yes!!!
Chargeability please need help asap
- Thread starter vanrod
- Start date
yes!!!
My Dear, It may be hard not to go ahead with your dreams BUT I consider you very lucky to have bothered to ask. Chargeability is a disqualifying factor, so I will advice you straight away NOT to go ahead as the cost of loosing after the interview weighs more than the loss. I just got disqualified after what seems a good interview on grounds of chargeability. My cost is unbelievable and seems to increase by the day.
Cheers
Cheers
NuvF
Member
Studio, I was thinking you never bothered to chk the facts before your intvw, but you HAD in a thread you started in Jan, and to my surprise I seems to have given you a clear warning, whereas most others wandered off from your main Q and answered your 'sponsorship' worries!!
http://forums.immigration.com/showt...-citizenship&p=2149699&highlight=#post2149699
What made you go ahead WITHOUT confirming the facts? a mere call to KCC?
PS: I wished you were persistent in finding an answer at the forum before deciding to go ahead. I am kinda feeling vindicated now that i have warned you correctly for no avail!
Vanrod, pl take note!
Aanyways, I must thank you for sharing your 'negative' experience here so that others may not repeat the same mistake.
Good Luck to you and Family !
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switsalone
Registered Users (C)
So sorry to hear about your experience Studio, I can't imagine what it must feel like to not get the DV after all the effort and expenses. Good luck with everything else.
Vanrod, I have just gone through this myself (VERY HARROWING!) and I'm sorry your journey ends here. I don't know either one of you, but I feel really gutted that your dreams were within grasp, only to not be realised.
Vanrod, you unfortunately claimed chargeability through your husband, and you state that he was BORN in an ineligible country, so you cannot move forward in that way.
If either of your parents was BORN in an eligible country, I would perhaps talk to a good immigration lawyer and see if you can claim chargeability through them at your interview. Although I suspect that this might be difficult as this wasn't the original claim made I do think it's worth exploring each and every option before you call it quits.
My case: I'm a UK citizen, and was claiming chargeability through my mother's country of birth, Sierra Leone. On the day of my interview, the American CO took one look at my documents and basically told me not to bother paying the visa fees as I wasn't eligible; he claimed that the rules stated that unless my mother had been on official government business, I could not apply. Can you imagine the thoughts that went through my mind, after planning and waiting for almost a year for this opportunity? I was so distressed!
God was with me though and I suddenly remembered that I had for some unknown reason come to the interview with a copy of the DV instructions. I showed these to him and pointed out that the rules clearly state that if my mother had been studying, which she had, I could go ahead with the process. He argued, I argued politely back, he went off to check with a supervisor and lo and behold, I could go on with processing my case!
Even then, he did not give me the visa, but instead put me on administrative processing, asking that I come back with more evidence!!!! It was a stressful wait, but a month later I was called to go pick up my passports and IVs.
So I guess the point I'm trying to make (rather long-windedly
) is that you should explore all options before folding in the towel. Some people would've have taken the Officer's words as the end and walked away, and I will forever be so grateful to God for giving me the strength to stand my ground.
All the best to you both.
Vanrod, I have just gone through this myself (VERY HARROWING!) and I'm sorry your journey ends here. I don't know either one of you, but I feel really gutted that your dreams were within grasp, only to not be realised.
Vanrod, you unfortunately claimed chargeability through your husband, and you state that he was BORN in an ineligible country, so you cannot move forward in that way.
If either of your parents was BORN in an eligible country, I would perhaps talk to a good immigration lawyer and see if you can claim chargeability through them at your interview. Although I suspect that this might be difficult as this wasn't the original claim made I do think it's worth exploring each and every option before you call it quits.
My case: I'm a UK citizen, and was claiming chargeability through my mother's country of birth, Sierra Leone. On the day of my interview, the American CO took one look at my documents and basically told me not to bother paying the visa fees as I wasn't eligible; he claimed that the rules stated that unless my mother had been on official government business, I could not apply. Can you imagine the thoughts that went through my mind, after planning and waiting for almost a year for this opportunity? I was so distressed!
God was with me though and I suddenly remembered that I had for some unknown reason come to the interview with a copy of the DV instructions. I showed these to him and pointed out that the rules clearly state that if my mother had been studying, which she had, I could go ahead with the process. He argued, I argued politely back, he went off to check with a supervisor and lo and behold, I could go on with processing my case!
Even then, he did not give me the visa, but instead put me on administrative processing, asking that I come back with more evidence!!!! It was a stressful wait, but a month later I was called to go pick up my passports and IVs.
So I guess the point I'm trying to make (rather long-windedly
) is that you should explore all options before folding in the towel. Some people would've have taken the Officer's words as the end and walked away, and I will forever be so grateful to God for giving me the strength to stand my ground.All the best to you both.
