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DV 2020 Oceania Selectees

amc_556 said:
Given they’ve now also cancelled international flights for end of March until end of May, there’s no possibility to travel until at least then anyway.
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Not everyone has cancelled flights. I booked flights today for the end of next week, Australia to US. I'm not at all worried.

Do your research, and make an informed opinion, as opposed to trusting media and rumours. Govt sites, airlines sites etc, are what should be used to make informed opinions.
 
Our interview for next week got cancelled... missed out by 1 week :( there are much bigger problems in the world at the moment however this is fairly upsetting in our little world.

I am just crossing everything that the Consulate re-opens and re-schedules us all before September! Sending positive vibes to everyone on this journey.
 
SusieQQQ said:
Your lawyer should have known about this (posted by the lawyer who hosts the site)

9 FAM 504.10-5(A) (U) Issuing Replacement Visa During Validity of Original Visa
a. (U) If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible.

so once the embassy is back to normal, you should ask for a replacement visa you can use under this. Note that apart from paying the fee again, you will probably need to do the medical again for a new expiry date.
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Just got a response email back from the consulate about our request for a visa extension:

There are currently no special accommodations for applicants whose visas have expired or are about to expire due to being unable or not wanting to travel during COVID-19. If you are unable to immigrate to the United States during the validity period of your immigrant visa, we may be able to issue you a replacement visa (to extend the validity).

We will review your eligibility to receive a replacement visa on a case-by-case basis, but we are not able to review your case until your current visa has expired.

Please note that one of the requirements for a replacement visa is that the basis for your immigration to the United States still exists (e.g. familial relationship, U.S. job offer, etc.) If you are deemed to be eligible for a replacement visa, this would require submission of a new visa application fee, a new medical and/or Australian Federal Police certificate. Furthermore, you may be required to update Form DS-260 along with attending another interview for the replacement visa at the U.S. Consulate General, Sydney.

If you fall under a category where visa number(s) are limited each year, then an immigrant visa number was only available for your use within the month your visa was issued. There is no guarantee that visa numbers will be immediately available for your visa replacement. You may also want to review the Visa Bulletin for further information on visa number availability.

Note: Due to the limited number of visas that may be issued under the *Diversity Visa program, numbers may cease to be available even before this date.

In light of the above guidance, if you wish to apply for a replacement immigrant visa, please email us after your immigrant visa has expired. The subject line of your email should be "REPLACEMENT IMMIGRANT VISA: [Surname, Given Name]." In your email, please describe the circumstances which led to your decision to not use your visa during its validity period, as well as the purpose and desired timeline for your future immigration to the United States. We will review and respond to these requests on a case-by-case basis.

Thank you for your understanding and cooperation.
 
Foley83 said:
Just got a response email back from the consulate about our request for a visa extension:

There are currently no special accommodations for applicants whose visas have expired or are about to expire due to being unable or not wanting to travel during COVID-19. If you are unable to immigrate to the United States during the validity period of your immigrant visa, we may be able to issue you a replacement visa (to extend the validity).

We will review your eligibility to receive a replacement visa on a case-by-case basis, but we are not able to review your case until your current visa has expired.

Please note that one of the requirements for a replacement visa is that the basis for your immigration to the United States still exists (e.g. familial relationship, U.S. job offer, etc.) If you are deemed to be eligible for a replacement visa, this would require submission of a new visa application fee, a new medical and/or Australian Federal Police certificate. Furthermore, you may be required to update Form DS-260 along with attending another interview for the replacement visa at the U.S. Consulate General, Sydney.

If you fall under a category where visa number(s) are limited each year, then an immigrant visa number was only available for your use within the month your visa was issued. There is no guarantee that visa numbers will be immediately available for your visa replacement. You may also want to review the Visa Bulletin for further information on visa number availability.

Note: Due to the limited number of visas that may be issued under the *Diversity Visa program, numbers may cease to be available even before this date.

