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DV Lottery 2012 New York Times 06/25/2011

al_lupoo

Registered Users (C)
www dot thecaucus.blogs.nytimes.com/2011/06/25/sunday-breakfast-menu-june-26/

June 25, 2011, 10:17 PM
Sunday Breakfast Menu, June 26
By JADA F. SMITH
Stephen Crowley/The New York Times

....Omissis

On Univision’s “Al Punto,” Mike Hammer, acting assistant secretary of state for public affairs, will discuss how American aid can help overcome the violence in Guatemala that lingers from the presence of gangs and drug traffickers. He will also talk about President Obama’s strategy to withdraw troops from Afghanistan and address the State Department’s plans to fix the problem of those who were affected by a visa lottery glitch.

.....Omissis
 
Dude lm not jumping into conclusions.I just meant its about time the top notch guys are involved and the problem is solved amicably...Once and for all.We dont want Dos releasing other results on 15 July to be cancelled again by a court order or some other glitch.Everything should be done right this time round .If the "big boys" are involved and know about the situation, they'l keep an eye and everything will be fine.
 
I check on the Spanish Univision tv station website for their news update on their morning breakfast show(if any) so as to figure out what the acting secretary of state on public affairs (have already said) in their Sunday breakfast show.. Google & altavista isn’t translating well 4me.

I think the Acting Secretary of state on public affairs that will be hosted in the Spanish tv station Sunday morning will have a general touch of issues. As a public affairs secretary, he’s to speak about drug traffickers, he will also talk about President Obama’s strategy to withdraw troops from Afghanistan then follow by the lottery glitch. These are diversify issues. He’s to be fed with the information. I don’t think he’ll be able to provide a deep-exclusive insight to that glitch issue & action taken, but rather a general overview.


If its David Donahue, the Deputy Assistant Secretary of State for Visa Services at the DOS, whose office rescind d dv 2012 initial results or the OIG that was to be hosted on the Univision breakfast show today, then that will be far better with first class info.

Anyway, lets c d info he has 4us (oops, 4 d dv22k)...
 
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You can watch the interview on Univision's website. It's in Spanish.
The guy asked him if they will make an exception for "humanitarian" reasons and let those people continue with the visa process. The DoS rep responded that he cannot comment because there is a legal case against the Department of State but repeated the State's position. The technical error made those results invalid. All people that received the confirmation in error will be included in the re-draw in July so they have the same chance of wining as anyone else. End of interview: a total of 1 min and 20 sec.
 
There has never been hope. While I understand the human desire to seek justice, everyone who believes that they will get a green card from the legal case is being unreasonable. In order for the law to be honored the 22k people must have been selected through a random process. The selection was not random so their selection was in violation of the law. There are really two ways forward with the case. One is to try to convince the court that the selection was random so they should be reinstalled.However, this is highly unlikely. Statistically, there is an obvious bias introduced into the process so statistically the selection is not random; thus it's in violation of the law. The second way forward, and the most probable one, is to convince the judge that the notification of selection is a binding contract between the DOS and the 'selectees' thus by voiding the results, they have breached a contract. This argument is sound and could be accepted by the judge. HOWEVER, the judge will likely order some sort of monetary compensation and not re-intallment of the 22k. The case will probably be argued in favor of the 22k people, but don't expect anything major to come out of it. Maybe some cash but when you pay the lawyer there will likely will be nothing left. The entire case is motivated by the layers desire to milk out money from the 22k...he is already asking for 'donations' and he will sure get most of the money that the case could bring.
 
3) By sending their applications to Kentucky Consular Center, the winners demonstrated intent to immigrate. This makes them practically ineligible for any non-immigrant visas in the future.
4) Acknowledging the original winners will not cost the U.S. taxpayers any money. But defending against the lawsuit will.
5) The Department of State lied to the winners who called the call-center May 6-13, telling them that the problems on the website were temporary and that the program was still running. It also kept cashing the checks the winners sent them up until May 10-11. The people were thus assured that their applications were being processed, and kept making future plans.
6) Even with the glitch, the results can still be considered random from mathematical and computer engineering standpoints.

