(iii) Unavailable
(i) (U) Except as specified in paragraph ii below, entries must include the name, photograph, date, and place of birth of the entrant's spouse and all natural children, as well as all legally adopted children and stepchildren, who are unmarried and under the age of 21 as of the date of the initial entry. All derivatives must be included even if the entrant is no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with the entrant and/or will not immigrate with such entrant. Married children and children 21 years or older cannot qualify for the DV based on the parent's application. Entries lacking all the required information may be disqualified at any time prior to selection, after selection, or during the visa application process.
(ii) (U) By regulation, entrants are not required to include spouses and children who are already U.S. citizens or LPRs on the entry. A failure to include on the entry spouses and children who are in fact U.S. citizens or LPRs does not affect the validity of the entry and does not constitute grounds for visa denial.
(iii) (U) You should deny the visa application of an applicant who failed to list on their DV program entry a spouse or child who was required to be listed. The appropriate basis of refusal is INA 204(a)(1)(I)(iii). This does not include a spouse or child who is a U.S. citizen or LPR, or who was acquired after the submission of the DV entry. The spouse of a principal applicant, if acquired after the initial DV entry and prior to the principal applicant's admission to the United States, or the child of a principal applicant, if the child was born after the DV program entry or is the child of a marriage which took place after the DV entry and prior to the principal applicant’s admission to the United States, although not named on the DV program entry (because the spouse/child relationship did not exist at the time), is entitled to derivative DV status. Beginning with the DV2020 applications and thereafter, you should also deny the application of any applicant who included an individual on their DV entry who was not a spouse or child at the time of DV entry. If post believes a case merits issuance despite apparent failure to comply with the DV entry instructions, you must request an AO from L/CA after refusing the case under INA 221(g).