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STATE DEPARTMENT COMMENTS ON EFFECTS OF MINOR MISTAKES ON LOTTERY APPLICATIONS

In a letter from Ed Odom, Chief of the Advisory Opinions Division of the State Department's Directorate for Visa Services to Sean A. Ravin, an American Immigration Lawyers Association member in Arlington, Virginia, the State Department has advised that a minor mistake in the preparation of a green card lottery will not necessarily render a lottery application invalid. In the case specifically addressed, the lottery application, which was prepared by an attorney, listed the incorrect birthdate for the applicant. According to Odom:

"A consular officer who received a petition that contained a minor mistake because it was prepared by another person, is not compelled to find the alien ineligible for the Diversity Visa under the Immigration & Nationality Act (INA) Section 221(g) if that application was actually signed by the applicant."

Odom did note, however, that divergent biographical details are sometimes used to mask multiple lottery applications by a single individual, a practice which is clearly prohibited and can lead a person to be barred from being selected as a lottery winner.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

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Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
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