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Mssrs. R, Y, K, K, and D each submitted entries for the DV–2018 Lottery during the registration period in the fall of 2016. They each had been divorced by an Uzbek court before the Lottery, so they indicated in their entries that they were divorced. Each of them was selected as a winner. After attending their interviews and presenting the court decisions as evidence of their divorce, they were advised by consular staff that they were being refused immigrant visas because they had not picked up their divorce certificates from the local registration office prior to submission of their entries: as a result, in the eyes of the Embassy, they were not officially divorced when they completed their Lottery entries. While the Uzbek law on divorce is ambiguous, it has been in effect since 2011. What is beyond dispute is that the issuance of a court decision renders the couple…

The case of Mr. B is illustrative of the consular tyranny prevailing in Tashkent and how Mr. Deeb has apparently impacted Department of State decisionmakers in formulating visa policy. Mr. B. has a high school diploma and thereby satisfies the Diversity Visa education requirements.[1] He is of Tajik background and grew up in Uzbekistan, where he learned the Uzbek language. Yet, when he attended his interview at the US Embassy in Tashkent, the consul tested not his knowledge of the Uzbek or Tajik languages, but his English- and Russian-language capabilities in violation of the State Department’s Foreign Affairs Manual: (b) A DV refusal must be based on evidence that the alien did not in fact obtain the required degree and not on your assessment of the alien’s knowledge level. You may not administer an exam, either oral or written, to test an applicant’s basic knowledge in order to determine whether…

As background, some information about the Diversity Lottery is in order. The State Department administers the Diversity Lottery program, which allows for individuals from low-immigration countries with a high-school education or its equivalent or certain work experience to qualify to immigrate to the United States.[1] Every year, more than 10 million individuals from all over the world participate, with approximately 100,000 selected to pursue the 50,000 visas available. The popularity of the Diversity Lottery extends to the citizens of Uzbekistan, a poor, predominantly Muslim country in Central Asia. The annual Lottery is held in three stages: 1) a registration period, in which individuals submit their entries (in the fall); 2) selection and notification of the winners (spring); and 3) visa interviews/adjustment of status process (starting on October 1), at which time nonrefundable processing fees are paid. For selectees processing overseas, they must receive immigrant visas by September 30, or before…

They call him The Tsar. And deservedly so. Who else can unilaterally, singlehandedly reinterpret Uzbek divorce law to deny numerous Uzbek Diversity Visa applicants? Who else can crush immigrant dreams using a variety of creative pretexts: disqualifying an applicant for failing to include a 3 day old baby (with no legal name) in a DV entry; a single woman for failing to include her nonexistent husband in her DV entry; a family for not including a second child in their entry, a child who was stillborn? Who else can have his staff ask a single woman applicant why she is not married or an infertile woman why she does not have more children? Who else can test an applicant’s knowledge of his third and fourth languages — i.e., not his native language and the language he learned in school — in black letter violation of the Department of State’s own…

You have rights. Yes, if you have been denied a visa, you have rights. The Department of State’s Customer Statement lists only some of those rights, as follow: We promise to you, the visa applicant, that: We will treat you with dignity and respect, even if we are unable to grant you a visa. We will treat you as an individual and your case as unique. We will remember that, to you, a visa interview may be a new or intimidating experience and that you may be nervous. We will use the limited time available for the interview to get as full a picture as possible of your travel plans and intentions. We will use our available resources to fairly assist all applicants to get appointments to allow travel in time for business, study, and other important obligations. We will post detailed and accurate information on visa requirements and application…