One family member rejected at DV Lottery interview

[SonaMartirosyan 66]

My friend's family won DV Lottery 2019. The interview went smooth, but today in the website we saw that one family member (the husband) got rejected. They haven't collected the passports yet, so they are unaware if the wife's and child's visa is also annulled. Question

1. Is it possible that only certain family members get DV visa (wife and the child)?

2. If yes, will she be able to file for the family bonding once she is naturalized?

Thank you in advance

[Sm1smom 251]

Is the wife the DV selectee? If yes, then it’s possible for her and her child to be approved while the husband is denied. 

 

Depending on why the husdand band was denied, she may be able to sponsor him after she enters the US as a LPR, and not necessarily wait until she naturalized which is at least five years after she becomes a LPR. 

 

By by the way, if the family already interviewed they won DV2018, not 2019. 

[Roel 7,192]

Depending who actually won the lottery. If the husband was a winner and family was dependants then all of them won't receive a visa. 

[SonaMartirosyan 66]

Thank you! yes, the wife was the winner! We don't know the reason yet why he got rejected. Sorry for the typo, yes they are DV Lottery 2018 selectees.

[Roel 7,192]

 The wife can go. She can sponsor the husband when she receive her green card though the process takes over 2 years at least. 

 

Unless the husband has a ban or whatever that got him denied the visa from lottery.  Must have been something serious and that needs to be checked. 

[SusieQQQ 11,586]

52 minutes ago, SonaMartirosyan said:

Thank you! yes, the wife was the winner! We don't know the reason yet why he got rejected. Sorry for the typo, yes they are DV Lottery 2018 selectees.

The most obvious reasons for a derivative would be a criminal record, past US immigration violations, or problem with medical such as TB, though presumably he would know about the existence of the first two and the doctor would have informed him of a problem with the last. The process of sponsoring him will depend on why he is inadmissible and whatever process might be involved in overcoming that inadmissibility. 

 

(I’m assuming here that the problem is with him and not something more general like visa numbers running out. Had a couple of reports on that for people with rescheduled interviews/who had been on AP a while. No mention of those factors made here.)

 

[TNJ17 1,329]

The wife and family can go if she was the winner. If it was him, no one is going. He probably knows why he as refused. You always leave the interview knowing or having some idea. He’s probably not saying. If whatever it is that got him a denial isn’t something that makes him ineligible his wife can apply for him after she gets her greencard. It will take a long time though. I believe the wait for that is 10 years. I’m not sure.

[SonaMartirosyan 66]

Thank you so much for the reply! will wait for the passport and the real reason why he got denied. Actually, he had a medical condition (Hepatitis C), which was cured, but it was reported during the medical checkup.

[geowrian 22,337]

1 hour ago, TNJ17 said:

If whatever it is that got him a denial isn’t something that makes him ineligible his wife can apply for him after she gets her greencard. It will take a long time though. I believe the wait for that is 10 years. I’m not sure.

Spouse of an LPR is F2A, which is about 2 years + NVC & embassy processing times.

[SusieQQQ 11,586]

5 hours ago, SonaMartirosyan said:

Thank you so much for the reply! will wait for the passport and the real reason why he got denied. Actually, he had a medical condition (Hepatitis C), which was cured, but it was reported during the medical checkup.

Hep C is not grounds for exclusion even if it’s not cured.

https://www.cdc.gov/immigrantrefugeehealth/exams/medical-examination-faqs.html#5

 

 

Edited July 28, 2018 by SusieQQQ

[SonaMartirosyan 66]

3 hours ago, SusieQQQ said:

Hep C is not grounds for exclusion even if it’s not cured.

https://www.cdc.gov/immigrantrefugeehealth/exams/medical-examination-faqs.html#5

 

 

That's really weird. I assume then they considered him a potential public charge, since he has never worked, and studied anywhere. 

[SusieQQQ 11,586]

43 minutes ago, SonaMartirosyan said:

That's really weird. I assume then they considered him a potential public charge, since he has never worked, and studied anywhere. 

That makes no sense either as they look at public charge as a family unit for something like this. It’s not something that they would let her in and not him on.

I would tend to agree with someone above that he knows but is not saying. So- some speculation here:  Is he a habitual drug user? I didn’t know anything about hep C before, but it seems drug use (with needles) is the most common way to get it. Being a habitual naroctics user will certainly be a bar, and I don’t know if his wife would ever be able to sponsor him down the line if this is the case. Or: did the wife actually see his police record and knows for sure it’s clean?  Although I would think if that was the case it would have been mentioned in the interview, you said it went smooth. Bottom line is that they really need to find out why he was refused to find out if being able to sponsor him at some stage is possible.

Edited July 28, 2018 by SusieQQQ

[Roel 7,192]

Was the husband previously in the US on any visa? Overstay? Illegal work? Anything he has done but lied about on the paperwork? 

 

I just think it might be something pretty serious seeing how he was the only one denied from the whole family. And if it was, then the chances of him being able to ever move to the US might be slim. 

[Michael2017 368]

Also, the system does not always show the correct status. It could be that he is approved but online status is wrong.

[SonaMartirosyan 66]

He is never been to the US before, so hopefully it is the system, even though he was the one whose status was under "Administrative Processing" for over 3 months, as for the other member, their status was "Ready" after a week.