dv lottery visa denied

[Getachew 0]

Hi !,

My friend has been denied visa from wining a DV lottery. Here is the story. She applied for DV lottery and won the lottery. However, she was pregnant when she won the DV. She delivered her son in august. She applied for vis in April for herself. During the interview, questions were asked to her that “do you have child? She said yes. The Visa Counselor immediately disqualified her without further discussion and question. Please what can be done to have this case re-opened.

Any advice on this matter will be appreciated

Thank you

[SusieQQQ 11,584]

Why did she not add a ds260 for her child after it was born? Or send kcc the birth certificate when she emailed the documents ahead of interview scheduling? Had she updated her own DS260 to include the child after it was born?

Well- this is a difficult case because it seems she shouldn’t have been denied (if indeed that was the only reason) but there is no path of appeal for a consular decision. It seems to me the only thing she can do is write to the embassy explaining the situation and hope they reopen the case for her. 

[Going through 5,668]

Agree with the advice given above.

 

Only other thing that comes to mind is if she has any other children (before the baby she has now) and left them off the application?

[Getachew 0]

1 hour ago, SusieQQQ said:

Why did she not add a ds260 for her child after it was born? Or send kcc the birth certificate when she emailed the documents ahead of interview scheduling? Had she updated her own DS260 to include the child after it was born?

Well- this is a difficult case because it seems she shouldn’t have been denied (if indeed that was the only reason) but there is no path of appeal for a consular decision. It seems to me the only thing she can do is write to the embassy explaining the situation and hope they reopen the case for her. 

Thank you. In fact she didn't send the new born baby birth certificate to KCC and not updated her DS260. She become pregnant after her boyfriend forcefully raped her. He denied all things and even his fatherhood of the baby. She has a court case filed to give her baby for adoption. She hadn,t any plan to take him in USA. Her plan/dream was to start new life in USA after getting dv visa.She had appointment in court for 06 may 2019 to give the child for someone as legal guardian/adoptee. court case . I think, the court could finalize it on that date. Can this court document help her to verify her innocent or affect more her review application?

[SusieQQQ 11,584]

3 hours ago, Getachew said:

Thank you. In fact she didn't send the new born baby birth certificate to KCC and not updated her DS260. She become pregnant after her boyfriend forcefully raped her. He denied all things and even his fatherhood of the baby. She has a court case filed to give her baby for adoption. She hadn,t any plan to take him in USA. Her plan/dream was to start new life in USA after getting dv visa.She had appointment in court for 06 may 2019 to give the child for someone as legal guardian/adoptee. court case . I think, the court could finalize it on that date. Can this court document help her to verify her innocent or affect more her review application?

I’m sorry for her troubles, but whether or not she planned to take the child she should have updated her DS260 to show the child was born, the CO may have thought she was trying to conceal the child by arriving at interview 8 months or so after birth with a DS form showing no child. A court date in the future for adoption is not an “excuse”, and the DS has a question on whether the child is immigrating to which she would have answered no. Again, all she can try do is write to the embassy explaining it. There is no formal appeal process. 

Edited May 3, 2019 by SusieQQQ