With deadline near, diversity visa applicants ask judge for extended relief

A federal judge in San Jose heard arguments Tuesday from diversity visa applicants seeking emergency relief before the Sept. 30 fiscal deadline, after the State Department was accused of slow-walking compliance with an August injunction meant to restart processing. Plaintiffs' attorney Curtis Morrison told the court thousands of class members whose visas were on indefinite hold still have not been scheduled for new interviews, calling it a Catch-22 where applicants can't attend interviews they were never invited to.

Judge Edward Davila said he was disappointed the government hadn't diligently followed his order, noting officials delayed restarting the process for retraining and cable notifications to consulates. He floated extending the application window by roughly 11 days, matching the government's own delay, but a Justice Department attorney called that remedy likely unlawful and logistically unprecedented.

Government status reports show 3,814 visas processed since the injunction, out of up to 55,000 selected annually and 40,000 unused visas plaintiffs want issued. Davila took the motion under submission without saying whether he'd rule before the deadline arrives.

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