I'm happy to hear things worked out for you switsalone! I have been reading the DV instructions for my year and plan to take them along with me too! I don't anticipate any problems but it is good to have the rules with you Can you imagine if you had not read the rules thoroughly?! It is also good that he told you not to pay before trying to process your case. They should have done that for the other fellow and his family
Can you imagine if you had not read the rules thoroughly?! It is also good that he told you not to pay before trying to process your case. They should have done that for the other fellow and his family So sorry to hear about your experience Studio, I can't imagine what it must feel like to not get the DV after all the effort and expenses. Good luck with everything else.
Vanrod, I have just gone through this myself (VERY HARROWING!) and I'm sorry your journey ends here. I don't know either one of you, but I feel really gutted that your dreams were within grasp, only to not be realised.
Vanrod, you unfortunately claimed chargeability through your husband, and you state that he was BORN in an ineligible country, so you cannot move forward in that way.
If either of your parents was BORN in an eligible country, I would perhaps talk to a good immigration lawyer and see if you can claim chargeability through them at your interview. Although I suspect that this might be difficult as this wasn't the original claim made I do think it's worth exploring each and every option before you call it quits.
My case: I'm a UK citizen, and was claiming chargeability through my mother's country of birth, Sierra Leone. On the day of my interview, the American CO took one look at my documents and basically told me not to bother paying the visa fees as I wasn't eligible; he claimed that the rules stated that unless my mother had been on official government business, I could not apply. Can you imagine the thoughts that went through my mind, after planning and waiting for almost a year for this opportunity? I was so distressed!
God was with me though and I suddenly remembered that I had for some unknown reason come to the interview with a copy of the DV instructions. I showed these to him and pointed out that the rules clearly state that if my mother had been studying, which she had, I could go ahead with the process. He argued, I argued politely back, he went off to check with a supervisor and lo and behold, I could go on with processing my case!
Even then, he did not give me the visa, but instead put me on administrative processing, asking that I come back with more evidence!!!! It was a stressful wait, but a month later I was called to go pick up my passports and IVs.
So I guess the point I'm trying to make (rather long-windedly
All the best to you both.
NuvF
Member
Good for you Switsalone and congrats!!
Good that you were 'educated' about it and were able to argue your case....successfully.
The 2 instances where this is discussed in the 'DoS-DV official instructions' (both Dv10 & 11) are bit 'ambiguous'
If the CO/IO interpret ONLY the Page 2 definition, one can be denied easily.
But a 'resident' is better defined in page 6, under FAQ#1.
Also note that....in page 2 in the sentence .....but neither of your parents was born there OR resided there
an OR is found but this OR's benefit is lost if you read the page6 definition. (This is important if the parents are of 2 different nationalities, say English and Spanish)
According to Page 6 definition, a parent can be interpreted as a 'resident' if he/she is born in a country, even though he/she is at that country temporarily at the time of child's birth)
take the eg. of an English mom married to Spanish dad and living in Spain, but mom go to England 'temporarily' to give birth, and for DV, this kid claim Spain. Here according to Page#2 he is eligible due to that OR , but per page#6 it become complicated!!...'cos since mom was born in England she is a 'resident' ??
PAGE#2
....if you were born in a country whose natives are ineligible, but neither of your parents was born there OR resided there at the time of your birth,
PAGE#6
.......... you can be “charged” to the country of birth of either of your parents as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed temporarily in the country for business or professional reasons on behalf of a company or government from a country other than the country in which the applicant was born.
Good that you were 'educated' about it and were able to argue your case....successfully.
The 2 instances where this is discussed in the 'DoS-DV official instructions' (both Dv10 & 11) are bit 'ambiguous'
If the CO/IO interpret ONLY the Page 2 definition, one can be denied easily.
But a 'resident' is better defined in page 6, under FAQ#1.
Also note that....in page 2 in the sentence .....but neither of your parents was born there OR resided there
an OR is found but this OR's benefit is lost if you read the page6 definition. (This is important if the parents are of 2 different nationalities, say English and Spanish)
According to Page 6 definition, a parent can be interpreted as a 'resident' if he/she is born in a country, even though he/she is at that country temporarily at the time of child's birth)
take the eg. of an English mom married to Spanish dad and living in Spain, but mom go to England 'temporarily' to give birth, and for DV, this kid claim Spain. Here according to Page#2 he is eligible due to that OR , but per page#6 it become complicated!!...'cos since mom was born in England she is a 'resident' ??
PAGE#2
....if you were born in a country whose natives are ineligible, but neither of your parents was born there OR resided there at the time of your birth,
PAGE#6
.......... you can be “charged” to the country of birth of either of your parents as long as neither parent was a resident of the ineligible country at the time of the your birth. In general, people are not considered residents of a country in which they were not born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed temporarily in the country for business or professional reasons on behalf of a company or government from a country other than the country in which the applicant was born.
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