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Different reasons for the refusal of DV visa???

Umm thanks for your response! :) not something I wanted to hear...:(
My wife was born in China, came to NZ when she was 6 and she is 28 now.. I guess that doesnt help us.
So It really depends on the interview officer on the day.....and by the sound of it, our chances of being successful are pretty slim..

How does it work with if you get job over in USA? i work for AT&T here in AU so I am also trying to talk them about me working for them in USA. Can you get Permanent Residency when you working there? I guess I dont want to go there (should this greencard fail in 3 weeks) and always have insecurity and dependency on having a job. Is it easier if working and living in USA? Maybe get immigration officer to help us...
just a few thoughts I have before I give up on this idea of going over to US :)

Cheers
David
 
For the DV visa I'm afraid you're gonna be disqualified. Once the consulate officer sees your CZ instead of NZ birth certificate, I don't think he has any option other than to turn down your application.

If you've been working for AT&T in AU and the company agrees to transfer you to a position in USA, you would qualify for an L visa. The company has to petition you for it, it's not something you're allowed to do on your own initiative.
 
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david(1982 said:
Umm thanks for your response! :) not something I wanted to hear...:(
My wife was born in China, came to NZ when she was 6 and she is 28 now.. I guess that doesnt help us.
So It really depends on the interview officer on the day.....and by the sound of it, our chances of being successful are pretty slim..

How does it work with if you get job over in USA? i work for AT&T here in AU so I am also trying to talk them about me working for them in USA. Can you get Permanent Residency when you working there? I guess I dont want to go there (should this greencard fail in 3 weeks) and always have insecurity and dependency on having a job. Is it easier if working and living in USA? Maybe get immigration officer to help us...
just a few thoughts I have before I give up on this idea of going over to US :)

Cheers
David
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Looks like you are on the opinion that you can go there and 'talk over' with them on this and get a positive response...Good Luck with that.
Simply put, you won 'cos your probability of winning was incorrectly (or inadvertently) 'manipulated' by considering you as an OC, than the correct EU !! That is the error which will come to bite you.

I think they were nice enough to show you the error well in advance, before you pay fees and show up for the intvw.
Remember, they WILL NOT give you an OFFICIAL RESPONSE unless you pay fees and attend intvw. Decision is yours to make, to go or not! ( I suggest that if you still wanna go, just pay for yourself first. Say that you will pay for family later if you are successful)

As for other routes for GC, it seems that for you to get to US, L1 visa may be the easiest route provided the company would handle it. Once in US, work on your GC with a lawyer. If you are well qualified its an easy route. Search the web for that, there's plenty of info.

Best!
 
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gabam said:
Hi friends,
I hope everyone is fit and fine. There are some unversially accepted reasons for the refusal of visa, like

1) Health issues
2) Crime, terrorism etc
3) Fake documents
4) Probability of becoming public charge
5) Not meeting the education or work requirements.

Apart from the above reasons, could there be some other very unfortunate, and uncommon circumstances under which one could be denied the DV visa? I am sure any sane person wouldn't dare to appear for the interview who has got the above 5 qualities in himself/herself. Because his visa denial would be inevitable if the above cases. I am just asking for any unheard and very rare reasons for visa denial, which a normal applicant has no idea about. Your thoughts? Also, does anyone know of a person who was denied DV visa, and what was really the reason behind the denial? Please share with us if you know such a case.

Thanks
Best of luck!
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hey bro...take ur pick

212(a)(1)(A)(i) Communicable Disease
212(a)(1)(A)(ii) Immigrant lacking required vaccinations
212(a)(1)(A)(iii) Physical or mental disorder
212(a)(1)(A)(iv) Drug Abuser or Addict
212(a)(2)(A)(i)(I) Crime Involving Moral Turpitude
212(a)(2)(A)(i)(II) Controlled Substance Violators
212(a)(2)(B) Multiple Criminal Convictions
212(a)(2)(C)(i) Illicit Trafficker in Any Controlled Substance
212(a)(2)(C)(ii) Spouse, Son, or Daughter Who Benefited from Illicit Activities of Trafficker
212(a)(2)(D)(i) Prostitution (within 10 years)
212(a)(2)(D)(ii) Procuring (within 10 years)
212(a)(2)(D)(iii) Unlawful Commercialized Vice
212(a)(2)(E) Asserted immunity to avoid prosecution
212(a)(2)(G) Foreign government officials who have engaged in violations of religious freedom
212(a)(2)(H) Significant traffickers in persons
212(a)(2)(I) Money Laundering
212(a)(3)(A)(i) Espionage,sabotage, technology transfer, etc
212(a)(3)(A)(ii) Other Unlawful Activity
212(a)(3)(A)(iii) Act to Overthrow U.S. Government
212(a)(3)(B) Terrorist Activities
212(a)(3)(C) Foreign Policy
212(a)(3)(D) Immigrant Membership in Totalitarian Party
212(a)(3)(E)(i) Participants in Nazi Persecutions
212(a)(3)(E)(ii) Participants in Genocide
212(a)(3)(E)(iii) Commission of Acts of Torture or Extrajudicial Killings
212(a)(3)(F) Association with Terrorist Organizations
212(a)(3)(G) Recruitment of Use of Child Soldiers
212(a)(4) Public Charge
212(a)(5)(A) Labor Certification (immigrants only)
212(a)(5)(B) Unqualified Physician (immigrants only)
212(a)(5)(C) Uncertified foreign health-care workers
212(a)(6)(B) Failure to attend removal proceedings
212(a)(6)(C)(i) Misrepresentation
212(a)(6)(C)(ii) Falsely claiming citizenship
212(a)(6)(E) Smugglers
212(a)(6)(F) Subject of civil penalty (under INA 274C)
212(a)(6)(G) Student visa abusers
212(a)(7)(B) Documentation requirement for nonimmigrants
212(a)(8)(A) Immigrant permanently ineligible for citizenship
212(a)(8)(B) Draft evader
212(a)(9)(A)(i) Ordered removed upon arrival

