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U.S. State Department Lottery Update (28 October 1998): Update to June 3, 1998 Cable: Lottery Entries Disqualified if Dependent Details Missing 


Short summary: Update to the June 3, 1998 U.S. State Department cable regarding the appropriate course of action when lottery entries fail to provide accurate information.

R 280344Z OCT 98
FM SECSTATE WASHDC
TO ALL IMMIGRANT VISA PROCESSING POSTS
INFO NVC PORTSMOUTH 0105

Unclas State 199837

E.O. 12958: N/A
TAGS: CVIS
Subject: DV Dependent Details: Further Clarifications

Ref: 99 State 99723

1. Summary. Beginning with DV-99, NVC has been disqualifying the entries of anyone who fails to provide on his or her entry the required biographic details of spouse and dependents. Requests for clarification on dependent details disqualification have come in from the field. This cable responds to these requests. End summary.

2. DV regulations currently require the application to contain the names, dates and place of birth of any children. Normally, therefore, failure to include children on the petition is a basis for rejecting the petition for failure to meet the regulatory requirements. VO recognizes, however, that there may be cases where a child is omitted from a petition based on a reasonable misinterpretation of the instructions. Where there is a reasonable basis for erroneously failing to list the child, particularly if that child is not eligible to immigrate with the principal immigrant, VO believes that the petition should not be rejected solely on these grounds.

3. Based on the above, VO believes that failure to include adult children on the initial entry is not grounds for disqualification, as such children do not meet the definition of a child contained within the Immigration and Nationality Act. Additionally, entrants who argue that they failed to include children over the age of eighteen but under the age of twenty-one due to the mistaken assumption that children over the age of eighteen cannot be considered dependents, may also be processed.

4. Similarly, the failure to list American citizen children because of the applicant's assumption that only foreign-born dependents need be listed does not constitute grounds for disqualification. Such entries may be processed to conclusion.

5. However, applicants who argue that they failed to include a spouse or minor children due to a belief such members would not seek US Immigration benefits should be informed that the failure to include them on their initial entry mandates the disqualification of their DV petition. The requirements ask entrants to list spouse and all children - not only those children who wish to emigrate. Therefore, this argument does not constitute sufficient grounds for qualifying their entry.

Madeleine Albright