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dv lottery application denied

nylee

New Member
Hi everyone,
I won the dv lottery last year. So wife & I waited until August of this year to submit my I-485 because both Kentucky Consular office & USCIS (Hartford, CT) told me to wait until the Asian number in Visa Bulletin is higher than the last 5 digits of my case number. So according to the Visa Bulletin, I can't apply until August. After I submitted the application around August 18 thru express mail, USCIS didn't send me confirmation until around Sept 3. Then we got our biometrics done on Sept 21. Few days later, a lady from USCIS Hartford called me for interview. So i was surprised USCIS called me for interview so quickly, then she explained that they need to get everything done before Sept 30 coz that's the dateline. So we went in the following Monday (Sept 29), a lady interviewed us & everything went well. But last week, we got a letter from USCIS denying our application, saying that the application cannot be approved by Sept 30. We thought this is just unfair because we did our best to follow the process correctly, yet we're rejected. Plus we pay so much money for this application, and now it's all gone?
So my question is, the letter says we can file a motion, do you think we have a chance of success with this motion?
Thank you.
 
Hi Nylee,
It's a pity you did not find this forum until now, as you would have realised that you could have filed earlier (not sure when your number was current but even if a September number you could have sent your package in in July, once the advance notification for the September visa bulletin was published around 10 July; a month earlier than that if your number was current in August).
It does sound like the people at the FO did try to move things as fast as possible once they received the application but it was sent in too late to successfully complete the process.

Unfortunately the law states that no diversity visas can be issued after the end of the fiscal year, irrespective of the reason for denial. This has been tested legally in the past even where Uscis was in the wrong, the law remains the law. Sorry :(
 
Hi everyone,
I won the dv lottery last year. So wife & I waited until August of this year to submit my I-485 because both Kentucky Consular office & USCIS (Hartford, CT) told me to wait until the Asian number in Visa Bulletin is higher than the last 5 digits of my case number. So according to the Visa Bulletin, I can't apply until August. After I submitted the application around August 18 thru express mail, USCIS didn't send me confirmation until around Sept 3. Then we got our biometrics done on Sept 21. Few days later, a lady from USCIS Hartford called me for interview. So i was surprised USCIS called me for interview so quickly, then she explained that they need to get everything done before Sept 30 coz that's the dateline. So we went in the following Monday (Sept 29), a lady interviewed us & everything went well. But last week, we got a letter from USCIS denying our application, saying that the application cannot be approved by Sept 30. We thought this is just unfair because we did our best to follow the process correctly, yet we're rejected. Plus we pay so much money for this application, and now it's all gone?
So my question is, the letter says we can file a motion, do you think we have a chance of success with this motion?
Thank you.

Very sad and frustrating to read this. As Susie said, you could have filed much earlier than you did, its a pity you didn't research that more before August. If you had found this forum you would have been ok. The difference was knowledge. You also waited until too late in August, so yes, as Susie said the FO obviously tried to do their best for you, but even that 18 days in August may have made the difference.

So - can you file a motion - no. Apart from anything else you didn't act with appropriate haste, but as Susie said, there is nothing to be done after 9/30.
 
I guess I shouldn't have listened to Kentucky Consulate & USCIS. These people know nothing about the process. I got ripped off by the govt.
 
Perhaps you misunderstood about when you were allowed to file, which is not the same as when you are able to be allocated a visa number (ie current). I understand you are angry, but there are enough people who successfully do AOS even with relatively high case numbers that make it difficult to conclude that KCC and uscis are in business to rip people off.
 
I guess I shouldn't have listened to Kentucky Consulate & USCIS. These people know nothing about the process. I got ripped off by the govt.

You seem to be saying you waited until you were current based on their advice, so I assume you were current on August 1. You waited 18 days to file after that point. How is that the governments fault?
 
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