A friend was denied US DV immigration visa after interview, can he appeal?

[emamabd]

Hi all

A friend of mine was selected in the DV 2014 lottery, and recently attended the interview - but was denied immigration visa, according to him - the translator "misleaded" the visa officer , which he believes was the cause of the rejection.

The complication came from the fact that my friend is "divorced", but he only did the divorce paperwork a few weeks before the interview (while he was divorced more than 2 years ago), although the paperwork stated the correct date of the divorce - but since it was recently issued - the visa officer became suspicious. He asked the translator to call any of the applicant's family members - the translator made the call on spot (after asking my friend for the number), and - according to my friend - the translator lied to the visa officer about the outcome of the conversation (he told the VO that my friend's mother informed him that he isn't divorced) - which lead to immediate refusal (as VO perceived it as misrepresentation - they assumed he isn't divorced and should have listed his wife as an accompanying member in the original DV application).

Its worth to mention that the translator was also aggressively asking my friend's mum "Misleading questions" like: "your son is here with us at the embassy - can i speak to his wife?,While she replied - my son is divorced- the visa officer said: "your son informed us that he isn't divorced, please confirm" - he repeated that 3 times, until my friends mum told him the 3rd time when he asked "listen, my son is telling the truth and whatever he tells you is right" - that last statement was used by the translator as evidence supporting his "misleading question".

My question to you guys, is: does he have a right to appeal - based on "misleading translation"? Or there is no such procedure available for DV applicants?

Thanks to all

 

[vladek15425]

As far as I know, if they don't give a chance to reprove ur case after the interview, like putting the applicant under AP for further investigation...than its a refusal . I'm sorry

 

[Sm1smom]

I'm sorry I don't believe your friends account of what supposedly happen at the time of his interview. The translator that was used, was he an embassy translator or a translator your friend took along? Embassy translators have nothing to gain by misleading the people they're translating for or the CO they're interpreting to, they are aware their job is at risk if they do something like that.

There's a big difference between being separated and being divorced. In order for a person to be considered divorced, the marriage would have had to be legally terminated which will result in having paper works confirming when the marriage got terminated. For the DV lottery purpose, your friend is considered separated from his wife and he should have included her in his eDV application. The divorce is not considered finalized until the paper work is completed.

The so called "misleading questions" are not quite misleading IMO. They are part of the investigative tactics used in separating the wheat from the chaff, it's not unusual for people to be asked inverted questions.

I'm sorry for your friend but at this stage, the game is basically over.

 

[emamabd]

As far as I know, if they don't give a chance to reprove ur case after the interview, like putting the applicant under AP for further investigation...than its a refusal . I'm sorry

Thanks vladek, its ok, i just wanted to know if he has any options - its a pity that its a no-no

 

[emamabd]

I'm sorry I don't believe your friends account of what supposedly happen at the time of his interview. The translator that was used, was he an embassy translator or a translator your friend took along? Embassy translators have nothing to gain by misleading the people they're translating for or the CO they're interpreting to, they are aware their job is at risk if they do something like that.

There's a big difference between being separated and being divorced. In order for a person to be considered divorced, the marriage would have had to be legally terminated which will result in having paper works confirming when the marriage got terminated. For the DV lottery purpose, your friend is considered separated from his wife and he should have included her in his eDV application. The divorce is not considered finalized until the paper work is completed.

The so called "misleading questions" are not quite misleading IMO. They are part of the investigative tactics used in separating the wheat from the chaff, it's not unusual for people to be asked inverted questions.

I'm sorry for your friend but at this stage, the game is basically over.

Thanks Sm1smom, it clear now that his mistake was that - since the paperwork was not completed at the time he applied for DV, he should have included her in the application.

With regards to the misleading translator - it was the embassy's own translator - its worth to mention that the visa office is in another country (which is responsible for a few neighboring countries) - and the natives of that country - do hate my friends nationality (politics and stuff), so thats why i believe it could happen that the translator wanted to secure him a rejection.

 

[vladek15425]

Thanks Sm1smom, it clear now that his mistake was that - since the paperwork was not completed at the time he applied for DV, he should have included her in the application.

With regards to the misleading translator - it was the embassy's own translator - its worth to mention that the visa office is in another country (which is responsible for a few neighboring countries) - and the natives of that country - do hate my friends nationality (politics and stuff), so thats why i believe it could happen that the translator wanted to secure him a rejection.

I agree with some1mom because the us ambassie employ proffesionals, in this case I still don't belive
There were political underground considerations. Ur friend got refused because of uncompleted information .

 

[Britsimon]

Firstly, if he was interviewed outside of the USA no there is no right of appeal.

Secondly, reading between the lines, it sounds like he applied as divorced, probably filled out the 122/230 as divorced but actually from what you said he was not divorced until shortly before the interview. So the CO made the right call because your friend misrepresented his position - and as we have discussed in this forum that is not something that can be misunderstood.

 

[SusieQQQ]

Thanks Sm1smom, it clear now that his mistake was that - since the paperwork was not completed at the time he applied for DV, he should have included her in the application.

With regards to the misleading translator - it was the embassy's own translator - its worth to mention that the visa office is in another country (which is responsible for a few neighboring countries) - and the natives of that country - do hate my friends nationality (politics and stuff), so thats why i believe it could happen that the translator wanted to secure him a rejection.

If that were the case then presumably the embassy would have figured out by now that every case involving this translator and that nationality ended in rejection and dismissed him. It's much more likely, as others have said, that the problem was incorrect documentation than that the translator employed by the embassy has a vendetta against a certain nationality.

 

[rogers.com]

rogers.com

Am sorry bro, once the DV case is closed its not reversible this normally occurs when they detect inconsistency during edv forms and forms dsp 122 and ds 230 during interviews mostly in marriage status eg divorce, inclusion of members who were not in the intial application like spouses or children , dates of birth and
names, all what they need is consistency
2014AF00038XXX