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Help..country of eligibility error...

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37809059

New Member
Help, We have made the biggest / easiest mistake on our DV Lottery application, in the COUNTRY OF ELIGIBILITY on my wife's application we should have put UKRAIN in error we put AUSTRALIA, of course wouldn't you know after 6 years of trying her number came up, we had our appointment booked in Sydney for the interview , had the full medical and the police checks done. we have just received the letter advising because of the error we are now disqualified.

I have small hope that because both are ELIGIBILITY COUNTRIES. and the country of birth was put as Ukraine, is their some means of appealing the decision. if any one as any advise at all please let us know.

this has been our dream for many years.

and after the letter at the start of the year we have taken steps to move to the USA with jobs and selling assets, we were planing on a white Christmas. So at this point we will try anything.

Any Suggestions would be warmly received
 
Big Mistake

Dear Sir/Madam,

As you enter wrong contry of birth in the original entry this will cost you the Entire Qualification.
You will be disqualifed and will not be issued a visa too.
Major mistake such as COB, NAME, ....etc will not be tolerated.
There is no way to appeal this decision.
YOU HAVE TO GIVE UP YOUR CHANCES THIS YEAR.
THANKS
 
The rules say:
Please be aware that listing an incorrect country of eligibility or chargeability (i.e. one to which you cannot establish a valid claim) may disqualify your entry.
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You are right, both countries are eligible and if they have free visa slots there is a chance to get the visa. However your wife comes from a country with a high admission rate for DV visa and my guess is, they think she sent multiple applications and disqualified the case.
 
DV1 said:
Dear Sir/Madam,

As you enter wrong contry of birth in the original entry this will cost you the Entire Qualification.
You will be disqualifed and will not be issued a visa too.
Major mistake such as COB, NAME, ....etc will not be tolerated.
There is no way to appeal this decision.
YOU HAVE TO GIVE UP YOUR CHANCES THIS YEAR.
THANKS
Click to expand...


Thanks for the reply. I am not sure if it makes any difference, but the country of birth was entered correctly. it was the country of eligibility that was incorrect.
 
Tazmania said:
The rules say:

You are right, both countries are eligible and if they have free visa slots there is a chance to get the visa. However your wife comes from a country with a high admission rate for DV visa and my guess is, they think she sent multiple applications and disqualified the case.
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Thanks for the glimmer of hope, we only had one entry for her in the DV lottery.

do you think that the KCC would be able to see that this was an innocent mistake. at no time in the process did we try to hide the country of origin ?
 
Tazmania said:
Thats the point where you end up in a dead end. How do you wanna bring evidence of this?
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I see your point, I know that their are a lot of people applying every year, but they are all typed in, right. it will not take that long to do a name search at the KCC. and then they would see that we only had one entry with that name and DOB ect.

But what I was really looking for was any one that was aware of an appeals process, can we appeal ?

On a side note I should say that given that most people the country of eligibility and country of birth will be the same, the online form could be much better designed, so that if you country of birth was not on the eligible list it then prompted the user to enter info for chargeability only if required. If any one knows why it does not work this way please let me know
 
You have no chances at all.
if they have free visa slots there is a chance to get the visa
Click to expand...
Not for this case though. In order to get a visa you need to satisfy the quota. Actually, two quotas - both a per country quota and a regional quota.
Regional quotas are ALWAYS filled, versus per country quotas. Australia and Ukraine belong to different regions, not to the same one. So, you do not have any chances.

Those switches are theoretically possible in case both countries belong to the same region (and that is why regional quota does not have to be satisfied), and quota for the country you are going to switch you visa number, is not filled. Quota for Ukraine is always filled too, as well as quota for Europe.
 
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On a side note I should say that given that most people the country of eligibility and country of birth will be the same, the online form could be much better designed, so that if you country of birth was not on the eligible list it then prompted the user to enter info for chargeability only if required. If any one knows why it does not work this way please let me know
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A very bad idea. That way if your country of birth is on an eligible list, but you still want to use another country as the country of chargeability, you will not be able to do that. This type of mistake on electronic form would effectively kill the DV program for the whole year. It is good that did not happen, that would be a complete disaster.

