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Made an error in my dvapplication, now embassy wants to cancel the interview?

it could mean that if you marry a swedish-born person at anytime before the end of the fiscal, you can claim sweden a state of chargeability
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Possibly it could, provided the law is different, but it actually does not under the current laws.

http://web.archive.org/web/20070103072549/http://www.wolfsdorf.com/DVarticles/DV+2004+Update.pdf

Practice Pointer – In contrast, a relationship must exist at the time a lottery application is initially filed if the winning applicant is a native of an ineligible state. Marriage after registration to an applicant from an eligible state would not qualify the couple for visas.
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kido said:
The only known exceptions to this rule are that 1) an Alien child may be charged to foreign state of either parent (where accompanying or following to join parent); 2) a spouse may be charged to state of accompanying spouse; 3) a USC who lost citizenship may be charged to a country of current citizenship or, if citizenship is non-existent, to country of last residence; or 4) an alien born in location where neither parent was born or had their residence may be charged to the foreign state of either parent. These exceptions, like the others, suggest that when it is in the alien’s best interest (or the interests of keeping a family together) to claim another country, the alien can be charged to a country other than its country of birth for immigration purposes. If no such consideration exists, then the country of birth controls.

If you fit one these exceptions (4 as 1-2-3 dont seem to apply) you can go to the interview with confidence.

If not, then, I dont know, someone else may come up with a better idea.
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THANKS for the tips you gave.

Id like to add that in order to be a citizen of Eritrea,one must pay an annual tax of 2% of your income plus several other fees. As Im a student, and did not pay, i had my citizenship revoked in the early 90's

I only have a swedish citizenship
 
Your citizenship is not really relevant unless your were born in the US and lost your citizenship further down the road.
 
kido said:
Last bit of info:

Bottom line: if you can afford it I would recommend that you

1) email back the consulate saying that based on their input , you would like to reschedule interview to a later date

DONT say anything material in your email. No need to mention anything about state of chargeability, just ask for interview to be rescheduled to later date.

2) consult an immigration lawyer to assess your options prior to moving ahead with the next step of the process.

3) attend the interview with a solid legal case.

keep in mind you theoretically have until september 30th 2010 to provide sound elements that would allow the embassy to issue you a visa.
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Born in:Eritrea
emigrated to sweden at age 2y

Please explain further. Do you mean I should consult a u.s immigration-laywer and have a letter to present to the U.S embassy?
 
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That is up to you. The result is the same. The lawyer will not be able to cause a required acquisition. The Presidents of the countries and their legislative powers could.
 
tpsreports said:
Born in:Eritrea
emigrated to sweden at age 2y

Please explain further. Do you mean I should consult a u.s immigration-laywer and have a letter to present to the U.S embassy?
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The grounds for visa issuance is legal ground only. The embassy can understand why you have entered Eritrea not Sweden but cannot issue a visa without legal ground.

So if you can afford it, discuss your options with a US immigration lawyer.

A law practice may have information that we cannot provide on a forum, on similar documented cases handled by USCIS or DOS and how to make your case.

If you can afford it, talk to a lawyer before attending the interview.
They'll tell how to best present your case in order to maximize your chances.
 
kido said:
The grounds for visa issuance is legal ground only. The embassy can understand why you have entered Eritrea not Sweden but cannot issue a visa without legal ground.

So if you can afford it, discuss your options with a US immigration lawyer.

A law practice may have information that we cannot provide on a forum, on similar documented cases handled by USCIS or DOS and how to make your case.

If you can afford it, talk to a lawyer before attending the interview.
They'll tell how to best present your case in order to maximize your chances.
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I will do so, thank you for your help Kido
 
Carefull lawyers will help you and charge you accordingly and don't care if they tell you $ 3000.- later, sorry it didn't work out....maybe it will work out, I don't know but you have to weigh your chances.

You could always go to the interview first since you already have paid and hear what they tell you and explain your part and than hire a lawyer if you think there is the slightest chance...

