• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

Help. Error in choice of country of Chargeability.

F

frilans

New Member
Hello,

My wife was selected for the DV2022, case number 2022EU00021xxx.

But, :(

She was born outside of the region of what she picked as her eligibility ( she picked Spain ( her citizenship, where she moved when young from south america ).

She is married to me, EU born citizen and native of the EU region * but not spain * ( her country of eligibility ) *.

Do we have any chance here?
 
My opinion, she will be disqualified. Even if you were from Spain she technically should have indicated on the form why she was choosing a different country of chargeability. Unfortunately having been born in South America and not having a spouse from Spain, I see no way in which this case can be approved.
 
Aah ok :(

I was hoping that this could apply,

9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability (CT:VISA-1478; 08-26-2010) 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 or her error, you may continue processing the application. ( and i suppose in her case the correct country of chargeability could be her spouses country, and that would be a European country, and thus within the same geographic region, this could be processed? ).

Perhaps a immigration lawyer could assist in any loop holes here?
 
I’m in agreement with Susie. I do not believe that exception will be applicable in this case. It isn’t quite like she picked the wrong country within the region her birth country falls under. She might have gotten by with cross charging to your country of birth if that was Spain. And I don’t see how a lawyer can help with this.
 
Sm1smom said:
I’m in agreement with Susie. I do not believe that exception will be applicable in this case. It isn’t quite like she picked the wrong country within the region her birth country falls under. She might have gotten by with cross charging to your country of birth if that was Spain. And I don’t see how a lawyer can help with this.
Click to expand...
Oh ok, what a bummer!

Oh well, we already live in the US and might aswell give the AOS a try, maybe we slip by. :)

Thanks for the feedback guys!
 
frilans said:
Oh ok, what a bummer!

Oh well, we already live in the US and might aswell give the AOS a try, maybe we slip by. :)

Thanks for the feedback guys!
Click to expand...
Well, it’s your money if you want to try gamble this. I don’t think you will be successful but if you are, you should be aware that any “slipping by” would be revisited if you ever decided to apply for citizenship, and if granting the original green cards was found to be in error you could be stripped of your green cards at that stage.
 
SusieQQQ said:
Well, it’s your money if you want to try gamble this. I don’t think you will be successful but if you are, you should be aware that any “slipping by” would be revisited if you ever decided to apply for citizenship, and if granting the original green cards was found to be in error you could be stripped of your green cards at that stage.
Click to expand...
We dont have any intention to apply US citizenship & I enjoy a little gamble every now and then :)

But I sure appreciate your feedback and expertise, thanks!
 
You must log in or register to reply here.
Top