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

T

tpsreports

Registered Users (C)
I wrote the wrong country in the "chargability" and now the embassy of sthlm sent me a letter saying that Im not chosen for further selection,however I will get the chance to go to the interview and explain my situation.

My question is: Am I automatically disqualified from the dv2010-lottery because of the error I made in my application?
 
When did you receive the letter and from who...what region are you from and what is your case number?
 
From the stockholm embassy,sweden (EU)
Immigrant visa unit
my case number is 2010EU00008XXX
letter recieved today 14/9 2009


Quoting the letter:


Dear mr tpsreports

We regret to inform you that your appointment on october xx ,2009 has been cancelled/postponed. As you have listed Sweden as your Foreign State Chargebility instead of x on your diversity visa entry, you have erroneusly entered the d.v lottery program. your country of eligibility is not related to where you live or your nationality.

Please note that your foreign state of chargeability is your country of birth. You can only derive foreign state of chargeability from another country ifr your spouse or parents are born in that country.

This could be a disqualifying factor. Please see
ht//xxxxxxxxxxxxxxxxx/dv-2010bulletin3.pdf#13

However a final decision regarding your entry can only be made if you attend an interview. Please note that fee of $775 per applicant will not be refunded in the event of a disqualified entry

please notify us per email: stkivinfo@state.gov if you want to attend your interview or cancel your application
sincerely
immigrant visa unit
 
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As you have listed Sweden as your Foreign State Chargebility instead of x on your diversity visa entry
Click to expand...
What is x?
Where were you born?
Are you married?
Where is your spouse born?
Where were your parents born?
 
There is a chance. If Eritrea is acquired by any European country or if Sweden is acquired by any African country in 2010, you are in a much better shape.
Actually, there is another chance as well. For instance, Eritrea is acquired by one Asian country, and Sweden is acquired by another Asian country. That works as well.
 
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Not until the actual acqisition takes place. However, if and when it takes place, it is easy to find out. Follow the news. Do not go to the interview until then.
 
http://www.state.gov/documents/organization/87838.pdf

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...
 
The only plausiable explanation I have is this:

Eritrea was not a nation at the time of my birth. It was an anarchy state, I therefor thought I should list sweden as Ive never obtained a citizenship from Eritrea
 
Do you mean because Eritrea was an anarchy state, Sweden did not produce your birth certificate when you were born in Sweden?
Was Sweden an anarchy state too at the time of your birth?
 
tpsreports said:
The only plausiable explanation I have is this:

Eritrea was not a nation at the time of my birth. It was an anarchy state, I therefor thought I should list sweden as Ive never obtained a citizenship from Eritrea
Click to expand...


I that case you should have enter Ethiopia as Eritrea was part of it from 1952 to 1993 if I remember right and also at the time of your birth.
 
the consulate may argue that eritrea was ethiopia before it became independent, in terms of international law (i.e. between 1962 when Selassie annexed it as a province and 1993 when independence was proclamed).

The Immigration and Nationality Act (INA) Section 202 [8 U.S.C. 1152] states in pertinent part under Rules for Chargeability, that each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state. The INA §202(b) states that chargeability is determined by birth in a foreign state, so the determination is based on where the applicant is born, and not on where the applicant has a claim to nationality or citizenship. This distinction between chargeability and nationality matters precisely because of how the State Department determines visa availability. Aliens not qualifying as “immediate relatives” under family-based petitions, or for whom a visa is not immediately available, will receive a visa based on the availability for their country of chargeability, which may not necessarily be their country of nationality.



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.
 
It does not matter whether Eritrea was a nation at the time of your birth. You need to use the country that exists today, primarily because the DOS charges the visa to that specific country. You need to produce a birth certificate that confirms that you were born in a city that belongs to Eritrea even though it was a part of Ethiopia at the time of your birth.

Here is an analysis of Foreign state chargeability, I found on a website.

Foreign state of chargeability
22 CFR §42.12 states that “an immigrant shall be charged to the numerical limitations for the state or dependent area of birth, unless the case falls within one of the exceptions to the general rule of chargeability provided by INA §202 (b) and … to prevent the separation of families.”
The general rule of chargeability under INA §202(b) is that the country of birth determines the state of chargeability. The foreign state, as it exists at the time of visa application, is the state of chargeability, not the state that existed at the time of the applicant’s birth. This is particularly important as the land where the person was born may now belong to a different state. For example, a Pakistani national who was born in what is now Bangladesh may be eligible even though Pakistanis are not eligible. If the state of an applicant’s birth no longer exists, has different boundaries, or was a colonial territory, the Secretary of State will specify the foreign state that will be deemed to be the applicant’s country of origin for DV purposes.
 
other suggested reading:
state.gov/documents/organization/87525.pdf[/url]
state.gov/documents/organization/87526.pdf[/url]

you may want to browse all US Foreign Affairs Manual (FAM) docs publicly available at the below address.
state.gov/m/a/dir/regs/fam/c22167.htm[/url]

you may find information that will help you make the case with the consulate.

if none of the regulations in FAM allow them to issue a visa, they will either deny it or ask Washington to provide an advisory opinion.
 
Last bit of info:

9 FAM 42.12 N3.2 If Principal Alien not Charged to Foreign State

(TL:VISA-329; 10-26-2001)

For the purposes of derivative chargeability under INA 202(b)(1) and (2), the parent or spouse need not actually have been charged to a foreign state or dependent area in order to confer that chargeability on a child or spouse. It is sufficient that the alien would be chargeable to that foreign state. For example, a parent or spouse entitled to immediate relative or special immigrant status may confer derivative foreign state chargeability if the child or spouse, as defined in the INA [see 9 FAM 40.1 Related Statutory Provisions], is accompanying or following-to-join the parent or spouse. [See
9 FAM 42.12 N3.]


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.


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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