• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

September VB - DV14 Last Chapter

Your lawyer was wrong. I'm glad it didn't affect your case.

By the way, this question is quite nicely addressed in a video that Sloner posted a couple of days ago - go to 36:30 of the video below:-

Thank you. But he only mentioned applied dv visa, not what after submitting the forms. I just submit my I 485 a week ago. No idea weather it will affect my case or not. You scared me
 
Thank you. But he only mentioned applied dv visa, not what after submitting the forms. I just submit my I 485 a week ago. No idea weather it will affect my case or not. You scared me

I already explained, submitting the 122/230 forms is making an immigrant visa petition. The DS230 is headed "Application for immigrant visa and alien registration". . However, that does not mean any other non immigrant visa application will fail.
 
Your lawyer was wrong. I'm glad it didn't affect your case.

By the way, this question is quite nicely addressed in a video that Sloner posted a couple of days ago - go to 36:30 of the video below:-

Before reading your explanation britsimon I thought as well that those who have no interview are going to have no problems entering USA with a visa waiver. But then when you think about it even if you got no interview your "intention" to immigrate remains the same, because it is not you changing your mind, it is that you have no chance to go through with it. So even if I am no expert I feel this lawyer was wrong, and the ability to show strong home ties for the future is the way to get granted access and it is key here.
 
Before reading your explanation britsimon I thought as well that those who have no interview are going to have no problems entering USA with a visa waiver. But then when you think about it even if you got no interview your "intention" to immigrate remains the same, because it is not you changing your mind, it is that you have no chance to go through with it. So even if I am no expert I feel this lawyer was wrong, and the ability to show strong home ties for the future is the way to get granted access and it is key here.

The visa waiver program (ESTA) is much less of a problem. Getting the ESTA is straightforward - DV selectees who have sent their forms in have been approved. As you enter on ESTA, the questions are normally very limited, so the question about do you intend to immigrate doesn't come up - and no problem.

THe lawyer was wrong because he incorrectly assumed DV forms submission is not a immigrant visa petition. I'm sure that is because knows nothing about DV process. One could argue that because the 230 is not signed until the interview the petition has not really taken place BUT that is a risky strategy IMHO, and very doubtful the lawyer even knew that - hence the advice given here sometimes to be careful when submitting the DV forms. However, forms submitted or not, a person may or may not get a temporary visa - as the man said - it is not a simple question.
 
  • Like
Reactions: one
Thanks
Than i guess its the end of it.
If they sent VB emails out its over IMO
Im just wondering why havent i recieved it yet ?!
Last month I received the VB email and then, approx. 3 hrs later, another email with the VB attached and subj: AMENDED July 2014 VB. So I am pretty sure that the fact they sent the Aug VB by email means little in case they want to amend the VB, they can still send another email. I believe it is wise, considering the amount of time and energy we invested in this project so far, to keep calm and wait a few more days (or even until mid of Aug according to some who called KCC, thank you guys by the way) and decide our future then. At this point there is nothing to lose!!!
 
My lawyer clearly knew what DS230 is. That's why I think if you are not current, the case number will not released by DOS. So there won't be any record. So she asked me to check "no" in my I 485 form
 
My lawyer clearly knew what DS230 is. That's why I think if you are not current, the case number will not released by DOS. So there won't be any record. So she asked me to check "no" in my I 485 form

So by that logic someone who has submitted an application for a family based IV but is waiting for the current date hasn't submitted an IV application at all? Err - ok.:rolleyes:
 
Last month I received the VB email and then, approx. 3 hrs later, another email with the VB attached and subj: AMENDED July 2014 VB. So I am pretty sure that the fact they sent the Aug VB by email means little in case they want to amend the VB, they can still send another email. I believe it is wise, considering the amount of time and energy we invested in this project so far, to keep calm and wait a few more days (or even until mid of Aug according to some who called KCC, thank you guys by the way) and decide our future then. At this point there is nothing to lose!!!

Hi, even until mid of August , did KCC tell this ? Will there be another VB for DV2014 in August ?
 
I just spoke to a lady at KCC and she said they believe these are the final numbers but to check back Aug 15th to see if things have changed?? So disappointed!
 
