Dv lottery visa Denial based on misplaced photos

[Dramer 0]

Greetings

I'm a winner of Dv lottery 2016..Had my interview on May 10th 2016 In US Embassy Abu dhabi UAE..the interview went smooth and i provided all the documents required abd paid the visa fees..but they found out that in the Electronic Entry i mixed photos...i put my wife photo for daughter and daughter photo (who is 2 years and 9 months) for my wife and i got disqualified .(Section 212(a)(5) A...which basically estates lack of photo..we have the photos but misplaced ..The consul compared the photos in the system with 3 of us and confirmed its our photos..she said the only issue is the misplacing )..As a principal applicant My photo is placed correctly, still 3 of us got rejected..we feel so disappointed as this could be our only opportunity to live in the US and we may never get it again in our life time , and its our only way out to live and raise our kids in a healthy environment .Please any hope to Reconnsider our case ??...does 212(a)5.A .apply for us ?.your help will be highly appreciated

Ps.Me and my wife are doctors and we have another daughter who is 18 months old child who is American Citizen

[Ontarkie 13,920]

Welcome to Visajourney, I'm going to move your post tot he Diversity Lottery section so you can get some help.

~~Moved to Diversity lottery visas, from Introduction.~~

[Dramer 0]

Thank you Ontarkie

[NigeriaorBust 4,087]

There is no appeal for denial on the DV interview. Unfortunately you will not get a second chance on this go round. Hopefully you are extremely lucky and win again.

[Boiler 43,575]

Your child can petition you at age 21.

[Harpa Timsah 13,258]

Can someone explain why mismatched photos would cause a denial? What is the accusation?

[Dramer 0]

Hello..thanks Harpa for ur contribution ...in the refusal form its written lacking of photo which makes sense...but in my case its mismatching and they are not the principal applicants

[Boiler 43,575]

Can someone explain why mismatched photos would cause a denial? What is the accusation?

When you apply for the DV there are certain requirements you need to meet which include a photo that meets the specifications.

Now obviously they can not check every entry for validity, I think they do check for duplicates.

Mismatched is probably misleading, they have in front of them Applicant A with a photo that does not meet the application requirements, so refused.

Ditto Application B.

There is no swap them over procedure.

[Harpa Timsah 13,258]

When you apply for the DV there are certain requirements you need to meet which include a photo that meets the specifications.

Now obviously they can not check every entry for validity, I think they do check for duplicates.

Mismatched is probably misleading, they have in front of them Applicant A with a photo that does not meet the application requirements, so refused.

Ditto Application B.

There is no swap them over procedure.

Huh. Procedural error leads to denial? That seems strict.

[Boiler 43,575]

Huh. Procedural error leads to denial? That seems strict.

DV is a one shot process and there is no appeal process.

I obviously have not been through the process but have seen other similar ish cases, where an agent has submitted them with wrong info or the photo was of them but did not meet specs

[Harpa Timsah 13,258]

DV is a one shot process and there is no appeal process.

I obviously have not been through the process but have seen other similar ish cases, where an agent has submitted them with wrong info or the photo was of them but did not meet specs

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.

[Elf 146]

Huh. Procedural error leads to denial? That seems strict.

Strict, yes, but unfortunately I think it's correct.

From 9 FAM 502.6-4 b 2 (emphasis mine)

(b) Photos: Photo specifications are detailed in the annual Diversity Visa (DV) Bulletin and also posted at the Department’s “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.

© Derivatives:

(i) Except as specified in paragraph ii below, entries must include the name, photograph, date and place of birth of the applicant’s spouse and all natural children, as well as all legally-adopted and stepchildren, who are unmarried and under the age of 21 as of the date of the initial entry, even if they are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with the applicant and/or will not immigrate with such applicant. Married children and children 21 years or older cannot qualify for the diversity visa on the basis of the parents’ application. Entries lacking all of the required information may be disqualified at any time prior to selection, after selection, or during the visa application process. Visa applications lacking all required information will be refused.

It sounds like they're regarding the mismatched photos as either invalid or missing.

Edited May 17, 2016 by Elf

[SusieQQQ 11,584]

It seems a very harsh decision for what is clearly a simple and obvious error but as above, the CO was within his/her ambit to refuse based on this. Such a pity - and unfortunately there is no appeal for consular decisions.

[SusieQQQ 11,584]

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.

You can indeed check all the info before submission. We entered for a family of four for 3 years - twice each year actually with each spouse as alternative applicants - and obsessively checked each time that the right photos were on the right forms. (That said I still think it's a harsh decision.) Edited May 17, 2016 by SusieQQQ

[Dramer 0]

Harpa said :

I just imagine a person uploading photos, one called IMG_209595 and another IMG_209596 and they pick the wrong one.

Well this is exactly what happend to me