From time to time there are situations where bad information is published that I believe is detrimental to people’s chance. I addressed a couple of such cases by youtubers in a recent video. However, it is not only youtubers that create such confusion with bad information – just recently Curtis Morrison has done that with advice about unlocking the DS260. Now whilst I like and respect Curtis, I am certain he is incorrect in this case and the advice not to unlock is damaging. So – I am going to lay out my points here.
First here is the comment that Curtis made in relation to a question and answer from the AILA liaison meeting. This meeting is between the AILA staff (AILA being a governing body for American immigration lawyers) and the government.
Now below I have taken the screenshot and annotated it to show certain anomalies in the question and the answer that make me certain that neither the question nor the answer apply to DV cases.
One by one:
- Obviously not correct for DV. As many of you know you can ask KCC to unlock your DS260 to make adjustments.
- NVC – as most of you should know NVC have no part to play in the processing of DV cases.
- Wait one or two years?? No of course that doesn’t apply to DV.
- The government response again suggests DS260s cannot be reopened – again we know that is not true for DV cases.
- NVC again.
- Whilst there is debate about whether the government uses case number (as they have said in sworn testimony) or Processed date, there is NO DOUBT that the DS260 submission date is NOT used for prioritization. We have MANY examples of very early submissions that have not been processed. Submission date is important for other immigration cases (where it translates to priority date) but DV cases do not have a priority date.
- New Doc complete date Whilst this date is used for other types of immigration, the DV law is written in a way that prioritizes the Case number above all else. Now, as I have mentioned above, it is a debatable point BUT it is clear from the context that this point is about the priority date in other immigrant cases.
OK – so hopefully you can see that Curtis has misinterpreted this statement to being related to DV cases when it clearly is not about DV cases at all.
Now – let’s talk about whether unlocking is bad or not. I have actually written an article about this before. Basically, there are some situations when unlocking is the right thing to do, and some situations where you would not unlock.
- No need to unlock for very minor errors (for example a simple spelling mistake on an address, simple date inaccuracy on the education or residence history). With these errors they are unlikely to be impactful at all to your case even if left unchanged, but if you are at all concerned you can change these errors in the interview. In this category I also include changes in job, or completion of education. There is no need to unlock to update those things.
- Errors that should be changed as soon as possible. Examples of this would be mistakes in your name, date of birth and place of birth. Why are those things important? Because they are “identifying” data points. An error on these points could mean that your background checks are invalidated. I have known cases to be delayed and even refused for these important items because the CO took it to mean some sort of deliberate attempt to hide the identity of the applicant. In this category I also include significant changes or omissions of important information like history that shows you lived in another country not already listed. Also full history of social media would come into this category. Again, you do not want to give the impression you are trying to hide something.
- Changes in your personal status. Examples include marital status changes, adding a derivative through marriage or birth and so on. It is very important to make these changes as soon as possible because if you are adding or subtracting an applicant from the case you want to make sure any necessary processing of that person is complete and that they are allocated a visa when you get scheduled for an interview.
Now – does unlocking cause delay – we first be sure you need to unlock. If you do, unlock. Don’t consider the delay that “might” happen (and it does not always cause delay). Why – well because for the types of changes I suggest you unlock for in point 2 and 3 above the alternative could be denial or not getting the right number of visas for your family. I always say “Delay is better than Denial”.
Several people have pointed out a statement made in one of the court declarations as follows:
Now, even if we decide we are to trust that statement, we should note that it talks about unlocking after the case is deemed documentarily qualified. In other words if the case has not been processed yet, it would be unlikely to cause delay, and if the case has been processed you would still be wise to unlock for the scenarios I list in point 3 above (i.e. marital status changes and so on). Yes that could cause a delay, but it is still a wise idea in most cases.
So as for whether a delay will be caused, well that depends on how far your case has been processed. If the case has not been completely processed, there would be unlikely to be any delay in any case. But again, you are usually better to have a delay if the alternative is denial.
