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DV 2015 KENYA SELECTEES FORUM

Simon said:
In Kenya-that's what people perceive it to be -
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All the more reason for the rest of you to use the right terminology and correct the wrong impression people have over there. Just because people there equate being given an IV to being green does not mean others should be encouraged to do so or the wrong usage should be ignored.
 
Sm1smom said:
No I don't have a direct link to that. However, I assume we're talking about a situation where the derivative has already been issued with the visa but did not enter the US with the principal applicant. Unless the derivative's visa has an annotation that says the derivative must be accompanied by the PA, my understanding is that the derivative should be able to enter the US under the circumstance described above. I haven't come across anything that says the PA must still be in the US by the time the derivatives arrives, which means it's possible for the derivative to come in and leave almost immediately following which they pass away. In such a situation, USCIS will certainly not be in the know how of what has happened to the PA. A similar situation also is that of a PA that does not wish to reside in the US but simply went through the process for the purpose of getting the GC for their derivatives - the PA activates their LPR status following which they depart for their home country and the derivative(s) come in shortly after that, it's not like they will be stopped at the POE, unless again their visas state they must be accompanied by the PA.

Anyway, the assumption that the death of petitioner or PA automatically voids a petition has been addressed by INA 204(l) - Rights of Surviving Relatives and Beneficiaries - signed into law in 2010. Admittedly one might want to make the argument that this only applies to family, employment, asylum, T and U NIV based AOS petitions, it contains a section that deals with other petitions based on humanitarian grounds. USCIS released a memo on Dec 2010 http://www.uscis.gov/sites/default/...2011/January/Death-of-Qualifying-Relative.pdf as an administrative piece on how INA 204(l) should be interpreted. The regulationstates that a person need not have been physically present in the US on the date the “qualifying relative” passed away to benefit from its provisions; only that the US was the person’s “principal or actual place of residence,” even if they were physically outside the US at the time of death. The following immigration law website has done a great job of summarizing the INA section in question and the USCIS memo:

http://asianjournal.com/immigration/uscis-issues-memo-on-surviving-relatives-law/

Also regarding the case of follow to join, if the petitioner dies before the principal beneficiary immigrates, the petition is automatically revoked however there are exceptions and the petition can be reinstated on humanitarian grounds. Also if the petitioner dies after the principal beneficiary arrives and there are other beneficiaries wishing to pursue the FTJ option, they will be allowed to do so also regardless of the death of the petitioner;

What happens if the petitioner dies before the principal beneficiary has immigrated to the United States?
If the petitioner dies before the principal beneficiary has immigrated to the United States, the petition is automatically revoked. This means that the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to USCIS for them to take final action. There are exceptions in the laws for spouses of U.S. citizens applying with for an IR-1 visa. Otherwise, An applicant may contact directly the USCIS office that approved the petition to request that it be reinstated for compelling humanitarian reasons. If USCIS reinstates the petition, the consular section will contact the applicant and provide instructions for further processing.

What happens if the petitioner dies after the principal beneficiary has immigrated to the United States?
Eligibility of derivative applicants seeking to follow to join a principal beneficiary who has already acquired lawful permanent resident (LPR) status is dependent on the continuing lawful permanent resident status of the principal, not on the status of the petitioner. Therefore, if the petitioner dies after the principal applicant has already become an LPR and one or more derivative applicants seek to follow to join the principal applicant, the derivatives retain eligibility to follow to join despite the death of the petitioner.

http://havana.usint.gov/iv-faq.html
​
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There isn't a lot though about non- petitioned stuff other than the asylum ones, where the derivative does lose the right to immigrate. The ones above that are detailed have the petitioner and the principal as different persons, obviously different to DV. And all the embassy sites are clear that if the potential derivative has not yet been issued a visa, they can not be issued one if the principal (not petitioner) has died, which seems to contradict the idea that they can still benefit. It's not something I'd like to be arguing with USCIS, and given the time constraints of DV I don't know that anyone would have success going the humanitarian grounds route, which surely takes a lot of time (and legal fees).
 
@Sm1smom @Britsimon @SusieQQQ

Hi ,

Just came across a case today, a boy was selected from Kenya.

It seems that he had applied initially through an agent, and the agent did show him the selection letter. The boy does not have a copy of the selection letter stating the CN no. Also, he doesn't know what email address did the agent use for the initial edv application. (so the option of accessing the selection letter under the forgotten edv confirmation number option is ruled out. )

Here's the catch to the story..the agent is asking for 100,000.00 Kshs in order for him to release the selection letter stating his CN.

I know its completely not right to go through an agent, we have heard of such cases in the past too. Most Kenyans unfortunately aren't abreast with the correct procedures of the edv application.

Is there any hope for this guy ? any idea on how he can access his CN ?

Oh yes, He's a single parent and also just finished schooling. so quite young. No idea if the kid was part of the edv entry, or was the kid born after that. Shall revert on this.

