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visa refusal

zantana

New Member
we are a family and my wife was selected for DV2016. After submitting all the necessary documents, the interviewer kept the original school documents by saying that she would check them. she requested us to provide public charge concern which was later sent by DHL. But exactly after 2 months of the interview we received an email saying visa refusal under section 212(a)(5)(A) INA. After asking for clarification, we were informed that the high school documents of my wife were not authentic and advised to provide verifiable documents in future. we know all our documents are genuine but the embassy could not verify them because of its relationship with my country. we are heart broken knowing that we are genuine applicants. what could be done? do you think appealing or legal procedure works? thank you for your advises.
 
As I already explained to you on my blog, there is no formal appeal process. So - you can try to see if the embassy will accept other proof and reconsider your case but if they won't do that, you have no legal recourse.
 
As I already explained to you on my blog, there is no formal appeal process. So - you can try to see if the embassy will accept other proof and reconsider your case but if they won't do that, you have no legal recourse.

Hello Simon,
thank you for your reply. I did not see your response on your blog as I dont know where my post in the blog is. But if you wrote more informatin please feed more. thank you.
 
Thank you Simon. But there is a suggestion that as they could not verify the school documents, is it possible to consider for a waiver or petition putting into consideration that my partner is a doctor with a full support of our sponsor? thanks again.
 
Thank you Simon. But there is a suggestion that as they could not verify the school documents, is it possible to consider for a waiver or petition putting into consideration that my partner is a doctor with a full support of our sponsor? thanks again.

Unfortunately there's no applicable waiver in this case. Like Simon said, your option would be to contact the embassy to see if they will be willing to look at your spouse's other educational documents (she obviously has higher degrees if she's a doctor). You could also request for them to consider your wife based on work experience (assuming she's been working for at least two years in the past 5 years and you have enough documented/verifiable evidence to support that claim). Of course there's no guarantee they will be willing to review or reconsider the case.
 
Thank you Simon. But there is a suggestion that as they could not verify the school documents, is it possible to consider for a waiver or petition putting into consideration that my partner is a doctor with a full support of our sponsor? thanks again.

Agree with what Mom said above.

Considering your wife was obviously academically qualified, it's a pity you did not "over-prepare" by taking additional qualifications and evidence of her work. That would have avoided the refusal in the first place perhaps.
 
But exactly after 2 months of the interview we received an email saying visa refusal under section 212(a)(5)(A) INA. After asking for clarification, we were informed that the high school documents of my wife were not authentic and advised to provide verifiable documents in future. .

I'm slightly confused by the wording of this (bold). Is this a permanent refusal, or is it an "administrative processing" refusal whereby presentation of verifiable documents will result in the visa being granted?
 
Thank
Unfortunately there's no applicable waiver in this case. Like Simon said, your option would be to contact the embassy to see if they will be willing to look at your spouse's other educational documents (she obviously has higher degrees if she's a doctor). You could also request for them to consider your wife based on work experience (assuming she's been working for at least two years in the past 5 years and you have enough documented/verifiable evidence to support that claim). Of course there's no guarantee they will be willing to review or reconsider the case.
Thank you
 
You can sue through a lawyer, but the chance of winning is very small. Although there have been cases of winning the case and then given a visa. But they are rare.I also know of cases of refusal of visas because of fraudulent documents. The applicant went every day and begged for a visa. But it is useless.
Ask here for the exact answer. http://www.avvo.com/topics/green-card-lottery
 
You can sue through a lawyer, but the chance of winning is very small. Although there have been cases of winning the case and then given a visa. But they are rare.I also know of cases of refusal of visas because of fraudulent documents. The applicant went every day and begged for a visa. But it is useless.
Ask here for the exact answer. http://www.avvo.com/topics/green-card-lottery

Can you provide more insight into a DV based CP case that got denied but successfully sued and ended up getting a visa?
 
we are a family and my wife was selected for DV2016. After submitting all the necessary documents, the interviewer kept the original school documents by saying that she would check them. she requested us to provide public charge concern which was later sent by DHL. But exactly after 2 months of the interview we received an email saying visa refusal under section 212(a)(5)(A) INA. After asking for clarification, we were informed that the high school documents of my wife were not authentic and advised to provide verifiable documents in future. we know all our documents are genuine but the embassy could not verify them because of its relationship with my country. we are heart broken knowing that we are genuine applicants. what could be done? do you think appealing or legal procedure works? thank you for your advises.

