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Dv lottery visa denial based on photo

Dramer

Dramer

New Member
number : 2016Af00024XXX

Greetings
I'm a winner of Dv lottery 2016..Had my interview on May 10th 2016 In US Embassy Abu dhabi UAE..the interview went smooth and i provided all the documents required abd paid the visa fees..but they found out that in the Electronic Entry mismatched the photos by putting my wife photo for daughter and daughter photo (who is 2 years and 9 months) for my wife and i got disqualified .(Section 212(a)(5) A...which basically estates lack of photo..they have the photos but mismatched ..The consul compared the photos in the system with 3 of us and confirmed its our photos..she said the only issue is the mismatching of the photos)..As a principal applicant My photo is placed correctly, still all of us got rejected..we feel so disappointed as this could be our only opportunity to live in the US and we may never get this chance again in our life time , and its our only way out to live and raise our kids in a healthy environment .I want to find away to apply for reconsideration for our case .your help will be highly appreciated
Ps.Me and my wife are doctors and we have another daughter who is 18 months old child who is American Citizen
 
Dramer said:
number : 2016Af00024XXX

Greetings
I'm a winner of Dv lottery 2016..Had my interview on May 10th 2016 In US Embassy Abu dhabi UAE..the interview went smooth and i provided all the documents required abd paid the visa fees..but they found out that in the Electronic Entry mismatched the photos by putting my wife photo for daughter and daughter photo (who is 2 years and 9 months) for my wife and i got disqualified .(Section 212(a)(5) A...which basically estates lack of photo..they have the photos but mismatched ..The consul compared the photos in the system with 3 of us and confirmed its our photos..she said the only issue is the mismatching of the photos)..As a principal applicant My photo is placed correctly, still all of us got rejected..we feel so disappointed as this could be our only opportunity to live in the US and we may never get this chance again in our life time , and its our only way out to live and raise our kids in a healthy environment .I want to find away to apply for reconsideration for our case .your help will be highly appreciated
Ps.Me and my wife are doctors and we have another daughter who is 18 months old child who is American Citizen
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Dramer, It certainly is sad yet the CO decision on your case dismissal is final, no "way to apply for reconsideration" or other venues open to you related to your DV case. As pictures of your wife and daughter were reversed, preliminary security screenings presumably could not be completed in a satisfactory manner before consular interviews.
 
Euro 2014...Truley it sad ...and the real shocking thing is the massive effort and loads of emotions an applicant face for a full year to come and tell u that u had a mistake in Electronic Entry..hope no one ever suffer what im passing through..
 
It's unfortunate, but there's no appealing the decision. Yes, 9 FAM 502.6 says:

Photos: Photo specifications are detailed in the annual Diversity Visa (DV) Bulletin and also posted at the Department’s “travel.state.gov‟ website. The Department will disqualify entries lacking the required photos or including invalid photos. You must review the entry photo at the time of adjudication. If you determine that the photo on the entry is not that of the applicant, you may pursue a refusal under INA 212(a)(6)(C). Otherwise, refuse the applicant under INA 212(a)(5)(A). The entry photograph may be viewed through the Consular Consolidated Database (CCD) under the “Immigrant & Diversity” section, “DVIS Applicant” report or on the eDV button on the Immigrant Visa Overseas system.

Arguably some other CO might have been a bit lenient and overlook the fact that you wife's photo got swapped with your daughter's during the eDV registration since you had the right photo as the main selectee, the truth is the invalid photos could be considered to have skewed the results of the background checks carried just like @EURO2014 explained above.

You just have to move on from this and try and again for 2018.
 
Thank you sm1smom...yes i red about it fam.gov.state
i know thier is no formal appeal ..but can i contact the NVC and ask for reconsideration as this was a honest mistake?
 
Dramer said:
Thank you sm1smom...yes i red about it fam.gov.state
i know thier is no formal appeal ..but can i contact the NVC and ask for reconsideration as this was a honest mistake?
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NVC has no bearing on the process, and even if they do, they can't bend the law to accommodate your mistake.

KCC is the administrative body responsible for all DV cases, even they can not request for a denied case to be reconsidered. 9 FAM 502.6 clearly defines KCC's role in the entire process, part of which is:

"Creation of Immigrant Visa File: KCC will review each DS-260 submission as they are received, and will update the electronic record in DVIS as required. In cases where a potentially disqualifying factor has been identified at KCC during case creation, a remark will be entered at the top of the DS-260 for the interviewing consular officer's information. KCC has no adjudicatory role, and so cannot determine an applicant's eligibility or qualification for the visa. Remarks are intended as additional information for officers to review as part of the adjudication process."

KCC most likely identified the incompatible photos of your wife and kid, and noted them as such before forwarding your case file to the embassy.

Like I posted earlier on, you need to move on. The CO's decision is final. Of course, you can contact NVC if you wish, the end result isn't going to be different except for the fact that you'll only be prolonging the agony of the denial for your family.
 
just a question..a lawyer told me to lawsuit againest DOS...is it possible...and how that gonna affect my visit visa and dv lottery in the future???
 
Dramer said:
just a question..a lawyer told me to lawsuit againest DOS...is it possible...and how that gonna affect my visit visa and dv lottery in the future???
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And is this lawyer going to be the one to represent you in that lawsuit?
 
investing such amount without any outcome according to your exprience would be killing ....did you came across any successful lawsuit???and the real question is how that gonna affect my future dv if i fail and re apply in the future
 
Dramer said:
yes..and he asked for a load of money
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And even if he's able to miraculously win your case (which is highly doubtful), it's not going to result in an IV for you and your family. DV2016 would be long over by the time the case gets resolved one way or the other.
 
No, it won't be successful because you can't appeal a consular decision and as mom says they can't issue any visas for the current year after Sept 2016, no matter what. If the lawyer is so confident you'll win, tell him to arrange a contract where you will only pay him if he wins the case for you. Watch him scuttle out.
 
Dramer said:
No lawyer gonna grantee such a thing...im just desperate and upto anything
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1. There is no appeal process.
2. As a person abroad you have no jurisdiction
3. It would take a long time and money to arrive at that conclusion
4. By the time 3 is done the year would have ended.
5. We are all commenting on the secondhand info you have been given. There might be more to the refusal than we know.
6. If the lawyer knows anything at all about the process (doubtful) he/she would know all of the above and would know the chance of success is 0%. So - he/she either knows you will fail and therefore it's a great way to charge you with no chance of success (easiest way to make money), or he/she doesn't know the above and will be genuinely surprised when he/she learns on your dime. Either way, it's a payday for the lawyer.
 
Painful truth ..but you are all right...its so sad for such an honest simple mistake to make such a big decission
 
so you all recommend that i give up and carry on my lif ..coz as an expert you all know that no hope
 
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