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Posted

My wife and i applied dv2018 lottery. On my application i list all my children including one from my previous relationship,but on her application she omitted my son(her step son) . she she got selected but i didn't. What are the chances of us getting the visa since this was a honest mistake?

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

From the 2018 Instructions,

Quote

 

Be sure to include:

  • all living natural children;
  • all living children legally adopted by you; and,
  • all living step-children who are unmarried and under the age of 21 on the date of your electronic entry, even if you are no longer legally married to the child’s parent, and even if the child does not currently reside with you and/or will not immigrate with you.

...

Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visa applications in the case at the time of the visa interview.

 

It doesn't matter that it was an honest mistake. Completing the form incorrectly results in disqualification. Better luck next year.

Posted

As broppy said, assuming your son was under 21 at the time of the entry, this is a disqualifying mistake. The rules are very clear on this and the consular officers have no leeway on interpreting them.  Sorry to be the bearer of bad news. DV2019 entry period is currently open, can only suggest you try again and be thorough in following the instructions. 

Posted (edited)
43 minutes ago, jack72 said:

I have read in other forums that the fate lies with the consuar officer who can refer the case to visa advisory office in washington but chances are small

What you read was wrong as regards this particular rule. There is zero leeway.

Nothing to stop you going ahead with the application of course and trying, but be aware you’ll have to pay all medical exam costs and visa fees in advance and nothing will be refunded to you when your case is refused. 

Also be aware that if you’re from a country that normally requires visitor visas to the US they will be harder to get in the future as you will have demonstrated clear immigrant intent by trying to pursue the case. 

Again it’s your case and you’re perfectly entitled to try, but you should be aware of the outcome. I personally am aware of an exact similar case where the denial was pretty quick and brutal.

Edited by SusieQQQ
Posted

Advisory Opinion: An opinion regarding a point of law from the Office of Visa Services in the Department of State, Washington, D.C. This opinion would be issued in response to an inquiry from a U.S. Embassy or Consulate regarding the interpretation of immigration law, or in response to an inquiry from an applicant or his/her legal representative regarding the legal correctness of the applicant’s visa refusal.

 

https://travel.state.gov/content/visas/en/general/glossary.html#advisory_opinion

 

In this case there would be no “interpretation” of the law required and no doubt about the legal correctness of the visa refusal.

 

 

Posted
2 hours ago, BuiQuang said:

read this guy.  he no list his children on dv application.  he got green card.  now deny us citizenship cuz he lied on dv form.

 

 

And presumably jack72 wants to bring his son with to the US so he’s not going to wait till naturalization to declare he exists, they’ll put him on the DS260 and so this will be denied right at the consular interview.

  • 3 weeks later...
Posted
24 minutes ago, Kyene said:

Pls what should I do after filing the ds 260 forms thank you

 

For DV? you wait, and when your number is current you will get assigned an interview by KCC. The same page that currently has your selection letter will be updated with the interview details (you should get an email telling you the page is updated but the email itself will not have the details). Print or save the current page, and follow the links on it to in the meanwhile gather your civil documents as required.

 
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