Oh wow. You left it waaaaayy too late. There no more scheduling being done now.
DV 2024 All Selectees (Consular Processing - CP)
- Thread starter Sm1smom
- Start date
Please my CN is 2024AF249**, I submitted my D260 in 10th May, 2023. KCC confirmed in March, 2023 that my case is ready to be schedule for an interview. Still not gotten my 2NL to be schedule for an interview.
My Visa status still remains at NVC, I contacted my embassy they told me they are working on backlog and l have not recieved my case yet and asked me to contact NVC. When i contacted NVC they replied i contact KCC because they don't handle dv case.
To my knowledge the programme ends in 30th September,2024.
I really need clarification and assistance.
My Visa status still remains at NVC, I contacted my embassy they told me they are working on backlog and l have not recieved my case yet and asked me to contact NVC. When i contacted NVC they replied i contact KCC because they don't handle dv case.
To my knowledge the programme ends in 30th September,2024.
I really need clarification and assistance.
Britsimon
Super Moderator
Although we cannot be 100% certain, it is likely that there will be no more scheduled interviews. There are *many* in the same position.
Britsimon
Super Moderator
There are many such cases where cases appear to have been skipped. We can't know why in all cases, KCC haven't explained. However, it seems pretty much certain that no further 2NLs will be sent for DV2024 and DV2025 2NLs have started.
SusieQQQ
Well-Known Member
Just to double check that you have checked the confirmation page (where you got your initial selection letter) and it’s not updated? (Some people don’t get the email but the letter is there.)
nobat
New Member
I check it every day, there are no changes. Is there any other way to contact them? I want to ask them to review my case, that they forgot about me. I wrote to the CSS and the consulate in Ashgabat, but they write to wait. And the CSS writes "Your case number is now current for interview processing. If you are scheduled for an interview date, you will receive notification via email to check dvprogram
Hello, we had our appointment and CO approved my case but not my husband's. He has to do the waiver for two sections (212(a)(2)(A)(i)(ii) and 212(a)(6)(c) ). The CO told him that he didn't have time to do it now. We have an American child, and we would like to return to the USA in a year. Knowing that I have to validate the Green card in 6 months and we would not like to be separated. So I have several questions: 1-can the waiver be requested faster? 2-in how much can we obtain it? 3-do we have to request two pardons as there are two sections? 4-how should we proceed? 5-should we do it alone or would it be better to call on a lawyer.
Thank you very much for your answers, I am grateful.
Thank you very much for your answers, I am grateful.
Sm1smom
Super Moderator
I'm afraid, your spouse will not be immigrating to the US with your as a derivative of your DV selection. The waivers required for cannot be obtained before Sept. 30th which is the deadline for him to obtain a DV based IV as your derivative.
In general, this is not even a DIY case case to start with as your spouse is facing some major inadmissibility grounds. There are two separate waivers involved here, neither of which will be a quick process.
INA 212(a)(2)(A)(i)(ii) - Renders ineligible any applicant with past convictions for (or who admits having committed, or who admits committing acts constituting), a violation of, or conspiracy or attempt to violate, any law or regulation of a state, the United States, or a foreign country relating to a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802). Whether a controlled substance is legal under a state law is not relevant to its illegality under federal law.
Waiver available on the basis of demonstrable extreme hardship to a USC or LPR spouse, parent, son, or daughter; and the Attorney General has consented to the applicant’s applying or reapplying for a visa to the United States.
INA 212(a)(6)(c) - Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
Waiver available if the applicant is the spouse, son, or daughter of a U.S. citizen or LPR; and the Secretary of Homeland Security is satisfied that the refusal of the applicant’s admission to the United States would result in extreme hardship to the U.S. citizen or LPR spouse or parent of such applicant.
Basically, if the plan is for you guys to live together in the US eventually, you and your USC child will need to relocate first to the US. Then you file to sponsor your spouse (family based GC sponsorship). I guess you may initiate the waiver processing at the same time since he's already been found inadmissible (usually, the waiver processing gets initiated after being found inadmissible - at the end of the interview). Like I stated above, it is not a DIY process, it will not be a quick process - you're looking at quite a couple of years, and it will not be cheap either.
9 FAM 302.4 (U) Ineligibility based on Controlled Substance Violations - INA 212(a)(2)(A)(i)(II) and INA 212(a)(2)(C)
9 FAM 302.9 (U) Ineligibility based on Illegal Entry, MISREPRESENTATION and Other Immigration Violations - INA 212(a)(6)(c)
SusieQQQ
Well-Known Member
You’re DV2024 - it seems almost impossible that the waiver process would be completed in time for your husband to get a DV before the end of the fiscal year - which is what I assume the CO meant by there wasn’t time to do it. You can enter the US on your immigrant visa, and return home to spend up to but not longer than a year with your husband so as not to be separated in the interim, which gives you some time to wait for a waiver. however, it will probably take longer than that for your husband to get a green card via LPR spousal sponsorship, which (unless your US child is over 21) is the only option. So if your ultimate aim is to move to the US, you are going to have to accept some period of being apart. You do have the option of getting a re-entry permit to stay out longer than a year, but you will then hit issues with earning US income to successfully complete the spousal sponsorship process.
edit: I just read sm1smom’s response. I wasn’t aware these waivers required showing hardship to the spouse etc so yes, you will definitely need to figure out how to spend the time apart, or give up on the idea of using your DV to move to the US.
i don’t know much about waivers but given what you’ve said I’d be inclined to use a lawyer.
Hello, First, thank you for your feedback, so if I understand better now: to obtain these waivers, you have to apply for a new visa, which will be the spousal sponsorship. So I'd have to go to the United States alone to get my permanent visa (do you know the approximate waiting times?) and then I'd have to apply for the waivers at the same time as the Green card visa for my husband. Then I could possibly go out for a year and then I'd have to work in September 2025. ( my job had given me a year before coming back, which is why we have all our stuff in the USA) and a silly question, can't my husband come back as a tourist? And could I ask if it takes longer than a year for a family repatriation? In the end, we're hoping for one year for the waivers and the rest to find a solution such as repatriation or family reunification? Should I call a lawyer?
Thank you again for your precious help, the situation has become so complex.
Thank you again for your precious help, the situation has become so complex.
SusieQQQ
Well-Known Member
Family reunification IS the spousal visa. The current wait time for that to become current is around 3 years from submitting the application. That might speed up by itself, but there’s nothing you can do to speed it up.
your husband can visit as a tourist of course, but he can’t use a tourist visa/vwp (I forget where you’re from) to de facto live in the US.
I am French and my husband has two nationalities (French and Argentinian).
SusieQQQ
Well-Known Member
So whether or not he needs a visa depends which passport he uses, but doesn’t change the facts of not being able to live in the US when entering as a tourist.
Sm1smom
Super Moderator
Considering his DV based IV just got denied, I doubt he’ll be granted a visitor’s visa anytime soon in the first place.
Even with another passport? Just a silly question, I don't think to use this option.
Sm1smom
Super Moderator
Wouldn't make a difference. He’s the same person - the embassy already has both his biographic and biometric details, regardless of which passport he tries to use.
SusieQQQ
Well-Known Member
You need to decide which is more important - not to be separated for a year or two, or to get permanent residency in the US. Only you two can decide which is more important for your family.