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2015 selectee - Need your help

ijon said:
So, just to be sure... she couldn't claim Belgian as country of chargeability from her parents because they were not belgians at the time she was born... is that it ?
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It is extremely to tricky to claim from parents anyway, with a huge amount of documentation and evidence required, and for the above reason absolutely no chance of Belgian for the reason you say.

You can try KCC as a first call but i suspect they will just repeat the rules to you- you really need to talk to someone at the embassy. I would double check about using spouse chargeability. I know what britsimon posted, but it does not specifically limit it to ineligible countries, simply gives options for those who are. I also had initially read it the way britsimon did,but came across a case of someone who said they did it from an eligible country.
 
ijon said:
So, just to be sure... she couldn't claim Belgian as country of chargeability from her parents because they were not belgians at the time she was born... is that it ?
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The rules are based on the selectees nativity. Citizenship is basically irrelevant and the only time the parents come in to the picture is when you are trying to make a cross charge ability case based on the parents being in a country temporarily. In the scenario you described, you might be able to claim Tunisian cross charge ability, but that would not help.
 
ijon said:
Ok,

let's say we go through... what are the consequences of a no ?
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You waste the money for medicals and visa fees.
You have to disclose you were refused a visa so are unable to use VWP for trips to the US and will have to get a visitor visa.
 
ijon said:
Ok,

let's say we go through... what are the consequences of a no ?
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Not bad really - just the money and hassle. In terms of being denied the visa, in practice it doesnt really matter. Applying for an immigrant visa is a sign of immigrant intent. That can cause complications if you need a temporary US visa, but it does not rule out the chances of being approved for a temporary visa.
 
SusieQQQ said:
You waste the money for medicals and visa fees.
You have to disclose you were refused a visa so are unable to use VWP for trips to the US and will have to get a visitor visa.
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I don't think it is a knock out for an ESTA application.
 
Britsimon said:
Yeah, I have seen that. I have some family experience of someone trying to get an Esta after denial and it was approved. I think the link you gave is accurate BUT not conclusive (so not an auto knockout).
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Just to add to that I would not be at all surprised if that was country specific in esta...
 
I think this is the most horrible day of my life !!!

ok, how do I withdraw the ds-260 application ?
 
[QUOTE="ijon, post: 2349849, meed !!
Does that mean there is absolutely no hope for us ?
Does it mean we should try to withdraw our application ?[/QUOTE]
Hi ijon,you guys should go and try the luck. I beleive in God all shall be well. She will be using your country of birth,as susee rightly explains.
 
ijon said:
I think this is the most horrible day of my life !!!

ok, how do I withdraw the ds-260 application ?
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I want to address what Susie is referring to earlier. My understanding is what I had investigated for my own participation and cases that have been discussed before. However, there are differences in "normal" immigration law and the rules of cross chargeability that I posted above (which are DV specific). That I think creates the confusion that has been discussed here before. (I think by an Arentinian blogger if I remember correctly). There is a chance that my understanding is incorrect OR that it is correct but the CO is confused about the complex rules surrounding this, and quite simply makes mistake. So - let me giove a bit more detail and you can make your own mind up how you want to play it.

The rule of chargeability is discussed in Section 202(b) of the Immigration and Nationality Act. That is listed here. If you read point 2 it talks about an immigrant being charged to the country of chargeability of their spouse (to avoid family separation). I believe this covers scenarios such as would have existed if you were the winner. In that case your wife would have been charged to your country of birth. However, as she is the principal selectee I don't think it applies. We do rely on this document for various points and this is one of the few lawyers who clearly understands the DV process. In their "deceptively simple program" document they do open the window to cross charging in the way that Susie describes. However, if you read it completely it becomes less clear (in my opinion). The same lawyer (the site here) also published this update which again talks about cross chargeability. So - you could contact that lawyer and discuss your case with them. Having said that - you might even just want to spend that money on the medicals and interview fees and see what happens.

Your interview appointment will be notified to you in about 3 weeks. If you are prepared to take the risk of the money and hassle, perhaps you should go for it. I would LOVE to be proven wrong on this!
 
ijon said:
4. She has dual citizenship of Belgium and Tunisia, applying as a belgian citizen. She was also was born in a small village in Democratic Republic of Congo, and at least at the time, administration could be sometimes somewhat approximate, no offense.
So basically, they would put sometimes the village, sometimes the administrative city and sometimes both as Place of birth on civil documents.
So when she arrived in Belgium she decided to just go ahead and put both village and city in the form of "village - city". That's what her passport states...The more information the better... and that's what we've put in her application.
It is not possible to get birth certificates from Congo anymore, but they will deliver a document stating they cannot deliver such document (I guess they will state at least either village or city if not both) and we'll add an affidavit from her mother.
We already changed her diploma (they also made mistakes spelling her name) because she started her courses at the belgian school in Congo (first two years) and finished it in Belgium to make sure there is no difference on any civil document we have to provide at the interview
Could that 'village, city situation' create a confusion ? Should we be concerned about that, or did we do what we had to ?
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What Country of Birth does it say on her birth certificate / passport ? Does it say Belgium or DRC etc?
 
I somehow doubt this person was born before 1960, but even if she was it is likely place of birth would be "Belgian Congo" then.
 
ok, so, I just spoke with someone from the embassy here in Brussels.
She said, after apparently talking to a supervisor : 'you will get the letter with the scheduled interview. As you will be interviewed by the officer, just say you made a mistake on your EDV, they should be able to help you, and that shouldn't be a problem."
Somehow, she gave me the impression she didn't really know what se was talking about... Anyway, I am SO confused right now... She also said that getting denied should not be a problem for ESTA after... Strange... right ?

What should I do ?
 
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