Dv lottery visa Denial based on misplaced photos

[IcezMan_IcezLady 582]

I just imagine a person uploading photos, one called IMG_209595 and another IMG_209596 and they pick the wrong one. I hope that at least they have a page to confirm that it is the right person with a chance to fix it before submission. If that page went by and someone clicked confirm when it was wrong, I don't know what to say. But still too strict.

Harpa, actually they do. There is a Photo Validation that checks to make sure your picture meets the dimensions required. At, that stage, OP or the applicant should see the photo itself. I believe, OP may not have checked the information to make sure the ID# and the photo were for the same applicant.

[Dramer 0]

Ok ..let us say i did a mistake by mixing up the photo ..does section 212(a)(5)A which certification of labor apply in my case ?

[Dramer 0]

212(a)(5) Labor certification and qualifications for certain immigrants.-

(A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

(I) is a member of the teaching profession, or

(II) has exceptional ability in the sciences or the arts.

(iii) PROFESSIONAL ATHLETES-

(I) In general.-A certification made under clause (i) with respect to a professional athlete shall remain valid with respect to the athlete after the athlete changes employer, if the new employer is a team in the same sport as the team which employed the athlete when the athlete first applied for certification.

(II) Definition.-For purposes of subclause (I), the term "professional athlete" means an individual who is employed as an athlete by-

(aa) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or

(bb) any minor league team that is affiliated with such an association.

(iv) LONG DELAYED ADJUSTMENT APPLICANTS- A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.

[Boiler 43,534]

Certain visa categories require Labour Certification.

DV is not one of them so no.

[Dramer 0]

in the refusal sheet its writtren visa refused under section 212(a)5A..lacking of photo ..and my lawyer said its a wrong statement and he is goinh to contact the Embassy

[SusieQQQ 11,584]

They often use that category as a catch all for DV refusals even though it doesn't apply specifically to DV. Anyway good luck with the lawyer, hopefully he gets somewhere - unlikely to be on a technical basis as they can just change the refusal category to the correct one - but he will hopefully be able to convince someone it was an honest mistake and that they can make allowance for it.

[Dramer 0]

me as a principal applicant have the photo correct ...the benificiary photos are mixed up ..but still the photos are correct ...i just cant get it ...its giving me sleepless nights

[Dramer 0]

fam.gov.state

b) Photos: Photo specifications are detailed in the annual Diversity Visa (DV) Bulletin and also posted at the Departments travel.state.gov‟ website. The Department will disqualify entries lacking the required photos or including invalid photos. You must review the entry photo at the time of adjudication. If you determine that the photo on the entry is not that of the applicant, you may pursue a refusal under INA 212(a)(6)©. Otherwise, refuse the applicant under INA 212(a)(5)(A). The entry photograph may be viewed through the Consular Consolidated Database (CCD) under the Immigrant & Diversity section, DVIS Applicant report or on the eDV button on the Immigrant Visa Overseas system.

[Boiler 43,534]

Exactly

[Dramer 0]

Then the lawyer is wrong and they are right....

[Dramer 0]

Hello

can i submit a lawsuit against DOS as i was informed by a lawyer ?and how that gonna affect my visa and lottery in the future in case i fail and wanna reapply again

[Boiler 43,534]

Sounds like a scammy lawyer.

[NigeriaorBust 4,087]

no way a lawsuit will work. You presented someone other than the person in the photo submitted on the DV entry to recieve the visa.

[Dramer 0]

no way a lawsuit will work. You presented someone other than the person in the photo submitted on the DV entry to recieve the visa.

How come i presented somebody else ???as i said i mismatched the mother and daughter photos ...

[SusieQQQ 11,584]

How come i presented somebody else ???as i said i mismatched the mother and daughter photos ...

You do realize the only person who has told you you have a chance is the lawyer, who gets his money regardless of the fact that your lawsuit will fail before it's even off the ground. We realize you are sad and desperate. So does the lawyer, who will just make you sadder and poorer.