National 9 (Spotlight Weekly)

Visa Blues

Due to confusion about rules, many Nepalese complain of not getting visa even after they were awarded with the DV Lottery

By A CORRESPONDENT

Just as the date to apply for the DV 2006 neared end, there were lots of reports in Nepalese media regarding the problem faced by hundreds of visa aspirants who were denied visa even after winning the DV Lottery.

A number of people who were awarded the Immigrant Visa (Diversity Visa) have complained that they were not issued with the same by the American Embassy here. Some of the ‘victims’ had organized a press meet to inform about their problem. “When we did not get the visa even after abiding by the American rules and spending over Rs 2 lakh each, we decided to launch agitation,” said Rajendra Bastakoti, coordinator of the “DV Victims Central Working Committee”.

He informed that many people had even sold off their lands and properties in their efforts to get the visa. “We have approached the Foreign Ministry, American Embassy and human rights organization. But nobody helped us,” he added.

“We were compelled to hold this press meeting,” said another ‘victim’ Sangita Kharel. The victims have also announced their agitation program demanding compensation. The have raised two demands – either provide visa or provide adequate compensation to those who have already spent huge amount of money in the process. Otherwise, the victims said, they would engage in peaceful agitation by holding ‘silent rally’, ‘sit-in’, and so on.

Meanwhile, in response to allegations that the U.S. Embassy in Kathmandu has unjustly
refused immigrant visas to Diversity Visa "lottery" (DV) winners, the Embassy came out with a statement clarifying the DV program eligibility requirements.

According to the embassy, in the letter to each DV winner, the U.S. government clearly states in bold type: "Do not continue with this application if you do not meet the education or work experience requirements." It also clearly states: "Visa issuance cannot be guaranteed, even if you meet all the qualifications."

Second letters sent to those DV winners who are granted an appointment at the Embassy for a visa interview also clearly state in bold type: "You are advised not to make any travel arrangements for your departure from your country, nor to dispose of your properties or give up your job until the visa has been issued to you."

"It is incumbent upon all applicants and DV winners to read these letters and call for clarification if they do not understand the terms and conditions," the Embassy states.

According to the US Embassy, more than 4,500 Nepalis have immigrated to the United States in the last six years through the DV program. Each year the United States makes available 50,000 immigrant visas through the DV program to encourage diversity in those moving to the United States.

The U.S. Congress created the law that governs diversity visas and requires applicants to have at least 12 years of education or at least two years experience in select occupations. Applicants also must be able to financially support themselves and their families until they can find employment; in other words, they must prove they will not become a financial burden on the American people.

"The U.S. Embassy discourages people from applying for the DV "lottery" if they cannot meet these and other basic requirements, which are available at <http://travel.state.gov/visa/immigrants/types/types_1322.html> Winning the DV "lottery" does not guarantee an immigrant visa; it only ranks a person on the list of those available to be interviewed by a consular officer, who makes the final determination."

This year, too, thousands of Nepalese have applied for DV Lottery. But due to lack of awareness, many do so without knowing that they might not be eligible to get the visa in the end. Worse, many of them spend their hard-earned money (on travel arrangements and so on) before they get the visa. Some of them even fall victims of unscrupulous brokers who promise them of 'guaranteed visa' - which does not exist.

"The U.S. Embassy does not endorse third-party brokers for any type of visa. Brokers who promise an applicant an immigrant visa through the DV program are misleading their clients. The Embassy only requires the $435 in fees and does not encourage applicants to spend money on document or other facilitator services."

"The United States is pleased to offer these 50,000 diversity visas each year, and welcoming a successful applicant to the United States is one of a consular officer's most rewarding jobs. We are happy to be continuing the DV program in 2006 and look forward to thousands more Nepalis joining those who have successfully immigrated to our country through the diversity visa program," states the Embassy press release.