A class-action lawsuit was filed on June 20, 2011, in the United States District Court for the District of Columbia, against the United States Department of State alleging it unfairly denied 22,000 would-be legal immigrants the right to permanent residency in the United States. The plaintiffs are from more than 20 countries including Belgium, Bulgaria, Cameroon, Canada, Egypt, Ethiopia, France, Iran, Ireland, Italy, Japan, Morocco, Nepal, Nigeria, Russia, South Africa, Spain, Sudan, Turkey, Uganda, Uzbekistan and Yemen.

The most common route to United States citizenship is to be sponsored by a family member or an employer; however, the congressionally mandated Diversity Immigrant Visa Program makes available up to 55,000 diversity visas annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. The diversity visa grants immigrants the right to permanent residency in the United States and puts them on track to becoming United States citizens. Approximately 15 million people worldwide applied for the 2012 visa drawing.

Last month, the State Department revoked the results of 22,000 winners who thought they had hit the immigration jackpot. The State Department revoked the results after an alleged computer glitch that caused a majority of the winners to be selected from the first few days of applications instead of the entire 30-day registration period. According to David Donahue, a deputy assistant secretary of state, “The[] results are not valid because they did not represent a fair, random selection of the entrants as required by U.S. law.” The State Department plans to conduct a new selection lottery based on the original entries for the 2012 program, and to release the new results by July 15, 2011.

The plaintiffs insist that the selection process was random and have asked the State Department to restore their status. The State Department ignored the plaintiffs’ proposal that the original winners be recognized and a second drawing be held only to fill the remaining slots. Now, as a result of the lawsuit, it may be possible that the July 15, 2011, new selection lottery will be canceled.

The attorneys at Patel & Williams, PLLC, are available to address your immigration law needs. Call today for a free telephone consultation to learn more about how our firm’s immigration services may help you achieve your immigration goals.