Keep in mind, this point needs to be considered along with your case number and how close your case is to being current. Later in the year, I do not recommend unlocking except where absolutely necessary. But if your case is nowhere near being current yet, then unlocking is not a problem.
Don’t forget that lawyers such as Curtis have only been interested in the DV lottery for the past 2 or 3 years and they have only seen dysfunctional years. For DV2023 and beyond I expect normal processing to return, so people should be a lot less concerned about unlocking. And it is for that reason I wanted to document this misunderstanding at this point as the situation will not be the same going forward as we have seen since 2020.
May 27, 2023 at 03:07
Hi Simon,
I am the 2024 Dv winner and I just submitted ds260 form. My case number 6xx. I made a mistake in my husband’s previous spouse field. I add the (date of order) on the date of marriage ended. Is it important to change date ( Marriage terminated date)? Can I unlock ds260 form?
May 27, 2023 at 11:19
Yes unlock and correct.
July 25, 2023 at 05:52
Hi Simon. I submitted my ds260 on the 24 of July the next day I realized that I had not filled in all the educational institutions I attended and on my primary occupation I said I a student bc since completed the university I hv not had any work. Should I request for an unlocked? And my case number is AF
2024 00005***
July 25, 2023 at 06:20
Since you have a low number, no.
May 28, 2023 at 14:29
Hi Simon, thanks for all the free support you give and the enormous patience you demonstrate when catering to the same questions over and over again.
My girlfriend of 14 years living together is a Frankfurt DV2024 CN:46k winner.
In today’s live stream on YouTube at 24:52 you start to talk about the option to file the DS260 first, then marry and then unlock it.
Since we’ve got our DS260 prepared and a wedding date set for 7/7 (in 40 days) we had thought it would be good to send it out right after, on the same day or the day after.
Everything else has either arrived or is on the way, we already got our vaccines checked and boosted.
Do we miss out on a chance which we might need with this case, if we opt to send it only once married instead of sending now for her only and unlocking later?
Somewhat extensive yet mostly not so exciting western travel history, both have had Global Entry as Germans for some years. GE approval took a while and actually got stuck and I had to ask them to get it going after more than a year, if I remember correctly. Some of the travel history of then no longer applies to the DS260. Latest I-94 entries were 3 days, 4 days, 10 days or so. Just trying to paint the picture that it might take some extra review time but that generally there shouldn’t be a hiccup once processed.
What advice can you give us? Thanks a lot!
May 29, 2023 at 08:40
It’s a shame you didn’t mention your case number. If you have a high case number then waiting to file the DS260 won’t delay at all. With a lower case number you should probably file then unlock once married.
June 5, 2023 at 02:44
Trank you Simon! I did actually. Maybe in an uncommon style?
“Frankfurt DV2024 CN:46k“
Meaning Frankfurt, DV 2024, Case Number: EU46XXX. Is it too early to give guidance for this CN? I understand it as middle ground to high for EU. Right now, even after reading your blog and explanations regarding the low risks for unlocking, we are gearing towards filing all at once on 7/7 since there is some controversy and uncertainty about it. Unlocking to correct a major mistake is an unavoidable necessity for which risk evaluations are not even helpful and a “go ahead and just do it” might be the right advice. Knowingly planning for unlocking and taking its risk (minor but potentially relevant for this CN) should be clearly outweighed by giving an advantage, i.e a higher chance of timely processing. What is your advice?
June 5, 2023 at 09:10
1. The unlocking “controversy” is a controversy between people that don’t know anything about the process and misread statements (we’ll call that group “the idiots” for reference) versus others who use data and logic to prove that there is no doubt that unlocking makes no difference (the “not stupid” group).
2. If I understand you correctly you are thinking it is better to submit later because unlocking itself causes some risk. The only risk that even the idiots believe exists is that your cases would lose it’s original place in line when you resubmit. That is the whole “controversy”. That would be the same position as submitting late anyway – so what on earth is there to even consider?
