Photograph swap

[Eumudi]

My husband won the DV 2013 and on his interview date it was discovered that my photo was swapped with his which i sincerely think is a computer malfunction. The interview process no longer continued and in confidence one of the interviewer gave him an email address to send an email seeking an appeal.
That interview day the visa fee was given back to him and no refusal document was also given to him. We have sent several mails to this address and all they keep saying is that the case is close and that the process of filling the DV form was not consistent with the procedure.
What else can we do and any candid advice will be appreciated. Up till now we have not been called back though his interview was this January 23, 2013.
We need a way forward as we don't want to miss this chance.

 

[Eumudi]

Hey guys,

I am still expecting responses on the issue i complained of. Please candid opinion is expected.

 

[slash_dot]

My husband won the DV 2013 and on his interview date it was discovered that my photo was swapped with his which i sincerely think is a computer malfunction.

I assume you are referring to the original E-DV application that was submitted, not the photographs later submitted to the KCC in form DSP-122 / DS-230.

The interview process no longer continued and in confidence one of the interviewer gave him an email address to send an email seeking an appeal.
That interview day the visa fee was given back to him and no refusal document was also given to him.

Well that is very lucky; usually it is an automatic disqualification for an invalid photograph with no refund.

We have sent several mails to this address and all they keep saying is that the case is close and that the process of filling the DV form was not consistent with the procedure.
What else can we do and any candid advice will be appreciated. Up till now we have not been called back though his interview was this January 23, 2013.
We need a way forward as we don't want to miss this chance.

Try calling the embassy and speaking to someone with some authority and explain your situation. You probably accidentally submitted the wrong photograph with the electronic application. The position taken on such matters is the applicant alone remains responsible for insuring that all information in the entry is correct and complete. By hitting the submit button you affirm that everything is true. Therefore if the photograph on the entry of your husband is not that of your husband a refusal is plausible under INA 212 (a)(6)(C) (8 U.S.C. 1182 (a)(6)(C)) (wilful misrepresentation).

It’s the same with individuals that go through third party agents to submit DV applications on their behalf – the applicant is unable to continue and is considered to be at fault even if the agent is the one that made the mistake with any biographic data or photograph.

If the accusation of refusal of misrepresentation is made, perhaps you could look into the services of an immigration lawyer that has good working knowledge of the DV process (which is rare), merely on the basis that although you did submit the wrong photo, you claim it was not wilful.

 

[Eumudi]

Thanks a lot slash_dot for your informative opinion, we call the embassy as suggested and this option can be the answer.

 

[kazore]

this is very unfair because it's not like it was someone else photo. Unfortunately it is almost impossible to find an immigration lawyer outside of the US. Try to send a formal and very detailed letter to the consul or even better the US ambassador.