Do consulates have access to previous DV entries

[mardar 5]

19 minutes ago, SusieQQQ said:

Please answer a different question, because i think you’re missing the crucial issue:

are the kids listed, at all, in the entry in which he got selected?

No the kids are not listed. He was selected this year DV2023 he applied by himself and he got selected. Will they ask him about the kids at the interview based on previous entries? 

[Vickys_Mom 225]

4 minutes ago, mardar said:

Will they ask him about the kids at the interview based on previous entries? 

The officer might, but then your friend would explain what happened. 

 

He was "telling the truth" as it was at the time of his previous application. 

 

He is now "telling the truth" as it is for his current application. 

 

Life changed.  No fraud, no misrepresentation.

 

Regards,

Vicky's Mom

[SusieQQQ 11,586]

13 minutes ago, mardar said:

No the kids are not listed. He was selected this year DV2023 he applied by himself and he got selected. Will they ask him about the kids at the interview based on previous entries? 

Yes, and unless they are over 21 he’ll be disqualified because he didn’t read the instructions and include them. The rules say:

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

–Listthe name,dateofbirth,gender,city/townofbirth,and country of birth for all living, unmarried children under 21 years of age, regardless of whether they are living with you or intend to accompany or follow to join you, should you immigrate to the United States.  Submit individual photographs of each of your children using the same technical specifications as your own photograph.   
Be sure to include: 
o alllivingnaturalchildren; 
o all living children legally adopted by you; and, 
o all living stepchildren who are unmarried and under the age of 21 on the date of your electronic entry, even if you are no longer legally married to the child’s parent, and even if the child does not currently reside with you and/or will not immigrate with you.   

 

[SusieQQQ 11,586]

9 minutes ago, Vickys_Mom said:

The officer might, but then your friend would explain what happened. 

 

He was "telling the truth" as it was at the time of his previous application. 

 

He is now "telling the truth" as it is for his current application. 

 

Life changed.  No fraud, no misrepresentation.

 

Regards,

Vicky's Mom

That misses the point that they needed to be listed on the application he was selected on and were  not. It’s disqualifying regardless what “kind” of children they were listed as before.

[SusieQQQ 11,586]

As I said before, I know of a case in Johannesburg some years back where someone was disqualified for exactly this reason  - and everyone was going “that’s a stupid rule, why do you have to list stepchildren if no longer married to the parent”?

so as it turns out - the reason for this rule is that as long as a de facto stepparent/stepchild relationship continues to exist after dissolution of the marriage, this is still a valid basis for an immigrant petition under US law as long as the step-relationship was created by marriage before the stepchild turned 18.

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

Stepparent/Stepchild Relationships After Termination of Marriage:  

(1)  A stepchild who has met the requirements to qualify as a “child” of the stepparent under INA 101(b)(1)(B) may continue to be entitled to immigration benefits, either as a principal or derivative applicant, from such marriage, even though the relationship between the natural parent and the stepparent has been terminated by legal separation, divorce, or by the death of the natural parent, provided the marriage was a valid marriage and the family relationship continues to exist as a matter of fact between the stepparent and stepchild.

[mardar 5]

25 minutes ago, SusieQQQ said:

As I said before, I know of a case in Johannesburg some years back where someone was disqualified for exactly this reason  - and everyone was going “that’s a stupid rule, why do you have to list stepchildren if no longer married to the parent”?

so as it turns out - the reason for this rule is that as long as a de facto stepparent/stepchild relationship continues to exist after dissolution of the marriage, this is still a valid basis for an immigrant petition under US law as long as the step-relationship was created by marriage before the stepchild turned 18.

 

https://fam.state.gov/fam/09FAM/09FAM010208.html

Stepparent/Stepchild Relationships After Termination of Marriage:  

(1)  A stepchild who has met the requirements to qualify as a “child” of the stepparent under INA 101(b)(1)(B) may continue to be entitled to immigration benefits, either as a principal or derivative applicant, from such marriage, even though the relationship between the natural parent and the stepparent has been terminated by legal separation, divorce, or by the death of the natural parent, provided the marriage was a valid marriage and the family relationship continues to exist as a matter of fact between the stepparent and stepchild.

Well he doesn’t have any contact whatsoever with their mother not with the kids. They will disqualify him because of step kids that he no longer have contact with? 
 

Is this a for sure thing that they will ask him about the step kids that are not listed in the current  application, or it’s up to the officer to ask? 

[SusieQQQ 11,586]

35 minutes ago, mardar said:

Well he doesn’t have any contact whatsoever with their mother not with the kids. They will disqualify him because of step kids that he no longer have contact with? 
 

Is this a for sure thing that they will ask him about the step kids that are not listed in the current  application, or it’s up to the officer to ask? 

I copied the rules word for word for you.

 

again:

o all living stepchildren who are unmarried and under the age of 21 on the date of your electronic entry, even if you are no longer legally married to the child’s parent, and even if the child does not currently reside with you and/or will not immigrate with you.   

They are very clear. The CO’s job is to ensure that the applicant has followed the instructions for all potentially disqualifying issues. This is one of them. They always ask about kids for anyone, and step kids for anyone with a previous marriage. Even without prior applications (which yes they’ll check) he’d be caught out. And he does not want to lie to a CO, because lying about something like this is at best material misrepresentation and in an instance where it is knowingly done to mislead a CO specifically to get a visa it is fraudulent misrepresentation. That’s a lifetime ban from the US.