June 6, 2023 at 02:08
All right then, I obviously don’t want to be an idiot.
For our 2024 case EU47XXX you’d suggest then to go ahead now and file already, do I understand you correctly? It’s 31 days remaining until 7/7 today.
When would I then request to reopen and what are the response times expected? Would it be a good idea to request reopening 10 days prior to wedding so that it would be opened some 1-3 days before the wedding date so we can immediately file the correction?
Since we filled out my dependent DS260 already with what felt like a clever but tiring way of fighting and overcoming the system’s ridiculous hurdles and constraints to not complain or run out of time before being able to save each time we added a new location of residency, education or work I am asking myself the following:
Can we send both DS260s now and correct the wedding date after reopening instead of erasing me and adding me back later? Couldn’t that be understood as knowingly making a false statement since being married as of today is not a correct representation of the current reality?
Could this all be worth it?
Thanks Simon. Hope your kid didn’t flood the whole house yesterday. 😀
June 6, 2023 at 10:03
The point of early submission is that a backlog of cases builds up. It only takes a few weeks to process a DS260, but you could easily now find that your case will wait until October/November to be processed if you submit now. July submissions will be waiting until December/January.
So yes – I would submit now.
When you ask to unlock, in the early part of the year (until October/November) you could see a 1 month delay before getting a response to unlock. That delay will disappear by early next year.
Now – those timelines may or may not be a problem. We don’t know the numbers of selectees yet, so I can’t be sure of when you will be current, but it is likely to not be current until spring/summer of next year. That might make the submission date an academic exercise BUT I can’t be sure, hence the advice to submit.
Do not submit as married before you are married. Being truthful is important.
June 6, 2023 at 10:44
And yeah – I came out to a pretty large indoor swimming pool…
June 11, 2023 at 15:00
Hi again and thanks again! We’ve tried to delete me (the dependant) but this might not even be possible without asking for a manual edit. Even after correcting her DS260 to single I also remained and was still unable to delete the secondary DS260 on all overview screens where we both appear. I can only edit my DS260, not erase it.
I remember that it took a while, half an hour or so, to add myself, when we did that at the beginning of May. If I remember correctly, there was even an explanation that this would take some time as it required manual input. Maybe the inverse would also require manual input.
Do you have experience with a similar situation? Might I just be overseeing where to erase myself? I believe that I looked and tried thoroughly. If it would require contacting the KCC now to delete me and then contacting them again to add me again, my gut tells me to just file all at once in three weeks. What do you think?
June 12, 2023 at 09:35
You can’t delete a DS260 once started. One way or another you have talked yourself into waiting until married – so I guess that is what you will do.
June 4, 2023 at 00:57
Hi Simon,
I have a question based on the ‘Highest Level of Education Completed’ and ‘Degree, Diploma or Certificate received’ and unlocking the form for potential corrections.
I marked my Highest Level of Education as ‘Advanced Degree’ as I completed a Graduate Diploma (classed as postgraduate degree in Australia) after my University Degree.
For the question where you need to state whether it was a ‘Degree, Diploma or Certificate received’, I entered ‘Diploma’. Should I have answered it as ‘Graduate Diploma’? If so, will I need to unlock my DS-260 form and change it from ‘Diploma’ to ‘Graduate Diploma’ or is it a matter of mentioning this at the interview?
Kind regards,
Clare
June 4, 2023 at 09:50
This question is unimportant, no need to unlock for that.
June 12, 2023 at 01:13
Greetings Simon, thank you for the great effort man, i won the this year but there is an ongoing war in my country “Sudan” and i can’t translate, extract or get the official stamps from the department of foreign affairs, and the war is still going and the Ministries are closed, in your opinion what should I do? how to move?
Thank you very much
June 12, 2023 at 09:37
Read the reciprocity page where there is a clear statement about people in your situation. It is understood that you might not be able to get some documents. However, that doesn’t mean that they can’t deny you. So – do your best to establish identity, age and so on somehow
June 12, 2023 at 09:24
Hi Brits is any hope for interview July
June 12, 2023 at 10:32
Thanks my dear, but where is the reciprocity page? Pardon my ignorance 😔
June 12, 2023 at 10:34
You can access it by reading the instructions. Or even just google.