http://www.travel.state.gov/pdf/FY10AnnualReport-TableXX.pdf
 
I guess you can add our friend's situation to the list: Incorrect country of chargeability.
There's also another person on this forum who was denied because she made a mistake and omitted one of her children. I guess we can sum these up as Incorrectly filling out DV application.
 
david(1982 said:
Hi there
Quick question - our interview is less than 3 weeks and about a month ago, consulate in Sydney here emails me saying that i apparently made mistake on my initial application and instead of country I was born at (czech republic) I put New Zealand where I lived for past 15 years since I was 16 years old. So obviously, at the time application and as I consider NZ my home, I put NZ. It is kind of confusing but anyway.
Question is whether anyone else has done this mistake and what the result was? all our other docs are clean (Cops/medicals) all education/work, etc all good, its just this silly mistake. I am hoping the office will see this was genuieu mistake and allow us to go.
Cheers David
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Hi David,

As previously mentioned, you will almost certainly be denied unfortunately. I figured I should provide you with the direct source for what was previously said via the guidance material available online:

“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.”[1]

As you can see here, you gained an advantage by selecting New Zealand (OC Region) compared to the Czech Republic (EU Region). This is quite a high proportionate advantage as the OC Region has the best probability of selection I believe (although AF statistically has the most selectees). Had you picked neighbouring Slovakia, or Austria or any statistically similar country within the same geographic area, that proportionately gains roughly the same amount of selectees, you’d probably be OK (depending on the CO, though).

There are also consequences for being denied a Diversity Visa, as it's an Immigrant Visa. Thus I would be very careful before attending the interview. Denial would result in forfeiting your Visa Waiver Program opportunities[2]; it would also make it difficult to prove you do not have immigrant intent when applying for any B1/2 tourist visas.

Sources:

[1] http://www.state.gov/documents/organization/87838.pdf
[2] http://travel.state.gov/visa/temp/without/without_1990.html#denied
 
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what happens to someone at the interview day when his\her medical report shows a sexually transmitted disease (syphillis, etc). wil this lead to visa denial or will be allowed to have treatment before proceeding on traveling......?
 
taatus said:
what happens to someone at the interview day when his\her medical report shows a sexually transmitted disease (syphillis, etc). wil this lead to visa denial or will be allowed to have treatment before proceeding on traveling......?
Click to expand...

Yes it can lead to a denial, a serologic test for syphilis will be done because it is listed under 42 CFR 34.3(d), and if it's at an infectious stage, it would violate Section 361(b) of the Public Health Service Act to grant a visa. The physician does not make the determination as to whether a visa is granted, the only person who has that authority is the CO after reviewing all relevant material. I do not know if there is an opportunity to seek treatment, but I believe under Under INA §212(g)(1), a waiver of exclusion is available in some select cases, but will probably fall outside the scope of the Diversity Visa I imagine.

The act states the following:

Code: 
(g)The Attorney General may waive the application of-

     (1) subsection (a)(1)(A)(i) in the case of any alien who-

        (A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa,

        (B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe[...]

More information here:

http://www.cdc.gov/immigrantrefugee...tructions/panel-physicians/syphilis.html#stds

http://www.state.gov/documents/organization/86936.pdf

www.fwhonglaw.com/imm/admissibility/grounds_of_inadmissibility.pdf
 
slash_dot said:
Hi David,

As previously mentioned, you will almost certainly be denied unfortunately. I figured I should provide you with the direct source for what was previously said via the guidance material available online:

“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.”[1]

As you can see here, you gained an advantage by selecting New Zealand (OC Region) compared to the Czech Republic (EU Region). This is quite a high proportionate advantage as the OC Region has the best probability of selection I believe (although AF statistically has the most selectees). Had you picked neighbouring Slovakia, or Austria or any statistically similar country within the same geographic area, that proportionately gains roughly the same amount of selectees, you’d probably be OK (depending on the CO, though).