Hi, even until mid of August , did KCC tell this ? Will there be another VB for DV2014 in August ?

The VB that will be published in August is the "September" VB and confirms September numbers (current month) and October numbers (referred to as the next month). So - the VB just published is basically the last VB that affects DV2014 with a small caveat that they might be able to update things in the next VB (but that is purely speculation). If we are going to see a change, the next few days or couple of weeks are the best chance.
 
I just spoke to a lady at KCC and she said they believe these are the final numbers but to check back Aug 15th to see if things have changed?? So disappointed!
i really can't believe this is the end, i thought the numbers for august are fixed, but september are'nt ....
 
If the number is not current, even submitting the form does not show immigrant intent. I applied EB2 and filed I485 where it asked "have you ever have immigration petition?" My layer said "no" even after I filed DS230 with case number As19xxx, cause it was not current and had no Record in USCIS (I guess). Though I will never be current with that number.

So I want to point out, submitting the formaldehyde not being able to make it won't hurt the none immigrant visa in future.

This is not correct. By submitting the DS122/230 or DS260 you are expressly showing immigrant intent. Go back and read the name of the form. On your same argument, anyone with an immigration petition in process where the priority date is not yet current could be deemed to not have a petition filed, or anyone whose case has been denied could be similarly argued... these are absolutely not true. As britsimon says, you are very lucky your case was not found out. I would not recommend anyone else answering no, because very simply if USCIS do match up the record - especially easier now with DS260 - then you are caught giving false information on a visa application and face a potential lifetime ban. And shame on your lawyer for charging you money to submit false information on your behalf.
 
The VB that will be published in August is the "September" VB and confirms September numbers (current month) and October numbers (referred to as the next month). So - the VB just published is basically the last VB that affects DV2014 with a small caveat that they might be able to update things in the next VB (but that is purely speculation). If we are going to see a change, the next few days or couple of weeks are the best chance.
Yes, I believe if we are to see a change for any of the three regions, it presumably would need to occur over the coming weeks, i.e. by July 15th. Truly believe VB September (to be published beginning of August) would come too late.
 
Last edited:
The visa waiver program (ESTA) is much less of a problem. Getting the ESTA is straightforward - DV selectees who have sent their forms in have been approved. As you enter on ESTA, the questions are normally very limited, so the question about do you intend to immigrate doesn't come up - and no problem.

THe lawyer was wrong because he incorrectly assumed DV forms submission is not a immigrant visa petition. I'm sure that is because knows nothing about DV process. One could argue that because the 230 is not signed until the interview the petition has not really taken place BUT that is a risky strategy IMHO, and very doubtful the lawyer even knew that - hence the advice given here sometimes to be careful when submitting the DV forms. However, forms submitted or not, a person may or may not get a temporary visa - as the man said - it is not a simple question.

Interestingly a denial of a DV for VWP nationals is expressly told that they have to list it as a visa denial under ESTA though - as we saw in the other thread.

Let me just add this: I had a family petition in process for a few years before I won DV. During that time, I (successfully) applied for a renewal of B1/B2 visa. Even though I had not reached the stage of filing a DS230 yet as I was far from current, I listed the petition on my form and we had a little discussion about it. (The CO definitely was not of the view that it did not represent immigrant intent even though of course technically I had expressed NO immigrant intent whatsoever, as the petition was filed by a relative and I personally had not yet submitted anything...). It gets more interesting. Some time after that we planned a family holiday so I sent my kids forms in (under 16 do not need to appear in person). A few days later, I got a call from the consulate: could I come in for an interview on their behalf. Somewhat confused, as I knew I had submitted everything I needed to for them, I presented myself the next day. Oh, the CO said, yes all that is fine. But we see you as their parent had a petition filed so we need to double check all is in order. Now obviously there is no way those children expressed immigrant intent...and yet.

If there is one piece of advice I would strongly give to anyone who actually cares about being in the US legally, it is this: never, ever lie to CBP/DHS/USCIS, whether on a form or in person, at the consulate or POE. Just. Don't. Do. It.
 
Top