open registration for the DV-2027 and DV-2028 diversity visa lotteries. The case follows a Ninth Circuit order that paused an earlier ruling requiring registration for DV-2027 while the government’s appeal proceeds.Key Facts
- The plaintiff, Ivan Ivannikov, says he qualifies for and intends to enter both lotteries if registration opens.
- Ivannikov filed the lawsuit in the U.S. District Court for the Central District of California.
- A federal district court ordered the State Department on October 14 to reopen DV-2027 registration and set deadlines for registration and applicant notices.
- The Ninth Circuit paused that order on October 29 while the government’s appeal proceeds.
- The appeals court said Red Eagle Law was unlikely to show that its interests were protected by the Diversity Visa statute; one judge separately found the firm lacked constitutional standing.
- Ivannikov’s complaint alleges unlawful delay, arbitrary and capricious action, and action beyond the secretary of state’s statutory authority.
- The lawsuit asks the court to require registration periods of at least 30 days for both programs and to process people selected through them.
- The Diversity Visa Program makes up to 55,000 immigrant visas available each fiscal year.
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