June 28, 2023 at 04:54
Hello, thanks for your contribution sir, but while i was doing the application I entered the right birth date, month and year but on my passport it came out while it was written badly i was born 03/nov & passport came as 11/ march and i already submitted the ds 260 on 1st june the thing is i have to request a new changed passport will i have to request them to unlock so i put the new passport number!? My CN 2024AF31k .. thanks
June 28, 2023 at 07:23
No you will not need to update the passport number, although you can do so if you prefer.
June 28, 2023 at 09:49
So that’s to say I don’t need to change my passport or i can update my passport but I don’t need to ask kcc to unlock my ds 260 !? Help me to understand clear sir
June 28, 2023 at 09:59
You don’t need to update the DS260 with the new passport number.
June 28, 2023 at 09:52
Because here if update a password they give u a new one which means it changes if i do it the number passport number in ds 260 will be different with the updated one …
July 18, 2023 at 00:05
hi simon i submit my ds 260 on june 30 and i made a mistake on my birth date on ds 260 i put 8 of may and on my passport may 7.one day difference shall ask unlock or change passport my case number is 20249k
July 18, 2023 at 01:01
Unlock and correct.
July 28, 2023 at 04:16
Hi Simon.
In the place of birth section I wrote Antalya to both section State and City.Should I unlock the form and write my municipality in the city section.
July 29, 2023 at 11:09
Antalya is a city – so that is fine.
July 29, 2023 at 13:02
DV2024 submitted ds260 in may, unlocked in july 2023 and resubmitted, will not cause problem?
July 30, 2023 at 10:38
No
August 9, 2023 at 12:37
Hi Simon!
We have a CN DV24/EU24k and submitted our forms in May.
I have just realized that we weren’t very accurate when filling out our educational institutions.
Our universities are correct but school education is probably not: instead of translating our schools’ names to English, we filled in abbreviated transliterations (e.g. instead of “High School 110” we put “GBOU SOSH 110” which is how it’s abbreviated in our country in our native language).
Should we unlock to fix that or try and change it at the embassy?
Thanks!
August 9, 2023 at 13:42
I don’t think you need to fix that. If there is any concern they will ask at the interview.
August 9, 2023 at 16:50
Thank you so much!
August 9, 2023 at 16:55
Hi simon,,
My case number is 2024AS14xxx from Iran.
In my DS260, I mentioned my place of residence Iran so the embassy for me which I have to go to for my interview,If I get the chance for one,is Ankara, Turkey.
My parents are living in Canada.
I and my son are Canadian citizens while my wife has Canada’s residency,so we move back and forth between Iran and Canada and we have a address there in Canada where my parents live too.
I submitted my DS260 on May 15 th.
My question is:
Should I ask KCC to unlock my form to change the place of residence to Canada and change my Embassy to Montreal,Canada to get more chance for interview when we are current?
Moreover,my address in USA has been changed too.
August 9, 2023 at 22:42
You would have a much better chance in Montreal. It will be at least 5 or 6 months before you are current, so sooner rather than later move there and update your address.
August 10, 2023 at 07:35
Thanks dear
August 22, 2023 at 13:20
Hi BritSimon. Thank you for all you do unpacking the DV lottery for us. My connection seems to have hung when I hit sent on previous post so I am not sure if my question had successfully sent. Please pardon me if this then comes as a duplicate question. I just wanted to confirm if it is necessary for me to request unlock for my children’s DS260 forms in order to update their passport numbers and expiration dates. The passports were valid in May when I submitted the DS260s. They expired early August and we have now obtained new ones for them. I am the selectee and my passport is still ok with an expiration of 2022. My children are aged 16 and 13. My CN is 2024AF104XXX. Thank you.
August 23, 2023 at 09:27
No, you can update that at the interview.
