DV immigration

[Vona 0]

My husband won in dv 2018 but he passing away few days befor his won  I send ds260 and change my status to widow . Our interview next month 

Whats your advice to me apply for the interview or it doesn't work

[JFH 12,191]

Sorry to hear about your husband.

 

As the principal selected has died, your case will be denied:

 

The 9 FAM note says this:-
9 FAM 42.33 N5.2-2 In Death of Principal Beneficiary and/or Applicant
(CT:VISA-1768; 10-31-2011)
The death of the principal beneficiary and/or applicant must result in the automatic revocation of the application. Thereafter, derivative beneficiaries are no longer entitled to the DV classification.

[Vona 0]

Even if my husband had given me general power of attorney in his life to buy and sell his will as if he do it 

Also we have one bank account  

Could I discuss it with the cosiular officier

[Boiler 45,941]

8 minutes ago, Vona said:

Even if my husband had given me general power of attorney in his life to buy and sell his will as if he do it 

Also we have one bank account  

Could I discuss it with the cosiular officier

Discuss what?

[Vona 0]

Take my husband place and immigrate with this immigration as my husband would do may be we could have an excaption  just for the children

[SusieQQQ 11,587]

7 minutes ago, Vona said:

Take my husband place and immigrate with this immigration as my husband would do may be we could have an excaption  just for the children

I’m sorry to hear about your sad news. 

 

but Unfortunately it doesn’t work like that. If the principal applicant passes away before either the visas are issued, or even after visas are issued but before the principal has entered the US, the case lapses and the derivatives can gain no benefit from the selection. Your husband’s will or power of attorney is irrelevant as far as US immigration law is concerned. JFH quoted the relevant section dealing with this.  

 

The only thing a visa interview will do now is reduce your bank balance, as you pay in advance and there is no refund for denied visas.

 

 

Edited December 17, 2017 by SusieQQQ

[Unidentified 2,930]

4 minutes ago, Vona said:

Take my husband place and immigrate with this immigration as my husband would do may be we could have an excaption  just for the children

@JFH has already answered that in in the post right underneath your original question... 

 

"9 FAM 42.33 N5.2-2 In Death of Principal Beneficiary and/or
Applicant
(CT:VISA-1768; 10-31-2011)
The death of the principal beneficiary and/or applicant must result in the
automatic revocation of the application. Thereafter, derivative beneficiaries are no
longer entitled to the DV classification."

 

https://dvlotterystategov.us/images/pdfs/87838.pdf

[Crazy Cat 42,062]

37 minutes ago, Vona said:

Even if my husband had given me general power of attorney in his life to buy and sell his will as if he do it 

Also we have one bank account  

Could I discuss it with the cosiular officier

"Powers of attorney do not survive death. After death, the executor of the estate handles all financial and legal matters, according to the provisions of the will. An individual can designate power of attorney to his attorney, family member or friend and also name that same person as executor of the estate. When an individual assigns power of attorney to an agent, that agent represents him in life. When the individual names an executor of his estate in his will, that agent represents him in death. "

 

I'm sorry for your loss. 

 

 

Edited December 17, 2017 by missileman

[SusieQQQ 11,587]

 

4 minutes ago, missileman said:

"Powers of attorney do not survive death. After death, the executor of the estate handles all financial and legal matters, according to the provisions of the will. An individual can designate power of attorney to his attorney, family member or friend and also name that same person as executor of the estate. When an individual assigns power of attorney to an agent, that agent represents him in life. When the individual names an executor of his estate in his will, that agent represents him in death. "

 

I'm sorry for your loss. 

 

 

Even if it did survive death it wouldn’t matter in this case. You can’t pass an immigration benefit to someone through POA.

[JFH 12,191]

39 minutes ago, Vona said:

Even if my husband had given me general power of attorney in his life to buy and sell his will as if he do it 

Also we have one bank account  

Could I discuss it with the cosiular officier

Asking the same question or variations thereof doesn't change the answer, I'm afraid. 

 

It is unfortunate that the case has ended. You can try again next time (or as many times as you wish) if you are eligible. If you have a qualifying relative in the USA they can petition for you. And the usual rules for work visas apply. 

 

Other than that, you have no options. 

[Vona 0]

Are there any exception just for human conditions 

 

[Boiler 45,941]

5 minutes ago, Vona said:

Are there any exception just for human conditions 

 

Like what?

[SusieQQQ 11,587]

7 minutes ago, Vona said:

Are there any exception just for human conditions 

 

No exceptions for anything, as far as DV is concerned. You may want to look into some other types of visas like refugee or whatever depending what you mean by “human conditions”.

[Vona 0]

So why I received the second letter it would be more easier for me if I haven't receive it

How the KCC consular officer deal with the case then tell me about the interview

[Boiler 45,941]

23 minutes ago, Vona said:

So why I received the second letter it would be more easier for me if I haven't receive it

How the KCC consular officer deal with the case then tell me about the interview

We know how they will deal with it, begs the question if you have advised the Consulate of the death?