Wrong country of chargeability

[Alex90 0]

Hi.I was born in armenia but i am spanish citizen.On the inicial entry I did error and put Spain the country of chargeability but i had to put armenia because I was born in armenia.in two weeks I will have my interview in usa embadsy in madrid.what do you think i will be aprove or denied???thanks

[SusieQQQ 11,587]

Armenia and Spain both fall under Europe, and selection is based on region so you should be OK even with the error. If the countries had fallen under different regions then it would be a disqualification.

 

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

 

9 FAM 42.33 N4.3 Errors in Choice of Country of Chargeability (CT:VISA-1478; 08-26-2010)

If the entrant chooses the wrong country of chargeability at the time of the initial entry, the error will generally be disqualifying. However, if a DV applicant chooses a country of chargeability during DV registration that is within the same geographic region (one of the six) as the correct country of chargeability, and you determine that the applicant gained no benefit from his or her error, you may continue processing the application.

[Alex90 0]

Thanks

[Darko 0]

On 6/12/2019 at 8:52 PM, Alex90 said:

Hi.I was born in armenia but i am spanish citizen.On the inicial entry I did error and put Spain the country of chargeability but i had to put armenia because I was born in armenia.in two weeks I will have my interview in usa embadsy in madrid.what do you think i will be aprove or denied???thanks

Hi Alex,

 

Have you received your visa in the end?

[xoyemopu 0]

On 6/13/2019 at 1:46 AM, Alex90 said:

Thanks

Hey
can you provide information about your final situation with visa?

 

[ultrasoul 57]

@xoyemopu @Darko I can confirm what SusieQQQ. I was a DV 2013 lottery winner and use the incorrect country of chargeability- thankfully my birth country (the one I should have chosen) and my country of citizenship (the one I incorrectly specified on my DV application) were from the same region.

 

Per the department of state’s foreign affairs manual FAM, this is not grounds for disqualification. I was so worried and engaged an immigration lawyer but in the end the AOS interview (I was already in the US so no NVC or console processing) was smooth and easy. 

Edited May 9, 2020 by ultrasoul

[fs2439 46]

@ultrasoul what is the process when you are already in the us? Do you need to submit a ds260?

I already have a pending aos and combo card. I wonder if I'd be able to transfer it to the dv...

[ultrasoul 57]

@fs2439 your question doesn't make any sense. If you already have a pending aos I-485 from another application (assuming it's family based or employment), that means your other application was already current.

 

In that case, you shouldn't bother with the DV application- the processing time for a DV AOS isn't going to be materially faster than an AOS from a family based/ employment based preference.

 

If however your other in progress AOS is denied then your DV AOS can be another track you can embark on getting a green card

[SusieQQQ 11,587]

52 minutes ago, ultrasoul said:

the processing time for a DV AOS isn't going to be materially faster than an AOS from a family based/ employment based preference.

It is if they have the same start point (DV AOS is processed faster because of the sunset clause), but if you have another AOS in process and you haven’t even been selected in DV yet, then yes it’s unlikely to be faster.

[ultrasoul 57]

41 minutes ago, SusieQQQ said:

It is if they have the same start point (DV AOS is processed faster because of the sunset clause), but if you have another AOS in process and you haven’t even been selected in DV yet, then yes it’s unlikely to be faster.

@SusieQQQ your point is valid.

 

When my lawyer submitted my DV based AOS package back in 2013, he called out the urgency of DV processing on the AOS cover page in bold and large font to alert the FO three need time sensitive processing. From when the AOS package was received by the USCIS lockbox to the Boston FO interview was roughly 60 days for us.

 

Another relative's family based I-485 based on marriage to USC CR6 recently in Q4 201o at the Brooklyn FO was also 60 days from USCIS lockbox receipt to FO interview without any expedite request

 

But agreed with your point- based on the processing timelines most FO take 6 months to 2 years for AOS interview. My mother's Greenville SC FO was close to a year without expedite.

