We are continuing to hear reports from around the country of individuals who won the DV-98 and DV-97 lotteries who were unable to get green cards because INS offices failed to process their cases before the end of the fiscal year. The problem has been particularly acute at the Chicago INS office which had no system in place for segregating DV-98 cases. We are aware of two examples of cases that were filed promptly in October 1997 but which were never pulled for separate handling. In one case, an applicant's attorney was able to get the case segregated in the summer, but the INS still failed to request fingerprints and the case was decided on the very last day possible after intervention from a Congressman's office. In another case involving almost identical circumstances, the FBI did not get the fingerprints back in time (the INS sent them to the FBI less than one week before the September 30, 1998 processing deadline).

Similar reports have been heard from people filing in places like New York and Orlando.

The problem seems to be more severe this year than in the past as processing times at INS for adjustment cases has gotten slower and slower. Consular processing, on the other hand, seems to be as reliable as ever and cases timely filed there appear to have fewer problems.

Several months ago we wrote about a federal court judge who ordered an INS office to issue a green card to a lottery winner even though the case was not properly completed before the end of the fiscal year. Siskind, Susser, Haas & Devine has been in discussion with a litigation law firm about the possibility of filing a class action law suit against the INS to force them to issue green cards in lottery cases not handled in a timely manner by INS. Specific details are not yet available and, in fact, a final decision has not been made by the firm to pursue the matter. However, if you believe you may benefit from such a case and are potentially interested in joining the class action, please e-mail us at DV-litigation@visalaw.com.

New York Democratic Congressman Charles Schumer is also considering legislation to extend the deadline for lottery processing, but the chances of the legislation passing are not great. In an interview with Schumer's office, we learned that the legislation has yet to be drafted and there is some Republican opposition. Now that Schumer is leaving the House to run for the Senate, his political future is unclear. But if he wins the Senate, his office has indicated that it will pick up the fight again. If and when such legislation is introduced or a class action is instituted, we will inform readers and let them know what steps to take to advocate on the matter.