One family member rejected at DV Lottery interview

[Jeanne Adil 1,651]

9 hours 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. 

you answered your own question

 

DV lottery rules for interview as follows

 

EVIDENCE OF REQUIRED EDUCATION OR WORK EXPERIENCE: The principal applicant must submit a certified copy of a school diploma confirming successful completion of secondary or higher education; OR documentary evidence of two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. Only the principal applicant is subject to this requirement. The U.S. Department of Labor’s O*Net OnLine database will be used to determine qualifying work experience.

 

source is

https://travel.state.gov/content/dam/visas/Diversity-Visa/dv-supplemental/RGA - Riga.pdf

[Michael2017 368]

3 minutes ago, adil-rafa said:

you answered your own question

 

DV lottery rules for interview as follows

 

EVIDENCE OF REQUIRED EDUCATION OR WORK EXPERIENCE: The principal applicant must submit a certified copy of a school diploma confirming successful completion of secondary or higher education; OR documentary evidence of two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. Only the principal applicant is subject to this requirement. The U.S. Department of Labor’s O*Net OnLine database will be used to determine qualifying work experience.

 

source is

https://travel.state.gov/content/dam/visas/Diversity-Visa/dv-supplemental/RGA - Riga.pdf

he is the husband, not the winner of the lottery so this is wrong.

 

I wonder if the others got their visa after a week or so or all had to wait until AP was finished?

[SusieQQQ 11,586]

57 minutes ago, SonaMartirosyan said:

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. 

This is an important piece of information and I actually alluded to this earlier butyou didn’t respond to that post before. So it still could be something serious but this also raises the possibility that they ran out of visa numbers. If the wife and child were approved immediately their visa numbers would have been set aside for them.  With AP going beyond a month end, the visa number gets returned to KCC and then a new one has to be requested if and when the case is finally approved. We’ve seen some reports, on this and other forums, of such people being told there is no new visa number available for them. If this is all it is then she will be able to file for him as soon as she lands as an LPR without worrying about bans, waivers etc. IF.

 

 

17 minutes ago, adil-rafa said:

you answered your own question

 

DV lottery rules for interview as follows

 

EVIDENCE OF REQUIRED EDUCATION OR WORK EXPERIENCE: The principal applicant must submit a certified copy of a school diploma confirming successful completion of secondary or higher education; OR documentary evidence of two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. Only the principal applicant is subject to this requirement. The U.S. Department of Labor’s O*Net OnLine database will be used to determine qualifying work experience.

 

source is

https://travel.state.gov/content/dam/visas/Diversity-Visa/dv-supplemental/RGA - Riga.pdf

Not needed for derivatives.  See the bits in your extract above I bolded...

Edited July 28, 2018 by SusieQQQ

[Jeanne Adil 1,651]

10 minutes ago, Michael2017 said:

he is the husband, not the winner of the lottery so this is wrong.

 

I wonder if the others got their visa after a week or so or all had to wait until AP was finished?

he still must pass the interview and have these abilities / if this was not required they would not interview him 

they would only interview her and he would sutomatically go along but he must also pass the standards  / that was addressed 4 years ago by immigration

Edited July 28, 2018 by adil-rafa

[SusieQQQ 11,586]

1 minute ago, adil-rafa said:

he still must pass the interview and have these abilities 

Wrong, he is not principal, he doesn’t need to fulfil the DV eligibility requirements. He must of course fulfill the normal immigrant visa requirements re criminal record, medical etc.

[SonaMartirosyan 66]

2 hours ago, Michael2017 said:

he is the husband, not the winner of the lottery so this is wrong.

 

I wonder if the others got their visa after a week or so or all had to wait until AP was finished?

Other members got approved after a week, only the husband had to undergo administrative processing

[Usagi_tsukino 89]

Or they just made a mistake. Strongly disagree with someone who said they you have a feeling after interview. I always had great feelings and there was no problems with my case yet many mistakes were made on my case by the officer/interviewer (i did not win a gc and talking about aos but it's not the point). They are people too, could have missed something, misinterpret something.... Hope it resolves well for your friend.

[SonaMartirosyan 66]

Just now, banana_princess said:

Or they just made a mistake. Strongly disagree with someone who said they you have a feeling after interview. I always had great feelings and there was no problems with my case yet many mistakes were made on my case by the officer/interviewer (i did not win a gc and talking about aos but it's not the point). They are people too, could have missed something, misinterpret something.... Hope it resolves well for your friend.