do you know what that means...?
that means DOS is acountable just for doing this things.. so even if we throw out the randomness (i though that it was random for the peoples who applied day 1... if all who applied day one were selected, then it wasn't random...), so even without the randomness, the fact that they did this is making them accountable
There has never been hope. While I understand the human desire to seek justice, everyone who believes that they will get a green card from the legal case is being unreasonable. In order for the law to be honored the 22k people must have been selected through a random process. The selection was not random so their selection was in violation of the law. There are really two ways forward with the case. One is to try to convince the court that the selection was random so they should be reinstalled.However, this is highly unlikely. Statistically, there is an obvious bias introduced into the process so statistically the selection is not random; thus it's in violation of the law. The second way forward, and the most probable one, is to convince the judge that the notification of selection is a binding contract between the DOS and the 'selectees' thus by voiding the results, they have breached a contract. This argument is sound and could be accepted by the judge. HOWEVER, the judge will likely order some sort of monetary compensation and not re-intallment of the 22k. The case will probably be argued in favor of the 22k people, but don't expect anything major to come out of it. Maybe some cash but when you pay the lawyer there will likely will be nothing left. The entire case is motivated by the layers desire to milk out money from the 22k...he is already asking for 'donations' and he will sure get most of the money that the case could bring.
 
remember 1 thing folks... They were saying that the May 1 results were still valid until may 12th... so do not give too much credit to that short video where the guy clearely says "can't tell more because of the lawsuit..." but keep in mind that he is only telling the "official" position like the phone operators were telling us until may 12th that the results were still valid...
You can watch the interview on Univision's website. It's in Spanish.
The guy asked him if they will make an exception for "humanitarian" reasons and let those people continue with the visa process. The DoS rep responded that he cannot comment because there is a legal case against the Department of State but repeated the State's position. The technical error made those results invalid. All people that received the confirmation in error will be included in the re-draw in July so they have the same chance of wining as anyone else. End of interview: a total of 1 min and 20 sec.
 
3) This is right BUT DOS has said that they will not process the forms. If they are not processed, you will not be deemed as a potential immigrant so I wouldn't stress about not being able to get a tourist visa...I would be surprised if you have problems.
4) This is not important even if true. It's about the law. There is operational budget that is meant for cases like this so it's not like it would be that much money. It's pennies for the Department.
5) This is the way any institution would have proceeded. You do not make anything public until you come with an official statement. Yes, it's unfortunate but it would have caused more confusion and chaos if they have informed individual people on the phone about the situation, before they released the statement. Also, they do not ask for any payment at this EARLY stage. There are a few cases of people sending checks for AOS but these are getting refunds. So no problem here. Plans are great but DOS and the lottery instruction make it clear that 'selectees' should not make any plans, sell properly, marry, quite jobs, buy flight tickets, etc. BEFORE they have received an immigrant visa. If you have made such a drastic step based on the selection that is your decision; even though you have been advised against such drastic steps...since selection does not guarantee you a green card but a mere chance to have your application processed and to get and perhaps to get an interview.
6) That's not true. The statistic definition of 'randomization', excluded the presence of ANY bias. Here the glitch introduced a biased variable; selectees are clustered around a specific time period. You can claim that the glitch was random and that no-one could have known that people who have applied on the 5th and 6th would be more likely to be selected, but this only makes the event random not the selection itself. Open a statistic textbook and read if you want to learn more...

I have no intention to start an argument over the issue. If you have a certain conviction and you want to defend it, please, do so...you are more than welcome to try. We will have to wait and see what happens with the case. My personal opinion based on what I've read is that there is at best a breach of contract but this would not bring re-installment of the "winners". EVEN if the judge re-installs you, there will be an appeal, so a class-case like this would take years to resolve. Again, those that feel that this will get them somewhere are more than welcome to try an sell their part of the story, they have the right to do so. Good luck.
 
Did anyone receive at least a receipt for AOS fee?

Q: I thought I was selected. I am in the United State and contacted US Citizenship and Immigration Services about adjustment of status. What should I do now?

USCIS will not process any adjustment of status cases based on the voided DV selection process. If you already paid the $440 DV fee to the USBank lockbox based on your belief that you had been selected, you may request a refund from KCC through the following mailing address:
Kentucky Consular Center
3505 Highway 25-W North
Williamsburg, Kentucky 40769
 
Q: I thought I was selected. I am in the United State and contacted US Citizenship and Immigration Services about adjustment of status. What should I do now?
Yes, I know that. I also sent a request for refund to abovementioned address the same day I received that email. But noone I talked to can confirm even receiving receipt for payment, not to mention refund check. Looks like the whole thing is on hold until 15th.
 
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