Good Luck!:)
 
bentlebee said:
Carefull lawyers will help you and charge you accordingly and don't care if they tell you $ 3000.- later, sorry it didn't work out....maybe it will work out, I don't know but you have to weigh your chances.

You could always go to the interview first since you already have paid and hear what they tell you and explain your part and than hire a lawyer if you think there is the slightest chance...

Good Luck!:)
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1. He never said he paid so how can you say this? In fact, his case is clearly CP since he mentions the Swedish embassy so obviously the fee will only be collected if or when he turns up on interview day.

2. No one should advise someone when there is a serious issue to just be casual, turn up, talk to them and just see, take action later. For most people, they only get one chance to put up the best impression with the embassy. More so here when the embassy has already highlighted a problem. Who is to say the embassy will say that's it, they cannot give him anymore appointments. Best to be prepared from the very start with professional advice if poss. to give his case the very best chance.
 
RUFGH said:
1. He never said he paid so how can you say this? In fact, his case is clearly CP since he mentions the Swedish embassy so obviously the fee will only be collected if or when he turns up on interview day.

The letter he received was stating no money will be refunded...so if he paid it will not be refunded, that is what I wanted to come across, and an amount was mentioned...if he doesn't do AOS, why was it mentioned in the letter, maybe to confuse him and us?

2. No one should advise someone when there is a serious issue to just be casual, turn up, talk to them and just see, take action later. For most people, they only get one chance to put up the best impression with the embassy. More so here when the embassy has already highlighted a problem. Who is to say the embassy will say that's it, they cannot give him anymore appointments. Best to be prepared from the very start with professional advice if poss. to give his case the very best chance.
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All cases are serious...but if he goes and they make it clear he has No possibility to be eligible due to his b-country, than no lawyer can change that, if they make a statement if he can proof otherwise, than it is time to hire a lawyer!
 
The letter he received was stating no money will be refunded...so if he paid it will not be refunded, that is what I wanted to come across, and an amount was mentioned...if he doesn't do AOS, why was it mentioned in the letter, maybe to confuse him and us
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CP or AOS, the chargeability rules are the same. Though, the fees are different. You will be denied in either case, CP or AOS, if you could apply for AOS.
Surprisingly, they sent you a specific precaution you are loosing your money. They do not have to do that.
The explanation they were looking for was that you or your spouse or your parents were in fact born in Europe, not in Africa. Provided that is the case, you are in a good shape - that is what they were trying to tell you, that is what you could explain at the interview after you pay the fees.
 
bentlebee said:


The letter he received was stating no money will be refunded...so if he paid it will not be refunded, that is what I wanted to come across, and an amount was mentioned...if he doesn't do AOS, why was it mentioned in the letter, maybe to confuse him and us?

All cases are serious...but if he goes and they make it clear he has No possibility to be eligible due to his b-country, than no lawyer can change that, if they make a statement if he can proof otherwise, than it is time to hire a lawyer!
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Get your facts right if you are trying to weedle out of your own ignorance. $775 is clearly CP, AOS is more costly. So nothing in the letter suggests AOS at all.
 
To: RUFGH

I have PMed you. Use ignore lists and you don't have to read posts of people you don't wish to see (as I have done :D).
 
I'm interested to know the outcome of tpsreports' situation and interview.

I'm in similar situation. I wrote my country of origin/nationality rather my country of birth.
Both countries are eligible and they are in the same geographic region.
 
I'm in similar situation. I wrote my country of origin/nationality rather my country of birth.
Both countries are eligible and they are in the same geographic region.
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Should not be a problem. However, if your country of birth always exhausts it's quote, but the country you wrote has it's quote unexhausted, it might be different.
What is your country of birth?
Which one did you write as your country of chargeability?
 
thanks raevsky for your reassurance.
Both countries never exhausted its quota.

Are you immigration lawyer? Please let me know if you are basing your comments on some facts or experience.

I read in the enforcement manual that the officer may consider to proceed with our application, if the mistake was made in two countries that are in the same region and no benefit gained from this error.
 
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