U.S. Court Rules on Stalled Green Card Applications Ahead of Lottery Opening

In a landmark decision for thousands of Kenyan families, a U.S. Federal Court has ordered the Department of State to resume processing thousands of Green Card applications that were stalled during the previous administration’s policy freezes. The ruling comes just weeks before the official opening of the DV-2027 Diversity Visa Lottery, providing a glimmer of hope for “lottery winners” whose dreams of American residency had been held in legal limbo.

The court’s decision targets the “administrative processing” delays that affected applicants from several African and Middle Eastern nations. Judge James Boasberg ruled that the government’s failure to issue visas before the end of the fiscal year—due to self-imposed policy hurdles—was “arbitrary and capricious.” The ruling mandates that the U.S. government must reserve a specific number of visas for those who were selected in the 2024 and 2025 cycles but were never interviewed.

What This Means for Kenyan Applicants

Kenya remains one of the top participating nations in the Diversity Visa program, with an estimated 400,000 to 500,000 Kenyans applying annually. For those already in the “winner” pool, this ruling means that the U.S. Embassy in Nairobi must prioritize their backlogged interviews. Legal experts advise applicants to immediately check their status on the Consular Electronic Application Center (CEAC) website and ensure all their documentation, including police clearance certificates and medical exams, is up to date.

The ruling also clarifies the rules for the upcoming DV-2027 lottery, which is expected to open in October 2026. The court affirmed that a change in presidential administration cannot be used as a basis to retroactively cancel visa allocations that have already been legally granted. This provides a level of certainty for future applicants who fear that shifting political winds in Washington could jeopardize their immigration status.

Steps for Affected Applicants

Step 1: Verify Your Case Status

Log in to the official Diversity Visa Entrant Status Check website using your original confirmation number. Check for any “Next Steps” or messages regarding the scheduling of your interview. If your case was previously “ready” but stalled, look for an updated interview date.

Step 2: Update Your Documents

Many applicants will find that their documents, such as medical records or KRA tax compliance certificates, have expired during the delay. You must obtain fresh versions of these documents before your new interview date.

• Current Kenyan Passport (valid for at least 6 months).
• Certified birth and marriage certificates.
• Original education certificates (KCSE/Degree).
• Financial support evidence (Bank statements).

Step 3: Prepare for the Interview Fee

The non-refundable Diversity Visa fee is $330 (approximately KES 42,900) per person. Ensure you have the exact amount in either USD or the KES equivalent as specified by the embassy at the time of the interview.

The Global Immigration Debate

This ruling comes at a time of intense debate in the United States over the “brain drain” from developing nations versus the economic benefits of diversity. Critics of the Green Card lottery argue that it is an outdated system that does not prioritize skills-based migration. However, supporters, including several Kenyan-American advocacy groups, argue that the program is a vital tool for soft power and provides a path for talented individuals who might otherwise lack the means to migrate.

For the average Kenyan, the “Green Card” remains a symbol of opportunity. The latest court victory ensures that the process, while difficult and competitive, remains fair and anchored in law rather than political whim. As the October lottery window approaches, the number of Kenyan applicants is expected to hit record highs, driven by the desire for better economic prospects and the recent legal wins for the diaspora community.