Yeah, we need BritSimon
DV 2022 All Selectees (Consular Processing - CP)
- Thread starter Sm1smom
- Start date
Sm1smom
Super Moderator
If an applicant attends their interview without the required documents or is unable to demonstrate they meet the requirements at the time of the interview, the IO is not obligated to wait for such documents to be presented at a later date. They however can use their discretion. And you if take a closer look at the last part of the 9FAM you quoted, it says the CO “may” overcome the initial, it doesn’t say “shall” or “will”
Because a CP denial cannot be appealed, it is imperative for every applicant to attend theIt interview fully prepared and not bank on having additional time till the end of the FY on getting approved if visas are still available. Which is another issue, an assumption should not be made about visas always being available. We’ve had cases when they ran out of visas before the end of the FY
Hi all,
Just wondering if anyone has traveled into the USA on an ESTA after submitting their DS260 and were there any issues? My ESTA was approved before I won the DV lottery and submitted my DS260, and is still current.
Just wondering if there is a potential for issues as it will flag on my ESTA, or is it only an issue when people try to get an NIV after submitting DS260? Regardless I will have all documents with me to prove onwards travel, work in another country and other strong ties but just wanting to get a heads up on potential issues on entry.
Thanks in advance
Cheers,
Morgan
I travelled to the US on a tourist visa after having submitted my DS260 with no problem at all. They didn't bring up the DV at all at the airport
Thank you, I get what you mean.
Do you know all the 119K selectees to say they didn't send anything? What we see on groups and forums is a small part of what actually happens.
Omar150
Member
Isn't it clear for you that I'm asking the small percentage here smart boy?
ralu_de
Active Member
You can't process your case in AOS on a tourist visa and I think it's even illegal, check out the AOS thread.
miloslaw
Member
@shinobi
Theoretically speaking, a tourist visa is a temporary visitor nonimmigrant visa (NIV). AoS (Adjustment of status), as a way of processing DV selection, is meant for people that are currently legally present in the US at a time of filing for AoS (when DV CN becomes current).
Therefore, AoS is meant for people in the US with a legal immigration status on a NIV (such as tourist visa, student visa, some work visas, etc...)
However, it's ILLEGAL and PROHIBITED to apply for a NIV and enter the US with a premeditated immigrant intent. That would pretty much mean cheating the system or cutting the line and government's immigration officials are definitely used to people doing all sorts of plotting in order to outsmart the procces. A huge no no.
On ESTA (visa waiver program), even worse, it's almost impossible to adjust status.
I would NOT advise anyone to do this since it's basically asking for trouble. The mechanism itself isn't meant for people residing outside of the US. Instead: have faith in the process and don't risk it for the biscuit because the biscuit is being baked as we speak and it's coming your way. Don't drop it trying to be smart.
Not a legal advice, but a friendly one
Developer22
Member
Do you think KCC is changing their system for processing the ds260 forms?
Are you in telegram group DV2022 Global? There you may hear someone getting DQ, dr. I am not sure though, I left the group for few weeks, it just creates too much tension in my life, so I decided to go without it for few weeks.
Hi@shinobi
Theoretically speaking, a tourist visa is a temporary visitor nonimmigrant visa (NIV). AoS (Adjustment of status), as a way of processing DV selection, is meant for people that are currently legally present in the US at a time of filing for AoS (when DV CN becomes current).
Therefore, AoS is meant for people in the US with a legal immigration status on a NIV (such as tourist visa, student visa, some work visas, etc...)
However, it's ILLEGAL and PROHIBITED to apply for a NIV and enter the US with a premeditated immigrant intent. That would pretty much mean cheating the system or cutting the line and government's immigration officials are definitely used to people doing all sorts of plotting in order to outsmart the procces. A huge no no.
On ESTA (visa waiver program), even worse, it's almost impossible to adjust status.
I would NOT advise anyone to do this since it's basically asking for trouble. The mechanism itself isn't meant for people residing outside of the US. Instead: have faith in the process and don't risk it for the biscuit because the biscuit is being baked as we speak and it's coming your way. Don't drop it trying to be smart.
Not a legal advice, but a friendly one
Have you got DR?
Omar150
Member
I'm in the grope no DR or DQ or 2NL even in my country!!!!
Did KCC stop!? what's happening?
Really strange. Few days back they were working really good. I think that people don't share their DR or DQ. I hope KCC is working though, it is just we don't see it: they are sending DR DQs to people who are not in the group or people who don't engage in the group.
Omar150
Member
Even though there are not a lot in the group we would at least see one
someone on telegram pointed out this
Which says "Subsequently, on November 4, 2021, the VO Managing Director also submitted a formal request to CST to make changes to DOS’s information technology systems. Id. ¶ 6. Specifically, the Managing Director requested that the diversity visa processing systems be modified to allow processing of prior diversity visa program years and to facilitate communication with affected diversity visa lottery selectees. Id. The diversity visa processing systems that require changes by CST include the Immigrant Visa Overseas system used by posts to process visa applications, the Diversity Visa Information System used by the Kentucky Consular Center to manage all preprocessing activities, the Consular Electronic Application Center system used by diversity visa selectees, and the Entrant Status Check system used by diversity visa selectees to receive communication regarding their cases. Id. VO is now developing unique visa issuance codes that will allow DOS to readily distinguish between diversity visa issuances to selectees from the current fiscal year program and
diversity visa issuances to selectees from the 2021 fiscal year program who will be issued diversity
visas in accordance with the Court’s orders. Id. ¶ 8. Implementing the codes will require
interagency concurrence with the U.S. Department of Homeland Security and other agencies to
ensure the new codes will not adversely impact admissions into the United States. Id. And, by
regularly convening a working group of various components of VO and the Office of the Legal
Advisor for Consular Affairs, DOS is working on identifying and facilitating the execution of
additional steps necessary to implement the Court’s orders. Id. ¶ 9. "
I don't know why we didn't see anything since Friday but it's really alarming, I really hope for the best and it to be something minor.
nicos
New Member
I am in different couple of groups and forums (EU, AF, AS) All same. The leaf does not move!
miloslaw
Member
Not yet