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US citizen family member was left out when filling the form for dv lottery

Spring Valley, NY |

i filled the dv lottery entry and it said on the instructions that i should not add a family member that is already a US citizen. i have a son which is F-2 and a daughter which is a US citizen. i won the lottery for further processing.
at the time of the interview the officer asked me if he is my only child so i said no, i have a daughter but she is a US citizen thats why i didnt include her. so the officer told me that this is a dis-qualifier because i was suppose to state all of my children. i showed the officer the instruction from the website that says TWICE that im not suppose to write any of my children that are US citizens. it looked like the officer was on my side and said that she will look into it and i will have the decision within 30-60 days. what are my chances to be approved?

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Attorney answers 2


Given the level of discretion involved, I would not even try to guess. You can only hope.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Whatever your chances for approval might be, they will nevertheless dramatically increase if you are represented by a competent & reputable immigration attorney to handle and "push" the DV cases for you.

The problem you are facing stems from the fact that you applied by yourselves, without the guidance of competent counsel. As you can see, those "Forms" are not as simple as you thought ; you couldn't even comprehend the most basic instructions, for the simple reason that they are confusing and sometimes even contradictory.

In any event, be advised that USCIS themselves do not fully grasp and comprehend the DV rules & regulations: as a supervisory adjudicating officer at the L.A. USCIS office admitted to me last week: "yes, we are a bit rusty, we only get these cases once a year.."
You cannot imagine the idiotic mistakes they made and how I had to repeatedly "push" the case through.. I consider each one of these DV cases as a near heart attack cliffhanger, simply because it is never over until the USCIS orders the immigrant visa number(s) from DOS and the clients receive their green cards in the mail..

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.