incorrect foreign state of chargeability

[shoka 0]

hi, i am a winner of 2022, the matter is that the foreign state of chargeability is indicated incorrectly (Russia instead of Georgia). Have you had such experience. Now I am doing DS260 and wrote there the correct country. Will be any problem??? 

[milimelo 4,479]

Both fall under Europe, right? No problem. 

[shoka 0]

Russia and Georgia are not European countries and members of Europe, but they are neighbor countries.

[SusieQQQ 11,586]

11 minutes ago, shoka said:

Russia and Georgia are not European countries and members of Europe, but they are neighbor countries.

? The point is what they are listed under for DV. They are both classified as Europe (EU case numbers), so that’s what matters. 

[shoka 0]

Are you sure?? thank you so much.

[SusieQQQ 11,586]

Just now, shoka said:

Are you sure?? thank you so much.

Yes go look for yourself at the country list. Geez. 

[shoka 0]

Both countries are Europe region. I hope everything will be ok. 

[jan22 3,056]

10 hours ago, SusieQQQ said:

? The point is what they are listed under for DV. They are both classified as Europe (EU case numbers), so that’s what matters. 

I thought this changed with DV-2021 -- starting that year, the instructions say that an in correct country of eligibility "will" disqualify the entry.  Doesn't seem to be any discretion left to the officer.

[shoka 0]

Are you sure?? 

[shoka 0]

Does anyone know changes in DV2021 instructions on incorrect country of chargeability??? I was told that it is not problem if they under the same region. 

[shoka 0]

What do you advise me, shall I consult a lawyer?

[SusieQQQ 11,586]

5 hours ago, jan22 said:

I thought this changed with DV-2021 -- starting that year, the instructions say that an in correct country of eligibility "will" disqualify the entry.  Doesn't seem to be any discretion left to the officer.

Hm, I have seen no substantial change in the wording of the DV entry rules, other than the requirement to submit details of a valid passport at entry. That said I cannot currently find the clause in the consular manual that says entries can be treated the same if they are from the same region. I’m going to double check on where that should be. 
 

As a clarification, at issue is whether or not there is an unfair advantage in selection from the wrong country. As selection is done by region and not country, there is no difference in chances of being selected  from one country or the other. The caveat is if the actual country is one of the few that has so many applicants they are subject to the 7% cutoff. This is not the case for Georgia. 

[SusieQQQ 11,586]

2 hours ago, SusieQQQ said:

That said I cannot currently find the clause in the consular manual that says entries can be treated the same if they are from the same region. I’m going to double check on where that should be. 

fyi the clause where that was is now listed as “unavailable” (section 9 FAM 502.6-4 part 3) https://fam.state.gov/fam/09FAM/09FAM050206.html#M502_6_4 

i am not actually sure if this just means it is not publicly available anymore or if it is actually deleted. (Why would it still be listed if it was deleted?)

So OP is going to need to decide to whether or not to take the risk, maybe watch the forums for anyone else with the same issue.

[JeanneAdil 6,505]

Because there is a numerical limitation on immigrants who enter from a country or geographic region, each individual is charged to a country. Your chargeability refers to the country towards which limitation you count. Your country of eligibility will normally will be the same as your country of birth. However, you may choose your country of eligibility as the country of birth of your spouse, or the country of birth of either of your parents if you were born in a country in which neither parent was born, and in which your parents were not resident at the time of your birth. These are the only three ways to select your country of chargeability. Listing an incorrect country of eligibility or chargeability (i.e., one to which you cannot establish a valid claim) will make you ineligible for DV-2022

   

 

OP     Read the rest as it covers a lot of situations

 

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2022-Instructions-Translations/DV-2022-Instructions-English.pdf

 

page 8   under frequently asked questions

[shoka 0]

I have reviewed requirements on eligibility. I think I satisfy the requirement "you may choose your country of eligibility as the country of birth of your spouse". What do you think in this case? I should mention that I am gong to choose the consulate of US in Georgia, not in Russia for interview.