I also don't have any knowledge on whether the Ds260 was filled or not, I shall get the chance to speak to him tomorrow. I can advise more after that.

Kindly let me have your advices experts.
 
Ms. Dada said:
@Sm1smom @Britsimon @SusieQQQ

Hi ,

Just came across a case today, a boy was selected from Kenya.

It seems that he had applied initially through an agent, and the agent did show him the selection letter. The boy does not have a copy of the selection letter stating the CN no. Also, he doesn't know what email address did the agent use for the initial edv application. (so the option of accessing the selection letter under the forgotten edv confirmation number option is ruled out. )

Here's the catch to the story..the agent is asking for 100,000.00 Kshs in order for him to release the selection letter stating his CN.

I know its completely not right to go through an agent, we have heard of such cases in the past too. Most Kenyans unfortunately aren't abreast with the correct procedures of the edv application.

Is there any hope for this guy ? any idea on how he can access his CN ?

Oh yes, He's a single parent and also just finished schooling. so quite young. No idea if the kid was part of the edv entry, or was the kid born after that. Shall revert on this.

I also don't have any knowledge on whether the Ds260 was filled or not, I shall get the chance to speak to him tomorrow. I can advise more after that.

Kindly let me have your advices experts.
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Last case we heard about this type of thing, the person paid but the agent had entered the wrong details too. Which would mean disqualification.

My advice would be for this person to contact the US embassy in Nairobi. The embassies are very keen to stamp out these scams and your friend might get a sympathetic ear and some assistance there.
 
SusieQQQ said:
Last case we heard about this type of thing, the person paid but the agent had entered the wrong details too. Which would mean disqualification.

My advice would be for this person to contact the US embassy in Nairobi. The embassies are very keen to stamp out these scams and your friend might get a sympathetic ear and some assistance there.
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@SusieQQQ

Thank you dear, shall let you know the outcome. Hopeful they shall assist him.
 
SusieQQQ said:
There isn't a lot though about non- petitioned stuff other than the asylum ones, where the derivative does lose the right to immigrate. The ones above that are detailed have the petitioner and the principal as different persons, obviously different to DV. And all the embassy sites are clear that if the potential derivative has not yet been issued a visa, they can not be issued one if the principal (not petitioner) has died, which seems to contradict the idea that they can still benefit. It's not something I'd like to be arguing with USCIS, and given the time constraints of DV I don't know that anyone would have success going the humanitarian grounds route, which surely takes a lot of time (and legal fees).
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Without a doubt we both agree if the PA dies before the visa is issued in the case of a DV petition, that petition dies a natural death, same thing if PA dies following visa issuance and prior to the LPR status. That obviously wasn't the issue being addressed in the long winded write up I posted above
 
Ms. Dada said:
@Sm1smom @Britsimon @SusieQQQ

Hi ,

Just came across a case today, a boy was selected from Kenya.

It seems that he had applied initially through an agent, and the agent did show him the selection letter. The boy does not have a copy of the selection letter stating the CN no. Also, he doesn't know what email address did the agent use for the initial edv application. (so the option of accessing the selection letter under the forgotten edv confirmation number option is ruled out. )

Here's the catch to the story..the agent is asking for 100,000.00 Kshs in order for him to release the selection letter stating his CN.

I know its completely not right to go through an agent, we have heard of such cases in the past too. Most Kenyans unfortunately aren't abreast with the correct procedures of the edv application.

Is there any hope for this guy ? any idea on how he can access his CN ?

Oh yes, He's a single parent and also just finished schooling. so quite young. No idea if the kid was part of the edv entry, or was the kid born after that. Shall revert on this.

I also don't have any knowledge on whether the Ds260 was filled or not, I shall get the chance to speak to him tomorrow. I can advise more after that.

Kindly let me have your advices experts.
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I've been asked about that scenario a couple of times.

Ideally a person should be able to access the ESC site. That needs the original entry code (not the case number), last name and year of birth.

If the selectee does not have the entry code they can retrieve their details if they know:-

Names as entered Last, first, middle
Full DOB
email address (of the agent??)

If they can get that they are able to get the 1NL and the 2NL - even without having access to the email address for the agent.

Now if they can't get that but can get the Case Number they can possibly find out the interview date (CEAC) and perhaps even the time at embassies that publish the interview dates.

I think it unlikely that KCC or the embassy will help much with this if you cannot get into ESC. The measures are there to stop fraud - so they may not believe the person is who they say they are. Still - you can try and see what happens.

Lastly as Susie mentioned, incorrect details in the eDV (like not including the child) will result in disqualification anyway - so this approach is risky and could result in money down the drain. Because of that, in some of these cases, I think the selectee should just forget they won a lottery they didn't even enter...
 
