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Chan18

Will Previous immigrant visa refusal affect the DV lottery visa interview?

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Filed: Other Country: Cambodia
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Hello there, 

 

I got refused of obtaining under 212(a)(6)(c) material misrepresentation for Fx1 visa 3-4 years ago. The officer told me that it was my dad’s side fault. Will it somehow affect the DV lottery interview if by any chance I get selected?

Edited by Chan18
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Material misrepresentation can be a permanent ban. So it depends on how it was recorded - as to whether it was you doing the misrepresentation or your father. Being selected in DV does not overcome general immigrant visa ineligibilities or inadmissibilities.  Right there in the instructions too: 


 

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2024-Instructions-Translations/DV-2024-Instructions.pdf


INELIGIBILITIES 
 
34.  As a DV applicant, can I receive a waiver of any grounds of visa ineligibility?  Does my waiver application receive any special processing?  
 
DV applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act (INA).  There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the INA, nor is there special processing for waiver requests.  Some general waiver provisions for people with close relatives who are U.S. citizens or Lawful Permanent Resident aliens may be available to DV applicants in some cases, but the time constraints in the DV program may make it difficult for applicants to benefit from such provisions. 

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Filed: Other Country: Cambodia
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25 minutes ago, SusieQQQ said:

Material misrepresentation can be a permanent ban. So it depends on how it was recorded - as to whether it was you doing the misrepresentation or your father. Being selected in DV does not overcome general immigrant visa ineligibilities or inadmissibilities.  Right there in the instructions too: 


 

https://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2024-Instructions-Translations/DV-2024-Instructions.pdf


INELIGIBILITIES 
 
34.  As a DV applicant, can I receive a waiver of any grounds of visa ineligibility?  Does my waiver application receive any special processing?  
 
DV applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act (INA).  There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the INA, nor is there special processing for waiver requests.  Some general waiver provisions for people with close relatives who are U.S. citizens or Lawful Permanent Resident aliens may be available to DV applicants in some cases, but the time constraints in the DV program may make it difficult for applicants to benefit from such provisions. 

Thanks for your reply. I was under 18 at that time. So was it likely to be recorded under my name or my father? 
 

if it was recorded that it was my dad’s side problem, will I have a chance of getting the visa or still be ineligible? 

Edited by Chan18
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15 minutes ago, Chan18 said:

Thanks for your reply. I was under 18 at that time. So was it likely to be recorded under my name or my father? 
 

if it was recorded that it was my dad’s side problem, will I have a chance of getting the visa or still be ineligible? 

Honestly, I have no idea. You’d need to find out from the embassy. I assume you would not be held at fault if you were a minor, but only they can tell you for sure what your status is.

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