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visa denied after interview

S

Studio

Registered Users (C)
I just got a call this morning from your embassy in Dublin saying that my dv visa application has been denied due to the fact that I entered the lottery with a country different from my country of birth. I have dual nationality, both of which are eligible. I had written them when I received my notification letter from you asking for their advice and instead they called me back and asked me to proceed with the processing of the lottery which I had won.

Could you please advice me as I had explained to the embassy staff with whom I spoke that I have a dual nationality. I was born in Africa but entered the lottery as European whose nationality I have. In the time of the lottery, I had stated this. I then asked the embassy staff if I should go ahead to process the win and was advised to do so. My question now is why my visa was denied although I was advised to proceed with the processing.
 
this is the first time i hear that they called someone after the interview. why didn't they tell you that in the embassy, right after the interview?

when the interview was over they said everything was fine and then just called and said you were denied?

just in case you were really denied - you cannot claim chargeability just by being a citizen of a country. your wife or your parents have to be born there.
 
i'm really sorry for what happened to you... but i think no matter what they told you in the first place, they have every right to disqualify your entry since you did make a mistake on you application which was clearly laid out in the instructions as a ground for disqualification.

as for why they asked you to proceed in the first place, the person who told you so might have made a mistake, maybe s/he was not fully informed of the formalities of the DV lottery, s/he might be new to the job, so on... there could be numerous possible reasons but you have to realize that an error on their part does not nullify your mistake. Maybe you can ask them for a refund since they shouldn't have processed your entry in the first place, but I'm not sure what else you can do. Good luck!
 
Thanks for replying. How can I go about asking for the refund. At the time of entry, I did not really think it was a mistake as I thought that if I have a dual citizenship I could use any of them since they are both eligible.
 
Studio I'm sorry to hear about this. It is impossible to get a refund since it is the applicant's responsibility to ensure that his application is in order and follows the rule of the lottery. They really had no other choice. I notice that the people you talk to when you call usually just give very general info and rightfully so since only the consular officer can make a decision on a case. I wish the KCC had caught your mistake before you spent all that time and money.
 
Sorry to hear what happened.

Page 1-3 on the following will give you the legal basis why they denied the visa. (applicants need to know these since burden of proof is yours, cant blame information officers)

http://www.state.gov/documents/organization/87838.pdf

N4.3 may have applied to your benefit had both countries were in the same region, but it is not in your case.

There is another danger of 'loosing more money' unknowingly by you in the future.....DO NOT TRY APPLY FOR STUDENT OR VISITOR VISA TO USA, this is 'cos you have already demonstrated 'immigrant intent'. If you do, you have a 'greater chance' to be denied and loose your application fee again!
However.......It is a bit gray area, if you have to apply for such a visa in the future make sure you get GOOD legal advise.
This do not apply for dual intent visas like H,L etc.
 
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I'm sorry but it clearly states that you need to use the country of birth not the country of citizenship. So if you were born in Africa you had to use your country in Africa, not Europe. Refund is not possible neither as it is also stated clearly. You should have been more careful.
 
Hi, I made a call to kcc today and was told that kcc do not get involved in visa issues. Their only job according to the officer I spoke with is to process the lottery and the rest lies with the embassy. But my embassy had told me in the morning that they had gone to kcc for visa number allocation before they made the discovery. So I do not know who or what to believe. i will appreciate if any one has any contact with whom I can talk. I have a family of five and between medical exam and the interview, I have spent about 5,000 euro
 
Studio said:
Hi, I made a call to kcc today and was told that kcc do not get involved in visa issues. Their only job according to the officer I spoke with is to process the lottery and the rest lies with the embassy. But my embassy had told me in the morning that they had gone to kcc for visa number allocation before they made the discovery. So I do not know who or what to believe. i will appreciate if any one has any contact with whom I can talk. I have a family of five and between medical exam and the interview, I have spent about 5,000 euro
Click to expand...

