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DV 2015 Winners Meet Here

lami2015 said:
Hi all, my firend birth information (date & month) in EDV not matches with her document and she make correction in dv 260 what do you think ?
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There are many cases like yours in
this forum with wrong date, month
and/or year of birth.
If your case number is relatively high
for your region, you can wait few
weeks/months and learn from interview
experiences of these cases.
But, as of me, as much as you can
explain logically how you made the
mistake(genuine one), i hope the CO
will understand your point. That is
my prayer and wish too.
 
Hi, this is Valerio from Italy, I been selected for the DV2015 CN
EU40???, I was denied for enter in the US in 2007, because: section
212 (a)(9)(B)(i)(II) and 212 (a)(7)(i)(II) for overstay and work
illegally more than 1 year from 2004-2006. I emailed the US consulate in Italy,
and they told me to go a head and continue the application. My
question is: do I have any chance to get a Green Card at the
interview? Looks like no for me, but the Consulate suggest to continue, they can waiver my 212 case at the time of intervew?
any answer? Thanks Valerio
 
Wiser heads than mine will come in and offer their suggestions, but is it a simple case of the date and month being mixed around. That is, it should have read 2/3/1980 and they put down 3/2/1980? Did they complete the original submission themselves or did someone else do it?
 
valusa said:
Hi, this is Valerio from Italy, I been selected for the DV2015 CN
EU40???, I was denied for enter in the US in 2007, because: section
212 (a)(9)(B)(i)(II) and 212 (a)(7)(i)(II) for overstay and work
illegally more than 1 year from 2004-2006. I emailed the US consulate in Italy,
and they told me to go a head and continue the application. My
question is: do I have any chance to get a Green Card at the
interview? Looks like no for me, but the Consulate suggest to continue, they can waiver my 212 case at the time of intervew?
any answer? Thanks Valerio
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With an over-stay of 1 year plus, you're under a 10 year ban from the U.S.

Yes, there are circumstances under which a person found inadmissible under INA212 (a)(9)(B)(i)(II) may file a waiver for the inadmissibility to be forgiven. AFAIK, you're not eligible for a waiver according to 9 FAM 40.92 N6 WAIVERS:
An immigrant visa (IV) applicant who is inadmissible for a visa under INA 212(a)(9)(B) may not apply for a waiver unless he or she is the spouse or son or daughter of a U.S. citizen or lawful permanent resident (LPR). A waiver under INA 212(a)(9)(B)(v) will be granted in such a case only if the applicant can establish that denial of his or her admission would result in extreme hardship for the U.S. citizen or LPR.​
http://www.state.gov/documents/organization/87120.pdf (p.13)
​
Plus when one is eligible for a waiver, the waiver is filed prior to the interview; it's not something a consulate/embassy can arbitrarily apply
 
EmilyW said:
Wiser heads than mine will come in and offer their suggestions, but is it a simple case of the date and month being mixed around. That is, it should have read 2/3/1980 and they put down 3/2/1980? Did they complete the original submission themselves or did someone else do it?
Click to expand...

Doesn't the form spell the month out? I can't recall.
I sadly suspect this is another one where the person was entered by an agent, possibly without them even knowing about it.
GIL is trying to be nice but the fact remains it will be difficult to prove the applicant is indeed the entrant especially if it is not a case like Emily suggests.
 
"Plus when one is eligible for a waiver, the waiver is filed prior to the interview; it's not something a consulate/embassy can arbitrarily apply".
I am probably misreading something, but on the website it says "The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply." That is in the first paragraph of the Waivers section.
 
SusieQQQ said:
Doesn't the form spell the month out? I can't recall.
I sadly suspect this is another one where the person was entered by an agent, possibly without them even knowing about it.
GIL is trying to be nice but the fact remains it will be difficult to prove the applicant is indeed the entrant especially if it is not a case like Emily suggests.
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That's what I suspected Susie. The form does require you to spell out the month. So the only way a mistake would be plausible is if an agent did it and misinterpreted what the numbers meant. That is, they gave their details to an agent and the agent didn't read the numbers right.

Other than that, I reckon it would be a bl**dy hard sell to prove it was a genuine error.
 
Sensei-san said:
"Plus when one is eligible for a waiver, the waiver is filed prior to the interview; it's not something a consulate/embassy can arbitrarily apply".
I am probably misreading something, but on the website it says "The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply." That is in the first paragraph of the Waivers section.
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This is the way I understand it - that you cannot file for a waiver in advance - you go for the interview, get denied, and then if the CO says if you are able to apply for a waiver, you take that denial and file for a waiver of the reason for denial. This is why waivers are difficult for DV given the time constraints.
 
