Author 2021-08-19

DV lottery visa refusal. Can I appeal it?

What should you do if you are not on the list of Green Card lottery winners? Or your number turned out to be the lucky one, but you were denied the diversity visa at the embassy interview?
What should you do if you are not on the list of the Green Card lottery winners? Or your number turned out to be the lucky one, but you were denied the diversity visa at the embassy interview? Let us tell you what to do in case of negative scenarios.

Can I dispute if I did not win the DV lottery?

The answer here is short: No, you cannot. DV Lottery winners are determined automatically by the program, and the chances of winning are 1:200 on average. If your number does not turn out to be a winner, you will not know the exact reasons. In that case you should be patient and try your luck in the next lottery. You can assess the odds of success in more detail at .

What if I won, but was not given a diversity visa?

Winning the Green Card lottery is not a guarantee of moving to the United States. You have one more important and difficult step to take: the interview at the U.S. embassy. According to statistics, only about 50,000 out of 80,000-100,000 winners make it to the end and actually get a green card.
The official reasons for refusal of an immigrant visa are as follows: (*) Having more than one entry to the lottery will disqualify you from winning. If the consular officer determines that your DV Lottery application was based on two or more entries (e.g., using different English transliterations of your name), you will be denied a visa without a right to appeal. (*) Applicant does not meet the education and employment requirements of the DV Lottery. Under DV Lottery law and regulations, each Applicant must have completed high school or, within the past five years, have two years of work experience requiring professional training. (*) If it is established that the applicant has entered into a fake marriage solely for the purpose of obtaining a visa, the visa will be denied.
But there are also unofficial reasons for refusing a green card, which have no clear criteria. The main one is that the visa officer may think that you will become a burden for the state. The Diversity Visa program is designed for active people who are able to support themselves, earn money and help the economy of the country.
The most frequent visa refusals happen with the following applicants: (*) Older winners (more than 50 years old). (*) Persons with insufficient financial cushion and assets. (*) Applicants with no knowledge of English. (*) Applicants who lack in-demand skills in the U.S. market or have limited work experience. (*) Those who are unlikely to find a job in the United States.
The good news is that you can appeal denials of lottery visa applications. You can do this if you did not violate the lottery rules and did not provide false information.
The applicant has a right to request a review of the case by submitting new documentation. In this case you must submit an Application for Waiver of Grounds of Inadmissibility. Do this by filling out the Form I-601 available at .
The I-601 application and supporting documentation must be submitted to the consular section of the embassy that issued the denial decision. The embassy sends the application to the appropriate U.S. Citizenship and Immigration Services office for review. If the application is denied, an appeal may be made to the Division of Administrative Appeals.
Note that if you are re-authorized for an interview, you will have to pay all the fees again.

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