A federal court has ordered the State Department to open DV-2027 registration no later than November 1, 2026 — this ruling applies to those who had not yet been able to submit an entry. At the same time, the court ordered additional consular review for DV-2026 participants already called for interviews, but the strict deadline — September 30, 2027 — means only about a year remains for processing, despite the registration delay.
What happened with DV-2026 at the consular level
Under the judge’s October 13 order, consulates were required to conduct additional review of existing DV-2026 cases from October 14 to 23, local consulate time. This concerns only already-submitted entries that fall under the court’s protection.
This consular window does not apply to submitting new lottery entries during this period — registration was closed, and new applications cannot be accepted. In addition, the additional review cannot automatically be applied to green card processing inside the US through adjustment of status.
It’s important to remember: additional review does not guarantee visa issuance. Each case is considered on its own merits.
The DV-2027 court ruling: deadlines and conditions
In Red Eagle Law v. Rubio, federal judge Jinsuk Oty issued a preliminary order requiring the State Department to act, although the final resolution of the dispute has not yet concluded.
The initial deadlines were changed that same day. Instead of October 18, the parties jointly requested an extension, and the judge signed a second order with new dates:
- no later than October 29, 2026: the State Department must publicly announce the exact intake dates and participation conditions;
- no later than November 1, 2026: open online registration for 30 days;
- no later than the first third of December: notify selected participants.
All three dates are in US Eastern Time. The phrase “no later than” means the court has set a deadline for the State Department and all US embassies and consulates. The exact day and time registration opens will be announced by the State Department itself in an official notice.
Where to apply and what to watch for
On the official website dvprogram.state.gov, only the results check for previous entries is currently available. The check button is not a form for a new entry. Registration will open after the official announcement.
Be careful: if another website or company already offers to submit an entry for you, paying such a company does not by itself make you a participant in the government program. Wait for the official opening on the government website.
A particular question arises from the name of the court case. The order requires registration to be opened under the usual eligibility criteria — you do not need to become a client of Red Eagle Law or join the lawsuit to apply. However, having your entry selected still does not guarantee a visa. After that, you must meet all program requirements, and a visa number must be available.
Processing deadlines: the court can no longer help
The court ordered applications to be processed under normal rules until the available limit is exhausted, or until September 30, 2027 — about a year away — whichever comes first. No additional year for processing was granted by this order.
This is a practical consequence of the registration delay: the visa year is already underway, while participants still have to register, learn the results, and prepare for an interview. Everything happens on a tight schedule, but the court cannot push the deadline further.
DV-2028: when to expect an announcement
There are no official DV-2028 registration dates on verified State Department pages yet. The usual calendar has been disrupted — registration normally opened in October–November, but the dates from the DV-2027 ruling cannot be carried over to DV-2028.
When the next official lottery announcement appears, check the cycle number and stage. This will help you understand whether the news applies to your entry. Look in the announcement for the DV-2028 program number and the intake start and end dates.
What to check right now
If you’re waiting for DV-2027 or DV-2028 registration, start preparing now:
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The photo must be taken no more than 6 months before submitting the entry — the countdown starts from the submission date, not from when you begin preparing. If you took the photo last year, it may already be outdated.
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The main applicant’s passport must be valid. Biographical data and signature must be clearly visible.
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The passport must be valid at the time of submission and at the time of applying for the green card if selected.
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The $1 registration fee remains in place.
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Submit only one entry per person per cycle. Multiple entries with you as the principal applicant will result in disqualification. Coordinate with family and advisors so no one submits a duplicate.
The bill to abolish the lottery and the court process
The S.5485 bill to abolish the lottery has been circulating for some time. According to the official bill tracker, the latest action remains referral to a Senate committee on September 23. The bill has not yet been passed.
The court ruling on specific cycles and possible changes to the law are completely separate processes. A court victory does not guarantee the program will be preserved forever, and the bill’s introduction alone does not stop the lottery from operating right now.
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