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Federal Appeals Court Upholds Freeze on Diversity Visa Lottery

- Federal Appeals Court Upholds Freeze on Diversity Visa Lottery

If you’ve been waiting for the green card lottery to reopen, we have an important update. On October 29, 2026, a federal appeals court put the brakes on a lower court’s order that would have forced the government to restart the Diversity Visa (DV-2027) lottery. For now, the lottery remains closed — but the legal battle is far from over.

Here’s what’s going on, in plain terms.

A Quick Refresher: What Is the Green Card Lottery?

Every year, the U.S. government makes up to 55,000 green cards available through a random lottery. It’s open to people from countries that don’t send many immigrants to the United States. For millions of people around the world, this lottery is one of the simplest ways to get a chance at living and working in America permanently.

It’s been around since 1990 and is written into federal law.

So What Happened?

The Government Stopped the Lottery

The Trump administration quietly stopped moving forward with the DV-2027 lottery. No registration dates were announced, and no application window was opened. This was part of a broader slowdown on immigration programs that began in late 2025.

A Law Firm Sued — and Won (At First)

An immigration law firm in San Diego called Red Eagle Law filed a lawsuit, arguing that the government was breaking the law by refusing to run a program that Congress created. A federal judge in California agreed and ordered the State Department to:

It looked like the lottery might reopen.

But the Appeals Court Stepped In

The government quickly asked a higher court — the Ninth Circuit Court of Appeals — to put that order on pause. A panel of three judges granted that request, and the lottery stayed closed.

Why Did the Court Side With the Government?

Here’s the key part — and it’s actually good news for future cases:

The court didn’t say the government was right to cancel the lottery. In fact, the judges made a point of saying they were not approving the government’s decision.

Instead, the court said that the law firm was not the right party to bring this kind of lawsuit. Here’s why:

In simple terms: the court said the messenger was wrong, not the message.

What Happens Next?

Because the court’s decision was really about who filed the lawsuit and not about whether the lottery should run, it opened the door for others to try.

And that’s already happening. In early November 2026, individual immigrants — people who actually want to enter the lottery — filed new lawsuits to force the government to reopen both the DV-2027 and DV-2028 programs. These cases are designed to fix the exact problem that sank the first lawsuit.

What Does This Mean for You?

Here are the key takeaways:

How Lunel Law Can Help

We know how stressful and confusing this is. At Lunel Law, we’ve helped families and individuals across the country navigate the immigration system — and we’re here to help you too.

Whether you’re waiting on the diversity visa lottery or exploring other ways to immigrate, we can walk you through your options.

We can help with:

Contact Lunel Law today to schedule a consultation.

NOTE

This blog post is for informational purposes only and is not legal advice. Every immigration case is different. If you have questions about your specific situation, please reach out to us for a consultation.

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