Definitely, it is possible the electronic form to figure out your country of chargeability is marked not as your country of birth, and in that case to provide thourough explanations what the consequences could be if you cannot provide legible claim to country marked. However, that would put people who do not read English under hardship during the 60 minutes of online session. I would think it is a bad idea as well.

Probably, the way it is set up now is the best possible one. Just be careful next time.
 
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The only way you could get a visa is to prove you can qualify under Australia, using alternate chargeability, even though you were born in Ukraine
Let's figure out some details.
As far as I understand, you were born in Ukraine.
Where was your spouse born?
Where were your parents born?
Where were your spouse's parents born?

we had our appointment booked in Sydney for the interview , had the full medical and the police checks done. we have just received the letter advising because of the error we are now disqualified
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What do you mean? You were disqualified without an interview? That is not even a theoretical pissibility. Please explain. Did you have the interview already? Did the consul ask you the questions I am asking?
If you in fact qualify under Australia, that was the responcibility of the consular officer to figure that out and not to disqualify you.

So, if you were disqualified without the interview, you could appeal.
Also, if you were disqualified even though you could use alternate chargeability to Australia, you could appeal as well.

However, in order to get the visa, under appeal or not, you must prove you can in fact use alternate chargeability to Australia.
 
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Thanks for making this clear!

raevsky said:
You have no chances at all.

Not for this case though. In order to get a visa you need to satisfy the quota. Actually, two quotas - both a per country quota and a regional quota.
Regional quotas are ALWAYS filled, versus per country quotas. Australia and Ukraine belong to different regions, not to the same one. So, you do not have any chances.

Those switches are theoretically possible in case both countries belong to the same region (and that is why regional quota does not have to be satisfied), and quota for the country you are going to switch you visa number, is not filled. Quota for Ukraine is always filled too, as well as quota for Europe.
Click to expand...
 
So bad !!!
Why did you made such a very bad mistake ???
I feel sorry for you.But,you're now disqualified to get the Diversity Visa.
 
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Those switches are theoretically possible in case both countries belong to the same region (and that is why regional quota does not have to be satisfied), and quota for the country you are going to switch you visa number, is not filled. Quota for Ukraine is always filled too, as well as quota for Europe.
Click to expand...
That is not only a theoretical possibility now. That is in the consular instructions since October 2008.

9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability
(CT:VISA-1090; 10-23-2008)
If the entrant chooses the wrong country of chargeability at the time of the
initial entry, the error will generally be disqualifying. However, if a DV
applicant chooses a country of chargeability during DV registration that is
within the same geographic region (one of the six) as the correct country of
chargeability, and you determine that the applicant gained no benefit from
his error, you may continue processing the application.
Click to expand...
 
I know that this is really painful, but sorry, you have to give up hope here. The rules are clear and narrow, and interpretation is strict. It's over this year.

Hope you'll get to have a white-Xmas someday.
 
Aidyn said:
Considering this was 12 years ago, the chance of them still being on this forum is pretty slim

Given then information here I'd say there was 0% chance they got approved
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Thanks for reply
I know it was long time but i have same situation
Kcc accept the documents without any comment
Suppose there is an interview within the next month
I‘m afraid to spend money and get refuse
 
Mishmish said:
Thanks for reply
I know it was long time but i have same situation
Kcc accept the documents without any comment
Suppose there is an interview within the next month
I‘m afraid to spend money and get refuse
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What are the two countries involved in your case? Are they different DV regions?
KCC does not assess eligibility. Only a consular officer can decide if you are disqualified or not, so it is not up to KCC to “comment” on what you submit.
 
SusieQQQ said:
What are the two countries involved in your case? Are they different DV regions?
KCC does not assess eligibility. Only a consular officer can decide if you are disqualified or not, so it is not up to KCC to “comment” on what you submit.
Click to expand...

Born in egypt
But live in kuwait
Chargeability country came Kuwait
 
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