In light of the above guidance, if you wish to apply for a replacement immigrant visa, please email us after your immigrant visa has expired. The subject line of your email should be "REPLACEMENT IMMIGRANT VISA: [Surname, Given Name]." In your email, please describe the circumstances which led to your decision to not use your visa during its validity period, as well as the purpose and desired timeline for your future immigration to the United States. We will review and respond to these requests on a case-by-case basis.

Thank you for your understanding and cooperation.
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seeing as that response partly affirms and partly contradicts the FAM extract, it may be worth your while to post a query about this directly to Mr Khanna on the forum section he has set up for this https://forums.immigration.com/forums/visa-issues-during-coronavirus-covid-19-times.273/
 
The big question here is are we in a better position having our visa expiring sooner rather than later?
If they will only let us apply for an extension when it expires, there may be no visas left for OC further on in the year.
 
Foley83 said:
The big question here is are we in a better position having our visa expiring sooner rather than later?
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Depends how long this all goes on for, I guess. Mine expires mid-June, so I think it could go either way. Might be able to fly by then, but if I can’t I might be SOL for remaining visas...
Then again, with all the interview cancellations etc. who knows.
Qantas and Virgin are both expecting to be flying again by June, so even if I can land on the final day, it will be easier than re-navigating the entire process.

Actually on that - does anyone know if the visa expiry date is the last date you can enter or is it the day before?
 
Foley83 said:
The big question here is are we in a better position having our visa expiring sooner rather than later?
If they will only let us apply for an extension when it expires, there may be no visas left for OC further on in the year.
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There is no possibility that visas for the program or for OC will be exhausted by the end of the year. I don't think the response was ambiguous, it is precisely what you would expect. Susie, what is the contradiction?
 
Britsimon said:
There is no possibility that visas for the program or for OC will be exhausted by the end of the year. I don't think the response was ambiguous, it is precisely what you would expect. Susie, what is the contradiction?
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If I were to guess it's that 9 FAM 504.10-5(A) states:
"If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. "

Whereas the consulate has informed me to wait until the visa expires in order to ask for a new visa.
At least that's where I get confused.
 
Britsimon said:
There is no possibility that visas for the program or for OC will be exhausted by the end of the year. I don't think the response was ambiguous, it is precisely what you would expect. Susie, what is the contradiction?
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The FAM extract (as posted by Mr Khanna previously) indicated both that an immigrant visa could be reissued before expiry if the embassy was satisfied reasons beyond the individual’s control would prevent it being used before expiry, and - critically for DV - that the same visa number could be used.
 
Foley83 said:
If I were to guess it's that 9 FAM 504.10-5(A) states:
"If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. "

Whereas the consulate has informed me to wait until the visa expires in order to ask for a new visa.
At least that's where I get confused.
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SusieQQQ said:
The FAM extract (as posted by Mr Khanna previously) indicated both that an immigrant visa could be reissued before expiry if the embassy was satisfied reasons beyond the individual’s control would prevent it being used before expiry, and - critically for DV - that the same visa number could be used.
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It just seems more logical to wait until the visa has expired AND there is an ability to travel. Let's say someone still has 4 weeks validity. Who knows what could happen in the next 4 weeks. It might become possible (though perhaps inconvenient) to travel in that time. On the other hand, reissuing now may still not make sense if travel is impossible until September for example.

In any case they cannot reissue after 30th September (that is clear), but a visa reissued in September could be used for entry up to early 2021. Just makes sense to wait and reissue once.
 
Britsimon said:
It just seems more logical to wait until the visa has expired AND there is an ability to travel. Let's say someone still has 4 weeks validity. Who knows what could happen in the next 4 weeks. It might become possible (though perhaps inconvenient) to travel in that time. On the other hand, reissuing now may still not make sense if travel is impossible until September for example.

