Just a few days ago, everything indicated that Polish citizens and nationals of other eligible countries would be able to apply for the green card lottery for fiscal year 2027 starting November 1. We wrote about the court order and the new passport requirements in the article “DV-2027 Visa Lottery: Court Orders Program Reinstated”. The situation changed on October 29.
What the appeals court ruled
A three-judge panel of the United States Court of Appeals for the Ninth Circuit (Judges M. Margaret McKeown, N. Randy Smith, and Holly A. Thomas) in the case Red Eagle Law, L.C. v. Rubio (No. 26-6943) granted the government’s emergency motion to stay the injunction pending appeal. The order was issued on October 29, 2026, and designated for publication.
The matter concerns a preliminary injunction issued on October 14 by the federal court for the Southern District of California. It ordered the State Department to announce a registration period by October 29, open registration by November 1, and notify selectees by December 3, 2026. Following the appeals court’s decision, these deadlines are no longer in effect.
Why the court sided with the government
The lawsuit was filed in August 2026 by the immigration law firm Red Eagle Law as the sole plaintiff, without the participation of individuals wishing to enter the lottery. The appeals court found that the government is likely to win the dispute because the law firm does not fall within the zone of interests protected by the Diversity Visa Act. The purpose of the program is, as stated, to encourage immigration from countries with low rates of immigration to the U.S., rather than to provide revenue for law firms. Without such an interest, the law firm lacks standing to sue.
Judge N. Randy Smith, in a concurring opinion, went further: in his view, the law firm lacks standing altogether because its potential injury depends on whether foreign nationals win the drawing and choose the firm as their legal representative.
However, the court left no doubt regarding its assessment of the administration itself. The order noted that the State Department failed to open registration for fiscal year 2027 without any explanation, which in practice amounts to canceling the program. “We do not condone the Department’s failure to open a registration period,” the judges wrote.
What’s next
The decision of October 29 does not end the case. This is a temporary ruling—the appeal of the injunction itself will be considered in the ordinary course, and the court clerk’s office is to set a briefing schedule for the parties. Until then, the California court’s injunction is not in effect.
As of November 1, 2026: the official lottery website dvprogram.state.gov contains no information about DV-2027 and is not accepting entries. The State Department has not announced a new registration date.
What this means for Poles
- It is currently impossible to apply for DV-2027. Any website currently accepting entries or charging fees “to participate in the DV-2027 lottery” is not an official State Department channel. Applications are accepted exclusively at dvprogram.state.gov.
- It is worth staying prepared. If registration opens—following the ruling on appeal or an administrative decision—the application period may be short. A valid passport and a scan of its data page are requirements of the new edition, which we wrote about on October 28.
- The lottery is not the only path. Individuals who were counting on DV-2027 can explore other pathways to a green card—family- or employment-based—preferably with an immigration attorney.
We will keep you informed of further court decisions and any announcements from the State Department.
Source: U.S. Court of Appeals for the Ninth Circuit order of Oct. 29, 2026 in case no. 26-6943 (PDF), dvprogram.state.gov website (as of Nov. 1, 2026). This article is for informational purposes and does not constitute legal advice.
If you are wondering what other paths to a green card are available in your situation, it is worth consulting one of the Polish immigration attorneys in the Polish Pages directory.