Thanks a lot! I will update over here as well. 

[SusieQQQ 11,586]

Well yes it might be a mistake but that probably happens in less than a percent of cases, especially where other family members are approved. I understand why you keep focusing on people who are suggesting it’s an error but honestly I think you’re clutching at straws.

 

let us know if he gets a letter or email at some point that is some form of the one below.. which I suspect it will be, seeing as if he’s been on AP for 3 months then his initial interview would obviously have been before July. (I bolded the critical sentence so that you don’t miss it .) If this is the case then the bad news is he probably won’t get a DV visa, the good news will be that he’s not inadmissible as an immigrant and his wife can sponsor him in due course.

 

——

 

The Congressionally-mandated Diversity Immigrant Visa Program makes available up to 55,000 diversity visas (DV) each year, drawn from random selection among all entries, to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States.

 

The Department of State in Washington informed U.S. consular sections worldwide to halt processing DV cases whose initial appointment was scheduled prior to July 2018 .

 

We regret at this moment we are unable to continue processing of your DV 2018 application, however in September 2018 please check the visa bulletin(https://travel.state.gov/contel/en/legal/visa-law0/visa-bulletin.html) for information regarding DV visa number availability. Visa application and associated fees cannot be refunded.  In September 2018 we will review all DV 2018 case files and return passports and original civil documents through the courier service.

 

Selectees for DV 2018 who did not receive a visa may enroll again for the DV 2020 program in the fall of 2018. 

Edited July 28, 2018 by SusieQQQ

[Sm1smom 252]

3 hours ago, adil-rafa said:

he still must pass the interview and have these abilities / if this was not required they would not interview him 

they would only interview her and he would sutomatically go along but he must also pass the standards  / that was addressed 4 years ago by immigration

 

Nope, not true. DV derivatives are NOT required to meet the work or educational requirements, that is for the selectee alone to meet.

 

Unless the selectee cross charged to the spouse’s country of eligibility which will require both the selectee and spouse derivative to meet the work/educational requirements, and that’s not the case in this particular situation. If that were the situation, they will both be denied if the spouse does not meet that requirement. 

[Sm1smom 252]

And I doubt they made a mistake as alluded above considering the husband was put on AP from the beginning. It’s either the husband was unable to overcome whatever it was that resulted in his being put on AP to start with and the embassy had no choice but to deny, or he cleared AP but there’s no more visa like Susie already explained above. His reserved visa, when interview was conducted, was returned to KCC at the end of his interview month because his AP was still pending and they’re unable to get a new visa from KCC upon AP completion. This is not unusual. 

[geowrian 22,337]

Possibly background checks? Has he traveled to certain "high risk" areas? Does he work in certain STEM fields?

Edit: This assumes the case is still actually in AP and the case status is just showing refused (i.e. 221g).

Edited July 28, 2018 by geowrian

[SusieQQQ 11,586]

10 minutes ago, geowrian said:

Possibly background checks? Has he traveled to certain "high risk" areas? Does he work in certain STEM fields?

Edit: This assumes the case is still actually in AP and the case status is just showing refused (i.e. 221g).

Can’t be certain about every case but for DV it’s usually AP for AP and refused means final refusal. OP indicated the husband had actually previously been on AP too... once she clarified that I’m thinking that (assuming he genuinely doesn’t have a clear reason for denial) he’s at the wrong end of the limited number of DV visas available per FY.

[geowrian 22,337]

1 minute ago, SusieQQQ said:

Can’t be certain about every case but for DV it’s usually AP for AP and refused means final refusal. OP indicated the husband had actually previously been on AP too... once she clarified that I’m thinking that (assuming he genuinely doesn’t have a clear reason for denial) he’s at the wrong end of the limited number of DV visas available per FY.

Definitely possible...just adding to the speculation here.

[SonaMartirosyan 66]

Dear All, thank you for discussions. The DV lottery visa was rejected under 221 a 2, (A)(2) - drug offense, while the winner and her child were told that the embassy ran out of visa numbers, and by Sep 30, they will be notified if they get the visa or not. Considering that their interview was May 3, and many people were approved after that date, I assume that this rejection had an impact on their case as well. And one more question, in case the winner gets a visa, are there any chances of bringing the husband with this rejection to the US? Once again thanks a lot