Office of Inspector General Report on Lottery Fiasco

Posted on November 2, 2011

http://oig.state.gov/documents/organization/176330.pdf

Tags:Department of State DV-2012 Green Card Lottery Office of Inspector General Department of State

Case Studies

B’s situation shows the draconian nature of the 90 Day “Rule” and how far back the consul will look into a person’s visa history. Nearly two decades ago B traveled to the US to visit his sister and friends. During his visit, his sister asked him to help her at a place that she did volunteer work. This information came to light the next time he sought to enter the US, when CBP stopped him. Although CBP sent him home, it did not accuse him of lying about the nature of his visit when he had previously entered. But that did not stop the consul though. After B was refused a visitor’s visa on standard “lack of ties” grounds (214(b)), B’s US citizen daughter applied for his immigration. And it was at that immigrant visa interview that the consul decided to dig into what happened nearly 20 years ago. The consul imposed a permanent bar on B under Section 212(a)(6)(C)(i), finding that B had lied to the CBP officer when he arrived: that his true intent was to work with his sister on a B visa, that he did so within 90 days of his arrival, and this was “proof” that he had misrepresented his intention at the airport when he arrived. B’s daughter then contacted us. We then gathered evidence from his visit nearly 20 years ago to show that his intention at the time of his entry was to see his sister and friends; he did not make any misrepresentation when he arrived; and he did not “work.” After a protracted review of our submission, the 6Ci finding was removed and B received the IR-5 immigrant visa.

Case of B.C.

More case studies

Office of Inspector General Report on Lottery Fiasco

44 Reasons for a Student Visa Denial

Stop Fishing for Free Legal Advice: Why Complicated Cases Demand Real Consultations

The Clock Never Runs Out: Why You Should Challenge an Inadmissibility Finding Immediately