United States, 26th September: What should be done if US DV Lottery visa is refused?
Yes, we are discussing this issue in detail here now.
“What if the US DV Lottery visa is refused?”
Well, let us see the options available here now.
Consular non-reviewability doctrine—this is also known as consular non-reviewability. Under the US Immigration law, this doctrine maintains that the US courts don’t have the authority to know whether the decision by the CO(Consular Officer) to refuse a visa is accordance with the law or not. This means the applicant cannot challenge the decision even if the CO may be wrong.
Requesting a reconsideration—If, as per paragraph 22 CFR 42.81(e) by the Federal Regulations, a US Visa is refused, and the applicant(within one year from the refusal date) adduces further proof tending to overcome the ineligibility ground(on which the refusal is based), the case shall get reconsidered.
In such a scenario, there is no need of any additional application fee. And the consulate can’t turn a blind eye to it. They need to examine and decide the case.
Process for filing a Request for Reconsideration—Well, you need to file your request with the consulate telling about the visa refusal. The request for Reconsideration needs to be presented professionally. It needs to include all required legal arguments. In addition, it must have all documentary proof showing legal/factual mistakes committed by the CO.
You need to mention new facts and also support them through documentary proof or affidavits. Resubmission of evidence provided earlier or asserting a fact without any documentary proof may lead to failure of request.
Reconsideration Request in DV cases—As per the Regulations, you can bring the request within a period of one year(from the date of refusal). But, CO’s don’t have any authority to issue DV visas after 30th September of every fiscal year(since validity of US DV visas is up to 30th September of every fiscal year).