Sm1smom said:
All the more reason for the rest of you to use the right terminology and correct the wrong impression people have over there. Just because people there equate being given an IV to being green does not mean others should be encouraged to do so or the wrong usage should be ignored.
Click to expand...
That's the point and who else to do it-"WE"
 
Ms. Dada said:
@Sm1smom @Britsimon @SusieQQQ

Hi ,

Just came across a case today, a boy was selected from Kenya.

It seems that he had applied initially through an agent, and the agent did show him the selection letter. The boy does not have a copy of the selection letter stating the CN no. Also, he doesn't know what email address did the agent use for the initial edv application. (so the option of accessing the selection letter under the forgotten edv confirmation number option is ruled out. )

Here's the catch to the story..the agent is asking for 100,000.00 Kshs in order for him to release the selection letter stating his CN.

I know its completely not right to go through an agent, we have heard of such cases in the past too. Most Kenyans unfortunately aren't abreast with the correct procedures of the edv application.

Is there any hope for this guy ? any idea on how he can access his CN ?

Oh yes, He's a single parent and also just finished schooling. so quite young. No idea if the kid was part of the edv entry, or was the kid born after that. Shall revert on this.

I also don't have any knowledge on whether the Ds260 was filled or not, I shall get the chance to speak to him tomorrow. I can advise more after that.

Kindly let me have your advices experts.
Click to expand...
Its hard for me to rule whether its a scam or real,on a lighter note its only the agent who can tell;For me NO ADVISE on what to DO/NOT TO DO.May be the boy should just forego and let the agent stay with the information until such a time when the agent feels he will gain nothing out of concealing
 
Ms. Dada said:
@Sm1smom @Britsimon @SusieQQQ

Hi ,

Just came across a case today, a boy was selected from Kenya.

It seems that he had applied initially through an agent, and the agent did show him the selection letter. The boy does not have a copy of the selection letter stating the CN no. Also, he doesn't know what email address did the agent use for the initial edv application. (so the option of accessing the selection letter under the forgotten edv confirmation number option is ruled out. )

Here's the catch to the story..the agent is asking for 100,000.00 Kshs in order for him to release the selection letter stating his CN.

I know its completely not right to go through an agent, we have heard of such cases in the past too. Most Kenyans unfortunately aren't abreast with the correct procedures of the edv application.

Is there any hope for this guy ? any idea on how he can access his CN ?

Oh yes, He's a single parent and also just finished schooling. so quite young. No idea if the kid was part of the edv entry, or was the kid born after that. Shall revert on this.

I also don't have any knowledge on whether the Ds260 was filled or not, I shall get the chance to speak to him tomorrow. I can advise more after that.

Kindly let me have your advices experts.
Click to expand...

Does he know for certain if the agent entered his information correctly? Did the agent use his correct picture? Did the agent included his child on the eDV application? If he can't answer these questions convincingly with a 'Yes' response, he's better off forgetting about this selection.
 
Hello friends,
This morning i woke up curious about the information I got from a friend we are with in this forum and also on whatsapp. He says there is a fellow who had applied for green card through an agent. Upto this time, he has not checked whether he was selected or not for the agent demands from him $1100 so that he may be given that information. Is there a way this fellow can retrieve the information about his application status without necessarily going through the agent? Can he call the embassy or even the consular though I know they will need the email address from him? What can this fellow do? @Britsimon @Simon @usken go and all members give your input. Further, this has just brought me to the reality of having so many especially Africans who applied. I am afraid most people applied through agents who probably did not even let them use their own email addresses and this will certainly affect those that had been assisted to apply as they are seeking ridiculous amounts of money. #SAD.copy @Sm1smom
 
Simon said:
Its hard for me to rule whether its a scam or real,on a lighter note its only the agent who can tell;For me NO ADVISE on what to DO/NOT TO DO.May be the boy should just forego and let the agent stay with the information until such a time when the agent feels he will gain nothing out of concealing
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What's so hard about figuring out if it's a scam - the agent is demanding money for something the person should not have to pay for - in the US this is called extortion and is enough of a crime to get a green card revoked, for example...
 
McOmbija said:
Hello friends,
This morning i woke up curious about the information I got from a friend we are with in this forum and also on whatsapp. He says there is a fellow who had applied for green card through an agent. Upto this time, he has not checked whether he was selected or not for the agent demands from him $1100 so that he may be given that information. Is there a way this fellow can retrieve the information about his application status without necessarily going through the agent? Can he call the embassy or even the consular though I know they will need the email address from him? What can this fellow do? @Britsimon @Simon @usken go and all members give your input. Further, this has just brought me to the reality of having so many especially Africans who applied. I am afraid most people applied through agents who probably did not even let them use their own email addresses and this will certainly affect those that had been assisted to apply as they are seeking ridiculous amounts of money. #SAD.copy @Sm1smom
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We have just been talking about a similar case, did you read above?
 
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