Chargeability error ... One for the experts !

[Triumph60]

I have been selected under the DV2014 lottery and given an EU case number. However an error of chargeability was made on the initial E-DV entry. I was born in Ireland , my wife was born in Ireland . I mistakenly selected Northen Ireland as our country of chargeability (our Nationality). After extensive searching I am not yet certain as to the exact meaning of the guidance notes given by Dept Of State.....

9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability (CT:VISA-1478; 08-26-2010)
If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application.

Question... Does the first sentence above rule out "any point in progressing with the application" as the mistake was made at the time of the INITIAL E DV ENTRY. The second sentence seems to refer to a mistake only made at the time of the visa REGISTRATION. and hence would only apply if the INITIAL E DV ENTRY is CORRECT!!
Please ....some Advice from the experts... Thanks.

 

[NuvF]

You SHOULD BE Ok, relax!

The 'rule' is there to deal with ONLY the country given at eDV.

Sometimes winners like you realize that you made a mistake due to the confusion of land of nationality Vs nativity.
Nativity is what matters for DV.
If the 2 countries belongs to two different regions (i.e. 2 different statistical 'pots'), you are out! (generally, but sometimes still it can be healed good if you happened to have the advantage via spouse's or parents' route)

Rule simply says, IF & ONLY IF both countries are in the same region the winner DID NOT gain an advantage by circumventing different statistical probabilities of being a winner, hence the error can be forgiven at DV issue (registration) stage by charging the win to the correct country.

Best!

 

[Triumph60]

Thanks NuvF for your explanation,... I feel better already. Anyone else like to support this view or comment further?

My other concern is that I hold a B2 visa and have had no issues with using it for numerous visits over the years. IF I were to now make an APPLICATION under the DV2014 would I be in breach of my B2 visa ?

If I subsequently failed to obtain a DV 2014 visa for any reason , even lack of availability of a visa numbers, or other technicality, could this then result in a potential refusal to renew my B2 at a later time?

 

[SusieQQQ]

Thanks NuvF for your explanation,... I feel better already. Anyone else like to support this view or comment further?

My other concern is that I hold a B2 visa and have had no issues with using it for numerous visits over the years. IF I were to now make an APPLICATION under the DV2014 would I be in breach of my B2 visa ?

If I subsequently failed to obtain a DV 2014 visa for any reason , even lack of availability of a visa numbers, or other technicality, could this then result in a potential refusal to renew my B2 at a later time?

No, you wouldn't be in breach. I've travelled to the US on a B1/B2 with both a family based and then DV petition in progress. As long as you don't lie to anyone it's fine.

As for further down the line, yes there is the potential for added questions if at any stage you have indicated immigrant intent. However, I have successfully got renewals after such - the key is to be able to demonstrate that this time round you have sufficient ties to take you back home, or otherwise successfully show that you won't stay illegally. They'll question you more closely of course. But whatever you do, don't lie on any visa application forms - they can ban you from entry for up to 10 years if you do.

 

[c1984]

Thanks NuvF for your explanation,... I feel better already. Anyone else like to support this view or comment further?

You're gonna be fine, since the two countries are in the same region. Use the correct country (of birth) going forward.

My other concern is that I hold a B2 visa and have had no issues with using it for numerous visits over the years. IF I were to now make an APPLICATION under the DV2014 would I be in breach of my B2 visa ?

No breach. They will take away your B2 at the interview when your GC is approved.

If I subsequently failed to obtain a DV 2014 visa for any reason , even lack of availability of a visa numbers, or other technicality, could this then result in a potential refusal to renew my B2 at a later time?

Yes. However, that shouldn't be a concern to give up this opportunity of a lifetime, if you are serious enough about immigrating to the US.

 

[Triumph60]

Thanks to all who have contributed so far.

Just to be absolutely clear on this .. when I now fill out form DSP -122

Question 5 asks: The country you listed as your native Country on your Diversity Visa Program Application.

The accurate and truthful answer I must give to Q5 will still be what I listed on eDV "Northern Ireland"
(even though I now know that was an error and should have been "Ireland" my birth place)

At what stage will I need to EXPLAIN the error....?

 

[SusieQQQ]

Thanks to all who have contributed so far.

Just to be absolutely clear on this .. when I now fill out form DSP -122

Question 5 asks: The country you listed as your native Country on your Diversity Visa Program Application.

The accurate and truthful answer I must give to Q5 will still be what I listed on eDV "Northern Ireland"
(even though I now know that was an error and should have been "Ireland" my birth place)

At what stage will I need to EXPLAIN the error....?

Call KCC and ask them. At the very least submit an additional page (they have instructions on how to do this) explaining.

 

[irishregers]

Reverse of this Problem

Having read this, I have just realised my mistake also. We have also been selected for DV2014 but we are from the North of Ireland and I registered our initial application through N.Ireland.....i think

I have sent the DP-122 away recently and have put down in section 5: Ireland

Does anyone know if this would be a problem?

thanks

Conor

I have been selected under the DV2014 lottery and given an EU case number. However an error of chargeability was made on the initial E-DV entry. I was born in Ireland , my wife was born in Ireland . I mistakenly selected Northen Ireland as our country of chargeability (our Nationality). After extensive searching I am not yet certain as to the exact meaning of the guidance notes given by Dept Of State.....

9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability (CT:VISA-1478; 08-26-2010)
If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application.

Question... Does the first sentence above rule out "any point in progressing with the application" as the mistake was made at the time of the INITIAL E DV ENTRY. The second sentence seems to refer to a mistake only made at the time of the visa REGISTRATION. and hence would only apply if the INITIAL E DV ENTRY is CORRECT!!
Please ....some Advice from the experts... Thanks.

 

[Triumph60]

Having read this, I have just realised my mistake also. We have also been selected for DV2014 but we are from the North of Ireland and I registered our initial application through N.Ireland.....i think

I have sent the DP-122 away recently and have put down in section 5: Ireland

Does anyone know if this would be a problem?

thanks

Conor

Conor...welcome to the Forum !

My initial reading of 9 FAM 42.33 n4.3 was exactly your situation and you should be fine.

Others here have reassured me that it can also apply to (my) reverse case... an error at eDV (as explained)

I have not yet filled in the DP 122 form so my answer to Q5 on DSP 122 is still under consideration.

My CN number is 2014EU00033XXX so no rush with the forms.

 

[irishregers]

HI, just a quick update. I emailed the Consulate who informed me that my error will not affect my application.
Common sense prevails.........