• 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.

2018 Winner - Miss to list a newborn in DV entry

I

ICLIN

New Member
Our daughter was just born 1-2 weeks ahead the deadline of submitting DV entry. We submitted the DV entry in the last date in Y2017. We had no way to obtain the picture of my daughter by that time since she was in the hospital for early born infant issue. Additionally, my daughter was not name until late December according to the local law.

The evidence can be provided for review if needed.

Are we disqualified because of missing to include my daughter in the first place? Or, can we write to KCC to explain our case based on our situation & confirm the next step? Will we still get the chance to interview? Should we find a lawyer for dealing with this case?

BTW, I've included my daughter in our DS260 & also created her own DS260 last week.

by Sad mom...
 
Sorry to be the bearer of bad news, you were supposed to include your kid even if the baby was a day old and regardless of your customs naming traditions. There is nothing KCC can do about it, you can not retroactively add a derivative to the eDV registration. KCC cannot provide further guidance on what you should do. It's all on you if you guys want to take a gamble on the off chance the CO might be sympathetic to your case, but I highly doubt that.
 
Agree with Mom here. But judt to pick up on the lawyer comment - don't hire a lawyer. The rule is strict. Paying a lawyer would be a waste of money.
 
Agreed.
Too late to help this family but for other families facing issues like names etc it'd be better to submit the entry before the baby is born. Then there won't be a problem adding it later if selected.
 
Thanks all.

I will take a gamble then to explain my case in interview if an interview is scheduled...
 
ICLIN said:
Thanks all.

I will take a gamble then to explain my case in interview if an interview is scheduled...
Click to expand...

Ok. So long as you realize your gamble includes the $330 per person visa interview fee plus the few hundred dollars per person medical exam.
 
ICLIN said:
Thanks all.

I will take a gamble then to explain my case in interview if an interview is scheduled...
Click to expand...

An interview will definitely be scheduled unless your CN doesn't become current of course. KCC will not disqualify or refuse to schedule you, they leave the disqualification process to the CO.

It's going to cost you a pretty decent amount of money, be sure it's money you wouldn't mind loosing in the long run though.
 
The Foreign Affairs Manual 9 FAM 502.6 instructs COs at foreign posts about this:

[...]
(iii) You must deny the applications of applicants who failed to list on their initial entries a spouse or all children who were required to be listed. This does not include a spouse or child who was acquired subsequent to submission of qualifying DV entry. The spouse of a principal alien, if acquired after the initial entry and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after entry or is the issue of a marriage which took place after entry and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.

(iv) If post believes a case merits issuance despite apparent failure to comply with this instruction, post can submit the case for an advisory opinion to the Advisory Opinions Division (CA/VO/L/A).
[...]


The last paragraph seems to give some hope.

https://fam.state.gov/fam/09FAM/09FAM050206.html
 
The online DV entry system requires a qualified photo (open eyes, white & neat background, etc.) to be uploaded for a valid application. If a premature baby was put in an incubator and quarantined for weeks then, how were the parents able to take a qualified photo of the baby before the deadline? It is not a fraud or negligence, but a system issue that resists you from adding your new born baby without a photo. If you were the parents, what could you do? There should have some tolerance for this situation.
 
DV4ROGER said:
The Foreign Affairs Manual 9 FAM 502.6 instructs COs at foreign posts about this:

[...]
(iii) You must deny the applications of applicants who failed to list on their initial entries a spouse or all children who were required to be listed. This does not include a spouse or child who was acquired subsequent to submission of qualifying DV entry. The spouse of a principal alien, if acquired after the initial entry and prior to the principal alien’s admission, or the child of a principal alien, if the child was born after entry or is the issue of a marriage which took place after entry and prior to the principal alien’s admission to the United States, although not named on an application, is entitled to derivative DV status.

(iv) If post believes a case merits issuance despite apparent failure to comply with this instruction, post can submit the case for an advisory opinion to the Advisory Opinions Division (CA/VO/L/A).
[...]


The last paragraph seems to give some hope.
Click to expand...

Thanks Roger. That's exactly what I hope to proceed my case although the hope is limited. However, I also know that local embassy has absolute discretion to decide whether or not to use or to follow advisory opinions....

I saw the people asked similar questions, but none of them shared the conclusion after interview..
 
Kinsley said:
The online DV entry system requires a qualified photo (open eyes, white & neat background, etc.) to be uploaded for a valid application. If a premature baby was put in an incubator and quarantined for weeks then, how were the parents able to take a qualified photo of the baby before the deadline? It is not a fraud or negligence, but a system issue that resists you from adding your new born baby without a photo. If you were the parents, what could you do? There should have some tolerance for this situation.
Click to expand...

The photo requirement is used to confirm identity and to prevent human trafficking, which is a big problem.

As we all come to know in life, if you can't meet the requirements / obligations of something, you may not be successful. It's not the system's fault the OP was unable to comply with stated requirements.
 
Harsh as it sounds, Emily is correct. The instructions were there before they filled in the form and yet they submitted despite knowing they could not meet them (and, presumably, without contacting KCC to see if they could make an exception or if there was some way around, although we probably know what the answer would have been...) So it might be particular circumstances but at the same time they knew at the time they were not meeting a critical requirement.

Of course, if they have time and around $2000 or so to spare (assuming only the three of them and no major traveling costs to the interview) they can plead their case at interview.

We have seen in the past people leaving children off because they couldn't get the photo - kid living in a different country and/or with estranged parent etc - I'm not aware of a single case of these being excepted from the rules.
 
You must log in or register to reply here.
Top