Dv lottery visa Denial based on misplaced photos

[JessDak 27]

I wouldn't rush to file a lawsuit. I'm not a lawyer but from the sounds of your case, they could easily say that they had grounds of refusing you. I personally think your best bet would be to get in contact with a person at the office and plead with them to consider your case.

Think of it like this. If you packed your suitcase to travel and it was 1 pound over the weight limit. Legally the airline could charge you their exorbitant 'overweight fee'. But chances are, many of the clerks will let you pass since its only 1 pound. Now if the clerk decided that they would charge you a fee...you don't have a legal case against them, since technically, your bag was over the weight limit. Your best bet would be to reason with the clerk to see things from your point of view.

I think this case is similar. It was such a minor and honest mistake, that I think if you got a different CO, they might have just swapped the pictures for you and let it pass. Unfortunately for you, you got somebody who strictly followed the rules. Even though they seem like they're being unfair, technically they did exactly what they were supposed to do. The issue is they didn't look at your case as a unique case, they just saw it as another application to approve or deny, and technically yours didn't meet all the strict guidelines, so you were denied.

I would recommend you ask the VJ lawyers before rushing into anything

http://www.visajourney.com/ask?utm_source=website&utm_medium=forums&utm_campaign=topic-ask

They might be able to give you some legal advice on whether or not you have a case.

[Dramer 0]

Thank you JessDak ...what you said is so reasonable and makes sense ..i will follow your advice

[SusieQQQ 11,586]

I wouldn't rush to file a lawsuit. I'm not a lawyer but from the sounds of your case, they could easily say that they had grounds of refusing you. I personally think your best bet would be to get in contact with a person at the office and plead with them to consider your case.

Think of it like this. If you packed your suitcase to travel and it was 1 pound over the weight limit. Legally the airline could charge you their exorbitant 'overweight fee'. But chances are, many of the clerks will let you pass since its only 1 pound. Now if the clerk decided that they would charge you a fee...you don't have a legal case against them, since technically, your bag was over the weight limit. Your best bet would be to reason with the clerk to see things from your point of view.

I think this case is similar. It was such a minor and honest mistake, that I think if you got a different CO, they might have just swapped the pictures for you and let it pass. Unfortunately for you, you got somebody who strictly followed the rules. Even though they seem like they're being unfair, technically they did exactly what they were supposed to do. The issue is they didn't look at your case as a unique case, they just saw it as another application to approve or deny, and technically yours didn't meet all the strict guidelines, so you were denied.

I would recommend you ask the VJ lawyers before rushing into anything

http://www.visajourney.com/ask?utm_source=website&utm_medium=forums&utm_campaign=topic-ask

They might be able to give you some legal advice on whether or not you have a case.

Not only is there no consular appeal process for DV, but legally no DV2016 visas can be issued after 30 September. In past legal cases - and these were AOS, where you can appeal - even where there has been USCIS error (which there technically has not been in this case) there has still been no visa issued as a result because the time taken to file the lawsuit pushes it beyond fiscal year end. A hollow but expensive victory - only the lawyers win.

[Dramer 0]

in the interview the co said she has no answer and this is the first time she face such an issue and she informed me that she will ask the lawyer and get back to me ..then she called me the next day and asked me to come to the Embassy then i was informed

[JessDak 27]

Not only is there no consular appeal process for DV, but legally no DV2016 visas can be issued after 30 September. In past legal cases - and these were AOS, where you can appeal - even where there has been USCIS error (which there technically has not been in this case) there has still been no visa issued as a result because the time taken to file the lawsuit pushes it beyond fiscal year end. A hollow but expensive victory - only the lawyers win.

I know that there is no appeals process, I mentioned that in a previous comment...and I said nothing about filing for an appeal in this comment that you quoted. If you re-read my comment which you quoted you will see that I asked OP not to rush into a lawsuit. But as I am not a lawyer, and I do not work at the consulate, I cannot give OP concrete evidence on what will and will not work. All I have is background experience working at insurance companies where issues like this happen all the time. People make tiny mistakes which cause them big problems. And there have been people who were able to reason with the company into reversing the damage done, not through any 'official process' but through managerial approval. I can only hope for OP's sake that there is hope for something similar in his case.

So I'm not sure what you are trying to point out here by quoting my comments.

[SusieQQQ 11,586]

in the interview the co said she has no answer and this is the first time she face such an issue and she informed me that she will ask the lawyer and get back to me ..then she called me the next day and asked me to come to the Embassy then i was informed

This is new info. So it wasn't just a harried official refusing you - they actually got an in house legal opinion, then denied you. That tells you all you need to know ...it's over.

[Dramer 0]

SUSSIE QQQ..I appreciate your effort but what you keep saying from the start of this blog is (ITS ALL OVER)

[SusieQQQ 11,586]

SUSSIE QQQ..I appreciate your effort but what you keep saying from the start of this blog is (ITS ALL OVER)

Ok, so all you want is someone to tell you go ahead, you have a chance? Well I won't be the one to give you false hope, but I have been trying to save you from spending a lot of money unnecessarily as well. However if all you want is someone to tell you what you want to hear rather than reality, so you feel justified in wasting a lot of money on a lawyer, fine, I won't look at this thread anymore, or the other one on the other forum where you also don't like what you hear from everyone there.

[Dramer 0]

Sussie dont get me wrong ..i just wanna hear more point of views that is all ..coz its easy to sit out there and say give up..no hope

[Boiler 45,549]

What would be the basis of any legal action. Perhaps a no win no fee basis would be appropriate.

[Merrytooth 5,748]

What would be the basis of any legal action. Perhaps a no win no fee basis would be appropriate.

Entering the DV lottery is free. Only pay for the visa process if selected (won the DV lottery)

The onus is on the applicant to provide correct data.

[JessDak 27]

Entering the DV lottery is free. Only pay for the visa process if selected (won the DV lottery)

The onus is on the applicant to provide correct data.

I think boiler is referring to the possible lawsuit. Working out a 'no win no fee' basis with the lawyer. So if Dramer were to form a lawsuit against the consulate he would only pay the lawyer if they win.

[Merrytooth 5,748]

I think boiler is referring to the possible lawsuit. Working out a 'no win no fee' basis with the lawyer. So if Dramer were to form a lawsuit against the consulate he would only pay the lawyer if they win.

Oh I see!

[jan22 3,056]

Sussie dont get me wrong ..i just wanna hear more point of views that is all ..coz its easy to sit out there and say give up..no hope

SuzieQQQ is the resident expert on DVs; I don't think I've ever seen a post from her that wasn't spot-on. But, okay, if that's what you want -- here's another point of view for you, then. It's all over.

There is no lawsuit that would ever be successful in a case like this. You made a mistake that resulted in applications that did not meet the requirements of the DV program. The consular officer sought and received an official legal opinion just to be sure and the refusal is clearly justified within the DV guidelines.

From the State Department's/officer's point of view (and per the requirements): What you say was a mistake in switching the photos may have been intential to conceal a variety of things, including multiple DV entries, a false identiy, etc. These areas have been serious problems in the DV program for years, causing the State Department to get really strict on things like the photos. You had a chance to review the applications (including the photos) to make sure all was okay. When you hit "Submit" you were telling the US government that all of the information was true and correct. While yours, as the principal applicant was correct, you are still responsible for all of the applicants tied to your DV entry.

[Dramer 0]

thabks Jan

all wut u said makes sense...

but where is the fraud or concealing multiple dv entries when you mismatch a 2 2 yrs and 9 month child with a woman who is 35 years

i mean 2 years and 9 months old child