The instructions for DV program was clear and I am not sure WHY anyone would miss it ! (http://travel.state.gov/pdf/T1026V-DV-2010bulletin(3).pdf Page 4)
Those are in place for a reason......"to have a level playing field"

What I think happened was, they may have 'approved' your case and at the time the officer request a visa number on their online automated system (I am guessing here , but I am sure it is the case) he needs to clearly mention the 'COUNTRY OF CHARGEABILITY', this may be where he/she may have dbl checked facts and found out the mistake !!

Sure, things may need to be more humane and people more considerate, but this is how the 'bureaucracy' work all over the world, especially with US immigrations (Go through the other family based or job based AoS forums and see how many heart wrenching CASES you will find, you lost $5k, some people loose their whole 'way of life' as they know it and has to leave US for good , for small yet irrevocable mistakes in their applications, and worst is when that error is done by the lawyers they have hired!! I am no way belittling your loss, but just mentioning the facts)

The application fees are non-refundable, when you sign/submit it that is one of the understandings, I hope you will understand.
For what ever its worth, write an appeal to the Ambassador and see what happen. Do not have high hopes, but do it anyways and see.

Peace!!

PS: I am sure you will understand I am not giving you false hopes by asking to write an appeal, but just preparing you for a 'long shot'.
In your appeal clearly mention the confusion you had when entering since you are dual national and both countries are eligible. At the end give them an option for them to consider.....which is....draw their attention to the FACT that few thousands of DV visas go waste every year at the end of Sept. Ask them to hold your case OPEN till the end of the fiscal year, and at the last moment whether they could issue you visas from those otherwise go waste. Ask them to forward your appeal to people at KCC or DoS in US for review. Good Luck!
 
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Sad story indeed, I do hope you can work it out.

I don't understand one thing, you said the KCC called you back telling to proceed the proces. Why did you not ask for written (or e-mail) confirmation of that? Now you have no proof that they told you that. If you do have written proof, write a letter and make sure you sent that along. You might not get approved but there might be a small chance you will get your money back.
 
Sorry to say a similar thing...Eligibility comes from the country you or your parents were born...not the country of citizenship.

Your only chance is hiring a lawyer with experience in this field...but it will cost you even more money and no guarantee whatsoever.

On top of that you are risking the deadline of Sept. 30th 2010...and in appeals the time can be your worst enemy, but it is still May...

It is totally up to you if you want to risk losing more money or perhaps spending more money and getting the GC....nobody can answer that question.

You see how important it is to fill out the entry form correct and not gamble...and when you noticed your mistake you still had a chance to back out and re-enter the next year without wasting any money...you gambled and lost which is sad, but todays reality and now you have a difficult decision to make. I wish you the best of luck in the difficult decision you can only make with your family.
 
Sorry again it is a sad story indeed. As most of the people said here the rules to participate is clear from the start.
I think the problem is they may think that you gave this on purpose because almost all europeans numbers go on interview and it is not the case of course for african numbers. And of course there is no refund
 
The place of birth was correctly filled but I chose my country of chargeability to be the country in which I am naturalised. That is the problem. At the time of entry, I thought that I am chargeable to the country of naturalisation. It is on this basis that they are disqualifying me.
 
It is all in the rules and regulations and they are very clear...maybe you have a slight chance but it will cost you money for a lawyer as I described before with no guarantee on success.

I do have to say you are very brave to have written your post and opening your self up for negative responses. IMo you better try your luck next year. I don't think this denial will affect any other visa application, since this one is based on entering with a wrong country instead of being denied for serious other reasons. which is the only positive thing so far for you...Sorry.
 
It is hard to accept your issue. But do not worry apply for the upcoming lottery and you will win. This time luck will surely favor you.All the best!
 
Studio said:
The place of birth was correctly filled but I chose my country of chargeability to be the country in which I am naturalised. That is the problem. At the time of entry, I thought that I am chargeable to the country of naturalisation. It is on this basis that they are disqualifying me.
Click to expand...

Sorry to say that, they were perfectly right to disqualify you and what chargeability means is crystal clear stated in the rules that are published on the website. Your 5,000 Euros are gone :(
 
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