Edited October 14, 2022 by SusieQQQ

[mardar 5]

5 minutes ago, SusieQQQ said:

I copied the rules word for word for you.

 

again:

o all living stepchildren who are unmarried and under the age of 21 on the date of your electronic entry, even if you are no longer legally married to the child’s parent, and even if the child does not currently reside with you and/or will not immigrate with you.   

They are very clear. The CO’s job is to ensure that the applicant has followed the instructions for all potentially disqualifying issues. This is one of them. They always ask about kids for anyone, and step kids for anyone with a previous marriage. Even without prior applications (which yes they’ll check) he’d be caught out. And he does not want to lie to a CO, because lying about something like this is at best material misrepresentation and in an instance where it is knowingly done to mislead a CO specifically to get a visa it is fraudulent misrepresentation. That’s a lifetime ban from the US.

I will let him know. Hopefully they won’t ask. Someone told me that they don’t go back to previous entries especially that he’s divorced now and the DS260 asks if he has any children. He wasn’t able to get pictures of the kids because he doesn’t have any contact with their mom I think USA is penalizing people and pushing them to lie if they ask about these kind of things. It’s insane to ask for step kids if you can’t even get passport photo of the kids because their mom decided to disappear.  

[JeanneAdil 6,511]

38 minutes ago, mardar said:

Well he doesn’t have any contact whatsoever with their mother not with the kids. They will disqualify him because of step kids that he no longer have contact with? 
 

Is this a for sure thing that they will ask him about the step kids that are not listed in the current  application, or it’s up to the officer to ask? 

will the CO ask?

that we don't know

but he divorced and has to provide divorce agreement so does it say anything about providing for the step children ?

 

if he gets thru this and has a visa,  he could at any time ,   be deported If this is disclosed 

or not be able to naturalize for the misrep

instuctions for dv lottery are clear

 

for my spouse visa i had to even list my sons (over 21) and in RFE send their birth certificates

 

USCIS is clear (and demanding ) on the paperwork we fill out or documents we provide

[JeanneAdil 6,511]

5 minutes ago, mardar said:

I will let him know. Hopefully they won’t ask. Someone told me that they don’t go back to previous entries especially that he’s divorced now and the DS260 asks if he has any children. He wasn’t able to get pictures of the kids because he doesn’t have any contact with their mom I think USA is penalizing people and pushing them to lie if they ask about these kind of things. It’s insane to ask for step kids if you can’t even get passport photo of the kids because their mom decided to disappear.  

but he could explain why he could not produce a photo

but there is no explanation for not listing them as it is clearly stated He is suppose to do that

 

I am sure the CO is able to and will pull up past DV lottery applications to compare / its all on the USCIS site electonically for them to see

computers don't forget things

Edited October 14, 2022 by JeanneAdil

[Crazy Cat 41,888]

 

1 hour ago, mardar said:

I will let him know. Hopefully they won’t ask. Someone told me that they don’t go back to previous entries especially that he’s divorced now and the DS260 asks if he has any children. He wasn’t able to get pictures of the kids because he doesn’t have any contact with their mom I think USA is penalizing people and pushing them to lie if they ask about these kind of things. It’s insane to ask for step kids if you can’t even get passport photo of the kids because their mom decided to disappear.  

Or, he could have just followed the written rules.  They can ask anything.  They are, normally, pretty through.  The USA did not "push him to lie".  

Edited October 14, 2022 by Crazy Cat

[Rocio0010 5,579]

42 minutes ago, mardar said:

think USA is penalizing people and pushing them to lie if they ask about these kind of things

How is asking a question pushing someone to lie?

[SusieQQQ 11,586]

1 hour ago, mardar said:

I will let him know. Hopefully they won’t ask. Someone told me that they don’t go back to previous entries especially that he’s divorced now and the DS260 asks if he has any children. He wasn’t able to get pictures of the kids because he doesn’t have any contact with their mom I think USA is penalizing people and pushing them to lie if they ask about these kind of things. It’s insane to ask for step kids if you can’t even get passport photo of the kids because their mom decided to disappear.  

What a load of BS to try justify the fact that he didn’t follow instructions. Suddenly it’s a different reason, that he couldn’t get pictures?

is he planning to lie under oath to a consular officer if they ask him about kids and step kids?
 

[mardar 5]

3 minutes ago, SusieQQQ said:

What a load of BS to try justify the fact that he didn’t follow instructions. Suddenly it’s a different reason, that he couldn’t get pictures?

is he planning to lie under oath to a consular officer if they ask him about kids and step kids?
 

If they ask him he will explain the situation. He wasn’t able to add the step kids without the pictures. Anyways I hope they won’t ask him about it. He does have a divorce decree that doesn’t mention anything about the kids because they weren’t his. 

[SusieQQQ 11,586]

Just now, mardar said:

If they ask him he will explain the situation. He wasn’t able to add the step kids without the pictures. Anyways I hope they won’t ask him about it. He does have a divorce decree that doesn’t mention anything about the kids because they weren’t his. 

You’re not understanding something basic here. They will go through the questions in the DS260 with him. Including the ones about kids. Being divorced is also a flag for asking about step kids, that’s how that guy in Joburg got found out - he just totally didn’t think he had to list them so got a nasty surprise.  Anyway, it’s only what $800 or so to spend between the visa fee and medical costs for him to find out. Make sure he doesn’t sell up before his interview.