INA 212 a(5)(A) is a denial for lack of a labor certification, which doesn't fit with a DV application ... something is missing from the facts or it may be a wrong citation. That statute has nothing to do with DV - under INA §212(a)(5)(A), an alien seeking entry for the purpose of seeking skilled or unskilled labor is excludable in the absence of an approved labor certification. This ground of exclusion applies to the second and third employment-based preference categories.
 
INA 212 a(5)(A) is a denial for lack of a labor certification, which doesn't fit with a DV application ... something is missing from the facts or it may be a wrong citation. That statute has nothing to do with DV - under INA §212(a)(5)(A), an alien seeking entry for the purpose of seeking skilled or unskilled labor is excludable in the absence of an approved labor certification. This ground of exclusion applies to the second and third employment-based preference categories.

This is the correct refusal for a DV case. It appears they use this as a catch all but there are some specific notes about education/work experience denials being refused under 212(a)(5)(A).

9 FAM reads:-

(Previous location: 9 FAM 42.33 N8.1; CT:VISA-910 10-23-2007)

(1) No Labor Certification: The labor certification requirement of INA 212(a)(5) does not apply to applicants applying as DV immigrants. Applicants, however, who do not meet the education requirement, must meet the work experience requirement of two years of experience in an occupation which requires at least two years training or experience within the five-year period immediately prior to application.


And also...

(Previous location: 9 FAM 42.33 N9.1; CT:VISA-1768 10-31-2011)

(2) Labor Certification Refusals: Any applicant for a DV visa who fails to establish that they possess the requisite qualifications, including a valid entry for participation in the DV program, is ineligible under INA 212(a)(5)(A)(i). It is not appropriate to refuse a DV applicant under INA 212(a)(5)(A)(i) when a fraud investigation is needed before determining whether an applicant is qualified for a DV (e.g., if you suspect that the DV applicant does not possess the requisite education or work experience or if you suspect that the DV derivative applicant does not possess the requisite relationship to the DV principal applicant). In those cases, you must refuse the application under INA 221(g) pending the outcome of a fraud investigation.
 
This is the correct refusal for a DV case. It appears they use this as a catch all but there are some specific notes about education/work experience denials being refused under 212(a)(5)(A).

9 FAM reads:-

(Previous location: 9 FAM 42.33 N8.1; CT:VISA-910 10-23-2007)

(1) No Labor Certification: The labor certification requirement of INA 212(a)(5) does not apply to applicants applying as DV immigrants. Applicants, however, who do not meet the education requirement, must meet the work experience requirement of two years of experience in an occupation which requires at least two years training or experience within the five-year period immediately prior to application.


And also...

(Previous location: 9 FAM 42.33 N9.1; CT:VISA-1768 10-31-2011)

(2) Labor Certification Refusals: Any applicant for a DV visa who fails to establish that they possess the requisite qualifications, including a valid entry for participation in the DV program, is ineligible under INA 212(a)(5)(A)(i). It is not appropriate to refuse a DV applicant under INA 212(a)(5)(A)(i) when a fraud investigation is needed before determining whether an applicant is qualified for a DV (e.g., if you suspect that the DV applicant does not possess the requisite education or work experience or if you suspect that the DV derivative applicant does not possess the requisite relationship to the DV principal applicant). In those cases, you must refuse the application under INA 221(g) pending the outcome of a fraud investigation.
Interesting. Thank you for sharing.
 

Okay, sloner, I did go through your link (thanks for providing it) and found a couple of DV cases. However, not a single one of those DV cases, or the other none DV based CP cases, supports your suggestion about the possibility of a CP case being able to sue following a visa denial, be it wrongly denied or not. All the link shows is the possibility of a lawyer contacting an embassy and requesting a review of a denied decision, not that they successfully sued on behalf of any of their listed clients/cases. And frankly speaking, I find the claims of some of those listed cases rather bogus.
 
Hi,good afternoon for the great job doing may the good Lord bless u all.
I am 2018 Dv winner but I was denied a b2 visa 2016 wen I was married that time,sept 2016 I officially divorce with my wife with divorce cert from court,Oct 2016 I prayed the lottery and may 2017 I recorded win but on the original entry I did it single instead of divorce or separate.now here comes my qtn 1. Will that affect my chance of getting visa?
I completed high school with though financial difficulties so I couldn't write all cos I was owning school authority during my final exams,2013 I sat for entrance axams which help me get my diploma cert and wrote another high school exams again 2017 with very good result
qtn can that qualifies me for the educational requirement? And which of the cert do I carry to the embassy?Tanks
 
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