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DV - disqualified, but still asked to go for an interview

M

mariachy

New Member
Dear All,
please can you help me with following? In 2008 we have joined a 10 years DV lottery program (basically the company would automatically apply for us for 10 years). At that time we had only 1 son. In 2010 our 2nd son was born. In 2012 we have received a call from our green card agent that I was selected. During this call we have found out that we have forgot to update our details regarding our 2nd son. The representative quickly asked for the details and said that it should be fine. In the following documents (DS-230 and DSP-122) we have included also him.

After that we have received an official invitation from the Embassy. But after 2 weeks we have received a mail that we have been disqualified because of the child was not put in the initial application, but that the final decision can be done during the interview.

After that embassy asked us to give explanation about why we didn't include our 2nd son. We filed them the entire history and asked about what next. They gave us answer that only the main applicant should come. Now I'm not sure that why only me, + if there is still some chance,...

Please what do you think?
 
Applying through green card companies is always a bad idea.. this time when they applied you, did they send up to date photos??
If you were asked to go to interview, this means there is a chance.
 
Lazder is right. Didn't u send recent photos? u would have remembered your last son. maybe there is a chance...
 
The only way how you could succeeded is if you had AOS. But if DOS already stated you were disqualified, switching to AOS at this stage of processing would not help. Only doing it from the very biginning helps you pass.
 
thank you all for the replies.
In forms DS-230 and DSP-122 we have already included both of our children (with pictures, etc). Also the agency sent the complete list after we have been selected.

Basically the denial and 'final decision interview' messages are coming from the same embassy.

So most probably I should just go and see what will happen.
 
How could he switch to AOS if he is outside the US?

Well.. in my honest opinion your chances are low. There were many cases when ppl were denied because of the kid not included in initial application (unless it was born after the selection). Another weird thing is, that they want you to come to the interview alone. Your kids, since they are under 14, dont have to attend the interview but what about your wife?
 
hi everyone,
I am looking forword to checking out the forum threads
from time to time .Hope to find a friendly, Interactive
forum. The internet can be a lonely place
at time , So I love forums!
 
If they call you to the interview, you should go. AOS or CP will not matter much in this case, if they think you are disqualified that's pretty much it. But you should definitely go to the interview and be prepared because they already asked you to explain yourself, this could be a good sign. They do have the authority to issue you a visa although your chances are slim.
 
I hope the CO would use his/her 'discretionary power' to your benefit at the intvw!

see page 6 #d in the following. (make sure you take p/o of this with you and discuss with the CO)
Draft a formal 'appeal letter' and take it with you. Reference this document in it.

http://www.state.gov/documents/organization/87838.pdf

Best!
 
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Can you explain for DV vis-a-vis other GC categories AoS?
Click to expand...
Not sure what your question means.
How could he switch to AOS if he is outside the US?
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Once your case is in the consulate, DOS will not allow switching to AOS.

http://www.state.gov/documents/organization/87838.pdf

9 FAM 42.33 N10.2 Processing Cases to Conclusion
(CT:VISA-910; 10-23-2007)
We can appreciate posts' efforts to prescreen applications allowing unqualified
applicants to withdraw their applications to avoid paying the required fees.
Nevertheless, it is important to process such cases to conclusion and not to simply
allow the candidate to withdraw the application. Instances have arisen where DV
winners who were advised not to make an application at a post abroad have then
entered the United States and requested adjustment of status processing at the
Department of Homeland Security (DHS).
Click to expand...

You need to request AOS from the very beginning. Only that way you will be able to proceed if you did not enter your child on the initial entry form.
 
I think this is WRONG! (as far as as DV AoS is concerned)
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The only reason why CP leads to denial is the following 9 FAM clause:

http://www.state.gov/documents/organization/87838.pdf

You must deny the applications of registrants who list on their Form DS-230,
Application for Immigrant Visa and Alien Registration, or their Form DS-260,
Online Application for Immigrant Visa and Alien Registration, a spouse or child
who was not included in their initial entry, unless such spouse or child was
acquired subsequent to submission of qualifying DV entry. The spouse of a
principal alien, if acquired after registration, and prior to the principal alien’s
admission, or the child of a principal alien, if the child was born after
registration or is the issue of a marriage which took place after registration and
prior to the principal alien’s admission to the United States, although not
named on an application, is entitled to derivative DV status
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This is a consular instruction, it has nothing to do with the law, and that is why it is not valid for AOS.

DOS is administering DV program, that is why it has some additional power (in addition to the law). But it has this kind of power only when it processes the application. It cannot make USCIS behave on additional procedures that are not part of the law.
 
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As you see, in order to enforce it's administrative powers (additional to the law; an example of that kind of power is denial this application because child was not listed on original entry form), once CP process started, DOS does not allow switching to AOS, where those additional powers do not make sense. So that DOS could handle the whole situation on it's own.
 
raevsky, sorry but i think you're wrong in your thinking.
to do AOS he would have to be legally in US. Since he is not the only way to go is CP.
Switching from AOS to CP (and from CP to AOS) is very easy and definitely possible if you are not scheduled for the interview. Anyway.. as aos13 said it doesnt really matter which way you're going. Rules, requirements are pretty much the same.
 
Of course, you cannot do AOS if you are not in the US. But generally going to US in order to do AOS before you send the forms is the solution that I was trying to prompt.
 
But after 2 weeks we have received a mail that we have been disqualified because of the child was not put in the initial application, but that the final decision can be done during the interview
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This means that this particular case has already been scheduled for conclusion and cannot be changed to AOS.
However, consul has some discretion as well:
http://www.state.gov/documents/organization/87838.pdf

If post believes a case merits issuance despite apparent failure to comply with
this instruction, post can submit the case for an advisory opinion (AO) to the
Advisory Opinions Division (CA/VO/L/A).
Click to expand...
 
They gave us answer that only the main applicant should come. Now I'm not sure that why only me, + if there is still some chance,...
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Yes, there is still a chance. They think that the child you forgot to mention could be a US citizen or GC holder. Also, the child could have reached 21 and be not a child any more, or could be married. Or the child does not exist at all. Those questions will be clarified at your interview, and if any of those is true, you could get a visa. Only consul at the interview has the power to deny your case, no final decision could be made in KCC or in the consulate before the interview. But the reasons for that are clear - there are still a lot of possibilities where you not having entered the child is OK (listed above)
 
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again, many thanks for all the info. The thing is that I explained the reason - that we didn't know (from their point of view this can be also translated as 'forgot') to update the list. So that the chance is 0%?
 
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Maybe not 0% but low. Your 2nd kid was already born when you applied for a DV Lottery and he wasn't included in your initial application. That's what matters for them.
The weird thing is they told you to come without your wife. According to the rules she should be there with you (your kids if under 14 dont have to).
Do you have any proofs that this agency was applying for you? Try to take this with you so the CO knows you are not lying.
 
I think they told you the right thing about coming alone first. Just to save money for other members of the family. And your chances are 0.
 
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