DOS Will Not Issue DV-2001 Visas After 9/30/01

O 281836Z SEP 01
FM SECSTATE WASHDC
TO ALL IMMIGRANT VISA PROCESSING POSTS IMMEDIATE

UNCLAS STATE 169257


VISAS, FOR IV SECTIONS

E.O. 12958: N/A
TAGS: CVIS, CMGT
SUBJECT: NO DV-2001 VISA ISSUANCES AFTER SUNDAY, SEP. 30

1. Posts are reminded that no, repeat, no DV-2001
immigrant visas may be issued after Sep. 30, 2001, the end
of FY-2001.

2. It has come to our attention that a memo from the
Deputy Executive Associate Commissioner was sent to all
INS Regional Directors on September 26, 2001. This memo
indicated that the INS interpretation of INS regulations
at 8 CFR 1.1(h) provided the Service with the authority to
approve DV-2001 adjustment cases on Monday, October 1,
2001, because it allowed them to interpret any action
taken on the day after a Sunday as coming within the scope
of action allowed on that Sunday.

3. However, INA 204(a) (1) (I) (ii)(II) and 22 CFR (9 FAM)
42.33(a)(1) prohibit the issuance of DV immigrant visas
after the end of the fiscal year, and there is no
regulation that permits any Department action after the
end of a fiscal year, even when the year ends on a Sunday.
Therefore, notwithstanding the fact that INS might adjust
some DV-2001 adjustment applicants on Monday, October 1,

posts are prohibited from issuing any DV-2001 visas after
Sunday, September 30.
POWELL