DV-2009: Who got rejected in the interview !!

[Sm1smom]

His best approach is not to describe the choice of country as "an error" at all. But yeah - his biggest issue is avoiding disqualification.

Yup!

 

[hozifa555]

You mean if the OP has

It's fair to say though that there is some 'error' with the country of chargeability in this case too though. It's not like the OP intentionally cross charged to the parents' country of birth.

Anyway, like I already noted above, I'm keeping my fingers crossed for the OP and hoping he doesn't get disqualified.

Thanks for your participation in my issue, in my understanding any one can chose his parents chargeability if they not stationed there for long time, because the low do not state (only for ineligible) and clear that must be short visit to get benefit from this exception.

 

[hozifa555]

His best approach is not to describe the choice of country as "an error" at all. But yeah - his biggest issue is avoiding disqualification.

yes, exactly I well explain that clearly to the CO that I have the right to benefits from the short visit case to charge to my parents country of birth.

 

[hozifa555]

I am very glade to join a such forum, and I hope to find my way to the acceptance in the interview.
please if any one who have a similar situation.
a lot off applicants raised their issue same to my case but they never feed back about their result.

 

[Sm1smom]

Thanks for your participation in my issue, in my understanding any one can chose his parents chargeability if they not stationed there for long time, because the low do not state (only for ineligible) and clear that must be short visit to get benefit from this exception.

You had better be sure you know for a fact what the law says or doesn't say before you start using the argument of 'the law doesn't say'. The law and the instructions provided clearly says:

"A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent"

https://fam.state.gov/FAM/09FAM/09FAM050206.html

The cross chargeability clause was/is intended for applicants born in none qualifying countries. And by the way, the instructions for DV 2017 also says:

"If you claim alternate chargeability through ... you must provide an explanation on the E-DV Entry Form, in question #6"
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2017-Instructions-Translations/DV-2017 Instructions and FAQs.pdf

So I hope you did provide the necessary explanation as to why you were cross charging on your eDV form.

 

[hozifa555]

You had better be sure you know for a fact what the law says or doesn't say before you start using the argument of 'the law doesn't say'. The law and the instructions provided clearly says:

"A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent"

https://fam.state.gov/FAM/09FAM/09FAM050206.html

The cross chargeability clause was/is intended for applicants born in none qualifying countries. And by the way, the instructions for DV 2017 also says:

"If you claim alternate chargeability through ... you must provide an explanation on the E-DV Entry Form, in question #6"
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2017-Instructions-Translations/DV-2017 Instructions and FAQs.pdf

So I hope you did provide the necessary explanation as to why you were cross charging on your eDV form.

how to explanation that? because I am still not submit my DS 260

 

[EURO2014]

how to explanation that? because I am still not submit my DS 260

Exactly. You were born in a qualifying country, right? What explanation did you provide on your eDV entry?

 

[hozifa555]

Exactly. You were born in a qualifying country, right? What explanation did you provide on your eDV entry?

yes.

 

[Sm1smom]

how to explanation that? because I am still not submit my DS 260

I don't know. You were supposed to had added that explanation on the eDV registration form - that is the form you submitted back in 2015 when you selected Sudan as your chargeability country.

 

[Britsimon]

You had better be sure you know for a fact what the law says or doesn't say before you start using the argument of 'the law doesn't say'. The law and the instructions provided clearly says:

"A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent"

https://fam.state.gov/FAM/09FAM/09FAM050206.html

The cross chargeability clause was/is intended for applicants born in none qualifying countries. And by the way, the instructions for DV 2017 also says:

"If you claim alternate chargeability through ... you must provide an explanation on the E-DV Entry Form, in question #6"
https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2017-Instructions-Translations/DV-2017 Instructions and FAQs.pdf

So I hope you did provide the necessary explanation as to why you were cross charging on your eDV form.

how to explanation that? because I am still not submit my DS 260

I don't know. You were supposed to had added that explanation on the eDV registration form - that is the form you submitted back in 2015 when you selected Sudan as your chargeability country.

Question 6 contains options for the explanation.

First you choose the country where you were born (in question 5).

Question 5 has a selection for the following question "Are you claiming eligibility based on the country where you were born?" That is a Yes/No selection. If you say No, you choose the country from which you are claiming elgibility in another drop down list.

So - in this case, for an accurate entry, you should have selected Oman in Q5, and in Q6 selected "No" and "Sudan".

@hozifa555 - Did you do that?

 

[hozifa555]

Question 6 contains options for the explanation.

First you choose the country where you were born (in question 5).

Question 5 has a selection for the following question "Are you claiming eligibility based on the country where you were born?" That is a Yes/No selection. If you say No, you choose the country from which you are claiming elgibility in another drop down list.

So - in this case, for an accurate entry, you should have selected Oman in Q5, and in Q6 selected "No" and "Sudan".

@hozifa555 - Did you do that?

Exactly, that what I did when I submit my DV application on Oct 2015.