There are also consequences for being denied a Diversity Visa, as it's an Immigrant Visa. Thus I would be very careful before attending the interview. Denial would result in forfeiting your Visa Waiver Program opportunities[2]; it would also make it difficult to prove you do not have immigrant intent when applying for any B1/2 tourist visas.

Sources:

[1] http://www.state.gov/documents/organization/87838.pdf
[2] http://travel.state.gov/visa/temp/without/without_1990.html#denied
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Hi all,
I've panic when I read this. Let me explain my case.
My wife is the one that got selected. She is Belgium and born there.
I am Argentinian (was born there) and my dad is Italian (therefore I got his nationality and now have both nationalities)
I filled out my papers and since we are both living is Europe I put Italian as nationality (also put there and where it says "other nationalities" I then put Argentina.
So I am not the main applicant and in my application form I didnt have to fill the "country of chargeability" thing (my wife did). My birth Certificate is from Argentina but I will present both passports at the interview.

Any change of a Visa denial?
 
Il_fedess said:
Hi all,
I've panic when I read this. Let me explain my case.
My wife is the one that got selected. She is Belgium and born there.
I am Argentinian (was born there) and my dad is Italian (therefore I got his nationality and now have both nationalities)
I filled out my papers and since we are both living is Europe I put Italian as nationality (also put there and where it says "other nationalities" I then put Argentina.
So I am not the main applicant and in my application form I didnt have to fill the "country of chargeability" thing (my wife did). My birth Certificate is from Argentina but I will present both passports at the interview.

Any change of a Visa denial?
Click to expand...

As long as your wife (the selectee) put 'Belgium' as her country of chargeability, it doesn't matter what your nationality / citizenship is.
 
Hey guys, I have different signature in passport and the DSP form that i sent to KCC. DO you think I will have problem because of different signature??? Does anyone have problem like me???
 
Hi All,
I’ll have a dv visa interview in one month but I am facing a big problem and I am hesitating whether to go to interview or not to. Please anyone who can give me suggestion helps me. Here is the case.
I have been married to a man who has two children from his previous marriage. But I never had a stepparent position. I never meet or get to know them in anyway. In one word they never accepted our marriage and they don’t talk to me at all.
When I applied for dv lottery 2013 I could not list my stepson who was under 21 years old on the time of application bcs I did not have a pictures of him. Even though I tried to list him just by putting his name but the system would not allow me to go on without uploading his picture. So I had no choice but not to list him and complete the entry application.
When I filled DS -230 ( I am the first applicant) I listed him in my husband application form but not on mine again, and noted that he is not a visa beneficiary.
Now, they scheduled a visa interview including my stepson even though he was clearly marked as not a visa beneficiary.
Also along the application I wrote a written letter explanation why I could not list my stepson on my entry application but unfortunately I failed to attach it to the form thinking I putted it in the envelop.
I phoned KCC immediately as soon as I got a confirmation letter that they received my forms and asked them if I can send the missing letter as additional material but they told me that now can’t be done anything bcs your case is being proceeded but you can show that letter at the interview.
To be honest after reading and hearing different experiences on visa refusal I am hesitating to go on with DV visa interview.
WHAT SHOULD I DO????? PLEASE ANY SUGGESTION

IF I CANCEL THE VISA INTERVIEW DO I FACE ANY CIRCUMSTANCES FOR VISA APPLIACTION IN THE FUTURE.

THANK YOU
FREDI
 
Hello to this house , I am from sierra leone and my wife won the dv but on the 13 June 2019 we where denial simple because the original entry she didn't mention been marriage , she was right we were dating by then we were scrutinize for over hours , the CO was very strict on us , asked us a lot of questions , our educational background , schools we attended how many brothers I have and which is the younger one which school he also attended , wife phone numbers my phone numbers and even the kind of phones we both using etc .finally we were denial the chance but truly she is my wife. my questions are we banned for life from entering the USA or can we appeal ? .I wait to get answers from you people thanks in advance.
 
Jabbielee said:
Hello to this house , I am from sierra leone and my wife won the dv but on the 13 June 2019 we where denial simple because the original entry she didn't mention been marriage , she was right we were dating by then we were scrutinize for over hours , the CO was very strict on us , asked us a lot of questions , our educational background , schools we attended how many brothers I have and which is the younger one which school he also attended , wife phone numbers my phone numbers and even the kind of phones we both using etc .finally we were denial the chance but truly she is my wife. my questions are we banned for life from entering the USA or can we appeal ? .I wait to get answers from you people thanks in advance.
Click to expand...


1. start your own topic/thread
2. for DV cases, there are well known practices where people marry AFTER knowing someone had won the DV lottery - and such marriages will invite scrutiny. - meaning, if they doubt the marriage is legitimate, they will deny the whole thing as it will be seen as an attempt to game the system.
3. no avenues to appeal for Diversity Visa lottery.
4. Depending on the circumstances, if you were found to have lied, misrepresented yourself / wife during the interview, that could mean a permanent ban .
 
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