DV2015 Summary...
- Thread starter Idea Mani
- Start date
The USCIS informed me on the 11th of january 2016 that it was going to get back to me within 15 business days regarding the injustice done to me on my DV 2014 visa. Members of the forum please have a read;
USCIS Customer Assistance <CAO@uscis.dhs.gov>
Feb 1 at 11:23 PM
Dear Mr. ;;;;;;;;;;;:
Thank you for your inquiry to Secretary of Homeland Security Jeh Johnson regarding the serious injustice to your DV 2014 visa application at the U.S. Embassy in Yaounde, Cameroon.
The U.S. Department of Homeland Security referred your inquiry to the U.S. Citizenship and Immigration Services (USCIS), Special Cases Unit. Your inquiry has been assigned case # 000000. Our office is committed to helping USCIS customers resolve any problems they might have encountered when applying for immigration services and benefits.
We understand your concerns and are dedicated to providing you with accurate information and guidance. We recognize that the issues in your inquiry are very important to you, so we are providing this interim reply while we work with an appropriate authority to provide you a written response. Please understand that this issue does not fall under the jurisdiction of USCIS. We have taken the liberty of researching your information, which involves obtaining information from our Point of Contact at the U.S. Department of State, which can take some time. We appreciate your patience while we complete this research in order to provide a detailed response to your inquiry.
For guidance on areas that fall under the jurisdiction of USCIS, as well as for information about immigration matters under our responsibility, we suggest you visit our website or contact our National Customer Service Center at 1-800-375-5283.
We hope this information is helpful.
Sincerely,
Al Eskalis
Chief of Customer Assistance
\ab
This response has defiled all expert predictions i guess as i got far more than an apology. The response i got from USCIS the first time was'nt an automated one after all. I think we should not make definite statements on issues when we are not the decision makers.
SusieQQQ
Well-Known Member
Keep us posted. I still believe that as has been the case with other objections that you will be informed even if there was a USCIS error, that you can't be issued with a visa. It's encouraging that they are trying to find you an explanation though.
(Your first response was automated by the way - this one isn't.)
Nothing in that response changes my opinion on anything I said before:
(Your first response was automated by the way - this one isn't.)
Nothing in that response changes my opinion on anything I said before:
Britsimon
Super Moderator
This letter is nothing more than a receipt! By issuing that receipt it simply means they met their "target" to respond within 15 days. So - you have been "fobbed off" with a pointless letter which now means they have no deadline to respond to you further and have already said it isn't their problem (so they can pass the buck to another department). If it makes you happy though - I am happy for you, but I don't think you understand how these things work. As Susie said, it does not change a thing and the outcome is still going to exactly the same.
Oh i am more than happy and i appreciate that you are happy for me. First i got a receipt and then got more than an apology defiling all predictions that i was never gonna get even a response, now my receipt is pointless and i don't understand how these things work. All i know is that i am on tract and i will keep you posted.
EURO2014
Well-Known Member
Just wondering when and from whom exactly you "got more than an apology" from all of this, thus far? Hopefully you do not interpret too much into a standard response letter. Anyway, good luck in your endeavor.
Britsimon
Super Moderator
Well I think you and I have a different standard of what constitutes an apology. Given your reaction to this receipt - I think you may well get an "apology" that satisfies you.
A standard response that you never saw coming.
EURO2014
Well-Known Member
No, in order to effectively comply with established Homeland Security & USCIS regulations they had to respond to you within a defined period of time with a standard letter. Now that they have done so, they will effectively string you along. But hey, no bad feelings, just hope you will get out of this process what you are seeking, presumably in terms of acknowledgement and bureaucratic attention. Good luck.
SusieQQQ
Well-Known Member
As is well documented, appeals are only possible if AOS has been applied for within the US. A quick search reveals case precedent upholding that "under no circumstance" (as worded in law) can a DV visa be issued after the fiscal year ends. Here are two that came up on one page of Google search. You're welcome to keep searching to try find a contrary opinion, but you won't find one.
http://caselaw.findlaw.com/us-9th-circuit/1423096.html
http://www.ca6.uscourts.gov/opinions.pdf/10a0280p-06.pdf
"Aliens are eligible to receive diversity visas through the DV Lottery Program “only through the end of the specific fiscal year for which they were selected.” 8 U.S.C. § 1154(a) (1)(G)(ii)(II) ); see also 22 C.F.R. § 42.33(a)(1) (“Under no circumstances may a consular officer issue a visa or other documentation to an alien after the end of the fiscal year during which an alien possesses diversity visa eligibility.”). "
And an appeal court judgement, in this case INS (now USCIS) was at fault but still
We conclude that even if the INS has a non-discretionary duty to process Nyaga's adjustment application, Nyaga's case was moot because as of midnight on September 30, 1998, he was no longer eligible to receive a diversity immigrant visa.