Ok thank you! but the consular officer reply to my email, i was ask him the same question, they reply " go ahead and continue the application", if my interview will be, lets say in August (my CN 40???) there is no time for a waiver at all (as far as I know), why they ask me to continue the process if there are ZERO chances? maybe they know something more? maybe there are other options? 2015 will be 9 years bar, very close to 10 years...maybe the Console have the autority to give waiver in some cases? Americans are usually very organize in those things, DV Visa is not like any other visa.
 
I guess maybe kCC will flag your 260 and may be some comments on your 2nl, not a guarantee though but if this happens, those comments will help you make a decision.
Do you really expect the embassy to say to you bluntly that you should not continue with your application?
It is interesting though that they tell you to go ahead.
Other embassies simply say that they cannot preadjudicate, that only the co can make a decision and finally refer you to the appropriate website- a diplomatic way of telling one to do good self evaluation and decide from an informed point of view.
Kindly try to research on whether there has been an exceptional precedence to your dilemma.
I feel you though ,even as try to look at the tough options here.
 
valusa said:
Ok thank you! but the consular officer reply to my email, i was ask him the same question, they reply " go ahead and continue the application", if my interview will be, lets say in August (my CN 40???) there is no time for a waiver at all (as far as I know), why they ask me to continue the process if there are ZERO chances? maybe they know something more? maybe there are other options? 2015 will be 9 years bar, very close to 10 years...maybe the Console have the autority to give waiver in some cases? Americans are usually very organize in those things, DV Visa is not like any other visa.
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The standard line is that they never tell you not to continue, that only a CO during the interview can tell you whether or not you qualify.

I don't know why you think DV is not like any other visa. It is exactly like any other immigrant visa, except for the qualification route. You need a clean medical, you need a clean police record, you need to show you won't be a public charge, and it does not exempt you from any bans. All of this is clear in the instructions.
 
Sensei-san said:
"Plus when one is eligible for a waiver, the waiver is filed prior to the interview; it's not something a consulate/embassy can arbitrarily apply".
I am probably misreading something, but on the website it says "The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply." That is in the first paragraph of the Waivers section.
Click to expand...

The statement you quoted was intended to be in reference to filing a waiver to overcome inadmissibility on grounds of having accrued an illegal presence due to a visa overstay.

So I guess I could have been more specific by saying: Plus when one is eligible for a waiver to overcome section 212 (a)(9)(B)(i)(II), the applicable waiver, I-609, is filed prior to the interview; it's not something a consulate/embassy can arbitrarily apply.

This particular waiver is required to be filed with USCIS prior to attending a consular interview. And we've already established its not a waiver that the OP is eligible to file anyway.
 
Hii all
I hope you dont feel that I'm not optimistic but is there any chance to get refused in the interview ?
Sorry but I'm nerves my interview in FEB and there's many thoughts that I will get refused I don't know why maybe because I'm smoker and the medic-exams will show that I'm not suitable or something like that
Maybe it's silly but that's what I feel
Thx
 
acer20006 said:
Hii all
I hope you dont feel that I'm not optimistic but is there any chance to get refused in the interview ?
Sorry but I'm nerves my interview in FEB and there's many thoughts that I will get refused I don't know why maybe because I'm smoker and the medic-exams will show that I'm not suitable or something like that
Maybe it's silly but that's what I feel
Thx
Click to expand...

There are many people that are denied at interview for various reasons. There are medical conditions that can cause you to be ineligible, but simply being a smoker is not one of those reasons. If you have followed the instructions, meet the requirements and have no issues with medical or criminal records etc, then you have a very high chance of being approved - it is one of the easiest routes to immigration.
 
valusa said:
Ok thank you! but the consular officer reply to my email, i was ask him the same question, they reply " go ahead and continue the application", if my interview will be, lets say in August (my CN 40???) there is no time for a waiver at all (as far as I know), why they ask me to continue the process if there are ZERO chances? maybe they know something more? maybe there are other options? 2015 will be 9 years bar, very close to 10 years...maybe the Console have the autority to give waiver in some cases? Americans are usually very organize in those things, DV Visa is not like any other visa.
Click to expand...

As to why they emailed and told you to continue, I have no idea. COs cannot apply waivers on their own, but they can use arbitrary discretion. Will the CO use his/her discretion to grant you a visa on the condition that your 10 year ban is almost over? I don't know.
 
What was the cut off for Europe in DV-2005 ? I know somebody who got selected, submitted their forms and they never heard from Kentucky again. Their case number EU258xx, was that over the cut off point for that year ?
Dear Experts, If this case number was lower than the cut off for the year and I PM'ed you the specific case number, is there any way to find out why this case was not processed further ?
 
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