August 25, 2023 at 00:23
Thanks Simon.
August 23, 2023 at 22:46
Hi Simon,
2024AF41XXX here, filed my DS260 on May 7th.
About choosing the US Address where the Green Crad would be delivered to, the friends living there have moved. My question is, should I unlock my DS260 to update that information?
On a related topic, should the address I decide to have the green card delivered to be the same as the one I intend to occupy when I arrive?
should it be the same as my sponsor?
Appreciate it Simon!
August 24, 2023 at 09:25
No need to unlock – you can update at the interview.
It can be a different address.
August 27, 2023 at 11:37
Hi dear simon
Tnx for everything
My case number in 2024xxxx228 , and we have been invited for appointment on abu dhabi on october 9
Today we found that we had a mistake un my spouse ds260 , we forgot to add my wife’s previuse surname which has been changed before the birthday of my wife.
Should we request the embassy to unlock our form to edit and update it ?
August 27, 2023 at 12:44
No. You can email them if you want, but they will probably say to update it at the interview.
August 28, 2023 at 19:20
I only entered High School Diploma in DS260 form. I forget to enter My previous school grade 1 to 8 is different school. Should I unlock ds260 form?
August 28, 2023 at 22:10
If you have a low case number, no. If you have a high case number, then you might as well correct it.
September 12, 2023 at 06:07
I am a 2024 winner from Afghanistan and my case number is around 2024AS00002900.
My( derivative) husband before the 2021 serve in the military in the previous government in Afghanistan, after 2021, the government of Afghanistan fell into the hands of the Taliban regime, and now my husband is unable to prepare his military record because the Taliban regime is against the previous military.
Currently, he can prove his duty with his duty identity card.
When we read the website of the American Embassy in Afghanistan about supporting documents, they stated that the military documents of the Afghan government are invalid.
In your opinion, what problem will my husband’s lack of military documents cause during the interview, because the current conditions of the soldiers of the previous Afghan government are clear to the American government.
And what solution do you suggest?
Thankful
September 12, 2023 at 07:10
I don’t know for certain how that will be handled. Ultimately, it will be up to the CO.
September 12, 2023 at 14:14
Hi BritSimon,
Firstly, thank you so much for what you did. It’s really helpful. I wanted to ask a general question.
My wife (primary applicant) won the 2024 DV (2024AS9XXX) and submitted our DS-260 in May. My company offered me good role in US, and have asked me to apply for the L1 visa. I have received my L1 visa 2 weeks ago and have to relocate to US in next few days. However, my wife didn’t apply the L2 visa. Is that correct that this is an important information that I need to change in DS260? Do you know what is the implication of me having the L1 visa as I’m the dependent.
Thank you in advance for answering my question.
September 12, 2023 at 17:44
You have some options. The normal thing would be that she gets the L2 and you can both process adjustment of status in the USA.
But if you don’t want her to go to the States she can process via CP, and then you could fly back to join her for the interview.
An L1 is a dual intent visa by the way – so there is no negative consequences to worry about.
September 13, 2023 at 06:53
Hi Simon,
I sent the ds260 in July, and in August I signed up to Indeed, do I have to unlock and enter Indeed?
Thank you
September 13, 2023 at 10:55
No
September 13, 2023 at 23:58
Hello Mr. Simon
I am the winner of 2024 and my case number is around 2024AS000028xx
I unlocked my case twice to add social media and my high school education level information and the last unlock date was June 13, 2023
and my case have not became current yet.
Will my interview date be postponed or not?
September 14, 2023 at 18:53
Not by the unlocking.
September 23, 2023 at 19:54
Hello Everyone, my visa pending 221g response and my passport expires in 8 months, please let me know if i renew my passport and update ds260 will have any impact in my priority line
September 23, 2023 at 20:37
So I think you are telling me yours is a DV2023 case in 221g status. I that case your chance has gone. The government announced it has used all available visas and cannot issue any more. The program has ended for DV2023 cases.