In any case they cannot reissue after 30th September (that is clear), but a visa reissued in September could be used for entry up to early 2021. Just makes sense to wait and reissue once.
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It’s one thing to say it makes sense under current circumstances - but another to contradict the FAM by saying it can’t be done. (In another situation, a scenario could arise where the visa expires only after the DV year ends so the visa holder is screwed if he has to wait for expiry.) And while it may not be an issue this year due to unrelated reasons we know about, the issue about whether or not to use the same visa number could be critical for a DV visa holder. Interested to see the response to the post on this matter in Rajiv’s Corner.
 
amc_556 said:
Qantas and Virgin are both expecting to be flying again by June, so even if I can land on the final day, it will be easier than re-navigating the entire process.
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They are not the only airlines flying between Australian and the US. Other airlines are still flying during the V and Q non-flying period.
 
SusieQQQ said:
It’s one thing to say it makes sense under current circumstances - but another to contradict the FAM by saying it can’t be done. (In another situation, a scenario could arise where the visa expires only after the DV year ends so the visa holder is screwed if he has to wait for expiry.) And while it may not be an issue this year due to unrelated reasons we know about, the issue about whether or not to use the same visa number could be critical for a DV visa holder. Interested to see the response to the post on this matter in Rajiv’s Corner.
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They are not saying it can't be done - they are saying they (the embassy) are not able to do it. That's their embassy decision (and a sensible one), not a contradiction of the FAM.

As for the visa number, that would only be a problem in the event that KCC was unable to reissue a number (because of a country, regional or global cap). OC won't reach the cap, nor will the global cap be reached, so that is not a concern.
 
Britsimon said:
They are not saying it can't be done - they are saying they (the embassy) are not able to do it. That's their embassy decision (and a sensible one), not a contradiction of the FAM.

As for the visa number, that would only be a problem in the event that KCC was unable to reissue a number (because of a country, regional or global cap). OC won't reach the cap, nor will the global cap be reached, so that is not a concern.
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Yup like I said before - you’re focusing on the current situation, and I’m talking about principles. FAM clearly says they can use the existing visa number. its only not a problem because KCC seems to have messed up this year. Hardly encouraging any way you look at it.
 
SusieQQQ said:
Yup like I said before - you’re focusing on the current situation, and I’m talking about principles. FAM clearly says they can use the existing visa number. its only not a problem because KCC seems to have messed up this year. Hardly encouraging any way you look at it.
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True.
 
Same here. I am scheduled for IV appointment on April 3,2020. I haven’t received any notifications or emails whether the interview is cancelled but I am assuming it’s been cancelled . The Embassy website states as of March 20..........
I am really confused as to whether I should even do my medical which I have been booked for tomorrow .
Wishaluckfj said:
Hi all I just got email from Auckland embassy that they cancelling all interviews from tomorrow 20th March . Oh now what’s Gona happen?? My interview was just in 2 weeks time .
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Jaykayel1986 said:
Same here. I am scheduled for IV appointment on April 3,2020. I haven’t received any notifications or emails whether the interview is cancelled but I am assuming it’s been cancelled . The Embassy website states as of March 20..........
I am really confused as to whether I should even do my medical which I have been booked for tomorrow .
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I'm also wondering wether to cancel my medical for next week as I haven't yet received confirmation of my April 7th visa appointment being cancelled. I don't know what to do as the chain of events are all time sensitive. If sometime after attending my medical next week my DV interview is rescheduled, for example in August, but my medical would expire in September, it's then a mad dash to activate. What would some of you others do? Should I be optimistic?
 
Jaykayel1986 said:
Same here. I am scheduled for IV appointment on April 3,2020. I haven’t received any notifications or emails whether the interview is cancelled but I am assuming it’s been cancelled . The Embassy website states as of March 20..........
I am really confused as to whether I should even do my medical which I have been booked for tomorrow .
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kikilea said:
I'm also wondering wether to cancel my medical for next week as I haven't yet received confirmation of my April 7th visa appointment being cancelled. I don't know what to do as the chain of events are all time sensitive. If sometime after attending my medical next week my DV interview is rescheduled, for example in August, but my medical would expire in September, it's then a mad dash to activate. What would some of you others do? Should I be optimistic?
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Delaying your medical would be the sensible decision.
 
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