https://law.resource.org/pub/us/case/reporter/F3/323/323.F3d.906.02-12265.html
(I also don't see any worse of apology in that letter, just a rewording of the original complaint, but that's moot anyway. Whether or not it's perceived as an apology means...nothing in practical terms. So again Tossam, if what you are after is an apology and explanation, you may yet get one. If what you are after is a visa, stop wasting your time.)
http://caselaw.findlaw.com/us-9th-circuit/1423096.html
http://www.ca6.uscourts.gov/opinions.pdf/10a0280p-06.pdf
"Aliens are eligible to receive diversity visas through the DV Lottery Program “only through the end of the specific fiscal year for which they were selected.” 8 U.S.C. § 1154(a) (1)(G)(ii)(II) ); see also 22 C.F.R. § 42.33(a)(1) (“Under no circumstances may a consular officer issue a visa or other documentation to an alien after the end of the fiscal year during which an alien possesses diversity visa eligibility.”). "
And an appeal court judgement, in this case INS (now USCIS) was at fault but still
We conclude that even if the INS has a non-discretionary duty to process Nyaga's adjustment application, Nyaga's case was moot because as of midnight on September 30, 1998, he was no longer eligible to receive a diversity immigrant visa.
https://law.resource.org/pub/us/case/reporter/F3/323/323.F3d.906.02-12265.html
(I also don't see any worse of apology in that letter, just a rewording of the original complaint, but that's moot anyway. Whether or not it's perceived as an apology means...nothing in practical terms. So again Tossam, if what you are after is an apology and explanation, you may yet get one. If what you are after is a visa, stop wasting your time.)
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Britsimon
Super Moderator
Tossam. Can you please stop with the petty points about what was said or what you think people expected. No one is hoping you will fail. We know the outcome - but we don't take any pleasure in it at all and the constant comments are frankly insulting when you consider what we do here. So stop. Report your progress if you like. But stop treating this as a battle with those people that are here to help.
Britsimon, with all due respect I refuse to be intimidated by your statements ok, i have simply been reacting in other words expressing contrary views and in no way disrespected anyone here. I am not obliged to buy your opinions and to the best of my knowledge have not abused the "help" you are providing here. As much as you feel insulted by my contrary views so do i when you make feel like i am wasting my time. You have made your point as the experts and leave the decision as to whether i take it or not to me.
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Thanks Susie, first of all i do not know the details of this Nyaga's case and how similar it is to mine but my intention is not to take anyone or institution to court. I have understood your intentions and i appreciate your efforts.
Britsimon
Super Moderator
For goodness sake. I am not trying to intimidate you. It's a great shame you can't follow a simple request. I won't engage with you further, but if you post anything to continue the pettiness I will simply delete it in order to maintain the positive vibe in the forum that almost everyone else enjoys.
Hi susie, just wish to find out if non-immigrant US visas like tourist visa also have quotas in a year? In that case, which is the best time to apply for a tourist visa at the US embassy?
Thanks
Sm1smom
Super Moderator
Not Susie, will answer regardless. NIV are not subjected to quota limitations. There's no best or bad time to apply. You simply have to demonstrate a strong tie to your home country and convince the CO you will be returning to your home country at the end of your proposed visit, especially following a situation where an immigrant intent had been previously demonstrated.
Ok,
Ok, I am asking because with the failed DV 2014 visa that was approved but never issued and the fact that i tried seeking redress from some authorities in the US, how can that affect my tourist visa application two years after considering that my reasons for travelling are genuine, I have strong social ties back home, married with a child, has a job with stable income, my wife has a good job too, i run a small business and own land, i equally have a travelling history for the past years travelling to Europe, Asia and Africa and on my second passport now. what are my chances considering this immigrant intent of DV2014?
Thanks
Ok, I am asking because with the failed DV 2014 visa that was approved but never issued and the fact that i tried seeking redress from some authorities in the US, how can that affect my tourist visa application two years after considering that my reasons for travelling are genuine, I have strong social ties back home, married with a child, has a job with stable income, my wife has a good job too, i run a small business and own land, i equally have a travelling history for the past years travelling to Europe, Asia and Africa and on my second passport now. what are my chances considering this immigrant intent of DV2014?
Thanks
Sm1smom
Super Moderator
You take evidence of the genuineness of your trip and all the ties you have to your home country and present those to the CO at the time of your interview. An approval or denial of the NIV will be at the discretion of the interviewing CO.