 

I think the OP would have to weigh the benefit of having a green card earlier by XX months (depending on the OP's FO AOS processing time) versus having to repay a fresh new set of AOS fees for the DV AOS ($1140 + $85 biometric + $330 DV DOS fee)

 

IMO if one already has an I-485 pending and then wins the DV lottery, there's no point in continuing the DV processing

Edited May 25, 2020 by ultrasoul

[fs2439 46]

I dont know that my i140 will be approved, or approved without an rfe. 

 

I was just wondering if I could transfer the aos to the DV of selected and what that process is.

 

Personally, I think my question makes sense

[Just Paul 4,595]

1 minute ago, fs2439 said:

I was just wondering if I could transfer the aos to the DV of selected and what that process is.

 

Personally, I think my question makes sense

Uhhhhh nothing has to make sense in a bureaucracy.  Nonsense is part of of the definition.

 

You can't change the AOS from one type to another.  You can always file another.

[SusieQQQ 11,587]

1 hour ago, ultrasoul said:

@SusieQQQ your point is valid.

 

When my lawyer submitted my DV based AOS package back in 2013, he called out the urgency of DV processing on the AOS cover page in bold and large font to alert the FO three need time sensitive processing. From when the AOS package was received by the USCIS lockbox to the Boston FO interview was roughly 60 days for us.

 

Another relative's family based I-485 based on marriage to USC CR6 recently in Q4 201o at the Brooklyn FO was also 60 days from USCIS lockbox receipt to FO interview without any expedite request

 

But agreed with your point- based on the processing timelines most FO take 6 months to 2 years for AOS interview. My mother's Greenville SC FO was close to a year without expedite.

 

I think the OP would have to weigh the benefit of having a green card earlier by XX months (depending on the OP's FO AOS processing time) versus having to repay a fresh new set of AOS fees for the DV AOS ($1140 + $85 biometric + $330 DV DOS fee)

 

IMO if one already has an I-485 pending and then wins the DV lottery, there's no point in continuing the DV processing

Many FOs have longer than a year normal processing time for AOS. That just won’t (can’t) happen with DV. Depending when they submit some people get through DV AOS in less than 2 months. Different FOs approach DV AOS in different ways (there are so few of them, 1000-1500 annually across the entire US), some of the FOs process as they receive them but some  FOs batch them so people submitting earlier in the FY at those FOs take longer than those who submit later. Regardless, the hard deadline means that mostly DV gets priority over other cases.
 

 

 

5 minutes ago, fs2439 said:

I dont know that my i140 will be approved, or approved without an rfe. 

 

I was just wondering if I could transfer the aos to the DV of selected and what that process is.

 

Personally, I think my question makes sense

As above, you can’t transfer it, you can file a parallel AOS if you get selected. Bear in mind you can only file DV AOS when your number is current (well, about 6 weeks before technically) so there’s also that wait. IF you get selected.

Edited May 25, 2020 by SusieQQQ

[fs2439 46]

48 minutes ago, SusieQQQ said:

Many FOs have longer than a year normal processing time for AOS. That just won’t (can’t) happen with DV. Depending when they submit some people get through DV AOS in less than 2 months. Different FOs approach DV AOS in different ways (there are so few of them, 1000-1500 annually across the entire US), some of the FOs process as they receive them but some  FOs batch them so people submitting earlier in the FY at those FOs take longer than those who submit later. Regardless, the hard deadline means that mostly DV gets priority over other cases.
 

 

 

As above, you can’t transfer it, you can file a parallel AOS if you get selected. Bear in mind you can only file DV AOS when your number is current (well, about 6 weeks before technically) so there’s also that wait. IF you get selected.

Interesting. You can transfer between employment cases, and I'm pretty sure you can transfer from employment to family... anyway, thank you!

[SusieQQQ 11,587]

21 minutes ago, fs2439 said:

Interesting. You can transfer between employment cases, and I'm pretty sure you can transfer from employment to family... anyway, thank you!

 

What is your source for this, if it’s possible to be done with DV too it will almost certainly be in the same part of the policy manual. So that’s where to look. I certainly know that for our green cards our DV ran in parallel to our existing family petition, but we didn’t AOS.

Edited May 25, 2020 by SusieQQQ