Thank you for your answer!
He turned 21 in June of 2012 and I believe he gets DV from Moms case. If you read "Instructions for Selectees" it says: Family members refer only to your spouse and unmarried children who had not reached age 21 before you entered the lottery.
My question is: is there going to be a problem if he is not going to be there for the interview and does his mother need to show any proof to the embassy that her son is not in the country? In her dv-230 she of course is going to put all her children.... I think she doesn't need to fill out a separate dv-230 form for her son.
P.S Why she is already late? In the intstruction they don't say when they should mail their documents!
What governs his chances are not those "instructions" but the "law" aimed at 21+ kids as explained in the link I gave before.
Is the Mom's winner notification letter dated 7/15/2011?
If then his "grace period" would be 7/15/11 Minus 10/5/2010 = 283 days.
That means Mom's CN MUST need to become current BEFORE 6/21/2011 PLUS 283 days. Simple as that!
If her CN is below EU 10k, then he will have a good chance of meeting that reqmt.
In any case she will have to send a DS 230 for him now. And since he is 21+ now, he will have to sign it, not Mom.
Embassy will most likely ask the whole family to come for the intvw together.
Hope this helps.
Best!
PS: To make sure I understood things correct, is that he DOES or he DOES NOT want to get the DV from Mom's case and go to USA?
If he wants a DV, then it is good he send his DS 230 now than late. He sure can wait to send it in to KCC, but then his name checks, security checks will become late. At the intvw. date embassy will most probably ask for whole family. If Mom is not sure of her chances, best thing is to talk with embassy and ask to intvw Mom first (pay fees only for her) and see whether her case is ok. Then kids are intvw.ed later. Some embassies allow for that, but you need to talk to them and see.
If he does not want the DV to go to US, then no need to send his DS 230, then Mom just explain at her intvw. that he is not going, give some evidence he is not in the country, that's all.
btw, ALL kids (who wants a DV) in the case MUST have separate DS 230 in their name. Just that if below 21, Mom sign them.