• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

Entering DV Lottery & Immigrant intent question

dma919

Registered Users (C)
Hello everyone,

Does entering electronic DV Lottery form count as immigrant intent or not?

I have read in many different places that winning a lottery does count as an immigrant intent, but my question is about entering not winning.

Does anyone know someone who had troubles getting non-immigrant visa (B1/B2 - guest visa) after entering electronic DV lottery form?

It looks like entering the old DV lottery (paper - not electronic) couldn't count as an immigrant intent since they just didn't open none-winning letters, but I am not sure how it works now since all entries are in electronic form, so that they know all names right away....

Also, DS-156 (none-immigrant B1/B2 visa application) has a question if anyone ever submitted an immigrant petition on your behalf. What should be the answer for it if you entered DV lottery?

Thanks.
 
Last edited by a moderator:
http://www.wolfsdorf.com/DVarticles/DV 2004 Update.pdf

When requesting benefits on Form DS-156, The Nonimmigrant Visa Application, the form asks: “Has anyone ever filed an immigrant visa petition on your behalf?” The DOS has determined that for lottery applicants, the correct answer to this question is “yes.”61

Failure to review the Form DS-156 carefully may have serious consequences for the unwary applicant and the uninformed practitioner. Although the question should not affect H and L applicants due to the doctrine of dual intent, as well as O and E applicants, a perceived desire to reside permanently in the United States may result in the refusal of issuance of the visa for B-1/B-2, H-3 and J-1 applicants.62

According to H. Edward Odom’s directive, “the fact that an alien has registered for the visa lottery may be taken into account (just as any other fact may be) by a consular officer when adjudicating a subsequent non-immigrant visa application. However, the Visa Office is of the opinion that the fact of registration, by itself, would not ordinarily be sufficient cause for visa denial and certainly is not an automatic bar to receipt of a subsequent non-immigrant visa(s).”63 Also, although a lottery applicant is not automatically barred from issuance of a nonimmigrant visa where INA § 214(b) applies, nor automatically prohibited from changing status to such a nonimmigrant visa or status, the willful misrepresentation of this fact before a Consular Officer or Immigration official, if combined with other factors so that it becomes material, could be grounds for refusal of a visa.

In a typical nonimmigrant visa application, a consular officer may give little or no weight to a lottery application, whereas an approved Form I-140, or Form I-130 immigrant petition may lend stricter scrutiny to the question of nonimmigrant intent. If, however, the applicant has been registered as a “winner” by the State Department, this will demonstrate a higher degree of immigrant intent and foreclose many nonimmigrant visa options.

This issue also arises when applying for a change of status or extension of stay in a visa category where nonimmigrant intent is an issue. Form I-539, Application to Extend/Change Nonimmigrant Status at Part 4(a) and (b) requests the following information: (a) Are you or any other person included in this application, an applicant for an immigrant visa? (b) Has an immigrant petition ever been filed for you, or for any other person included in this application? The immigration practitioner should keep in mind that an F-1 student may file a number of these applications throughout a long academic history if he/she changes from an English as a second language program to a bachelor degree program to a graduate school program and finally to a practical training program.

61 Letter from H. Edward Odom, Chief of Legislation and Regulations Division, Directorate for Visa Services to Stephen Yale-Loehr, Esq., (November 12, 1997), reprinted in 75 Interpreter Release App. VI (March 16, 1998).

62 For an in-depth study on nonimmigrant visa processing see Tien-Li Loke Walsh and Bernard P. Wolfsdorf, “Consular Processing: Practice Tips For The Unwary Practitioner in the Post IIRAIRA Era,” 20 Immigration Law Today 193 (April 2001).

63 Letter from H. Edward Odom, Chief of Legislation and Regulations Division, Directorate for Visa Services to Stephen Yale-Loehr, Esq., (November 12, 1997), reprinted in 75 Interpreter Release App. VI (March 16, 1998).
 

This is absolutely false information. Please do not mislead people.

I am telling from experience. ENTERING the DV Lottery does not show immigrant intent, but winning and filing and immigrant petition does. Plenty of people have been entering the DV lottery for many years, and they answer NO to "have you ever filed an immigrant visa petition" and successfully get tourist and student visas.

Again, to repeat = Entering DV Lottery is NOT filing an immigrant visa petition.
 
This is absolutely false information. Please do not mislead people.

I am telling from experience. ENTERING the DV Lottery does not show immigrant intent, but winning and filing and immigrant petition does. Plenty of people have been entering the DV lottery for many years, and they answer NO to "have you ever filed an immigrant visa petition" and successfully get tourist and student visas.

Again, to repeat = Entering DV Lottery is NOT filing an immigrant visa petition.

You have replied to a 6 year old post, to complain about false information. Ironically, although your main point is correct, your grammar means you are suggesting winning is immigrant intent. I think you mean filing after a win is the point where you declare immigrant intent...
 
You have replied to a 6 year old post, to complain about false information. Ironically, although your main point is correct, your grammar means you are suggesting winning is immigrant intent. I think you mean filing after a win is the point where you declare immigrant intent...

Sorry, yes. Filing the Immigrant Visa petition after winning the DV Lottery shows immigrant intent. Simply entering or even winning (but not filing a Immigrant Visa app) does not show immigrant intent.

But for the purposes of DS 160 - you have only "filed an Immigrant Visa Petition" if you have actually filed one.

I corrected the information because I've met many people who were afraid that they would not get a student or a tourist visa simply because they had entered the DV Lottery a few years ago. Hopefully, this post helps someone out there.
 
Hi there,

Long time lurker, first time poster so please be gentle :). I've read this thread and would like the genius forum members here to tell me if I've got this right. If you apply for the DV lottery and actually get a case number and then submit a DS-230, that implies showing immigrant intent? This is regardless of whether or not your case number becomes current?

I've read SusieQQQ's thread (the thread is called The MYTH that you can't visit US after sending forms to KCC) as my situation is more like her case. I have a B1/B2 visa back that was issued in 2011. I applied for the DV lottery and actually got through to the second stage for DV-2014 where I submitted my DS-230, but unfortunately my case number was too high. I'm now looking to apply for a new B1/B2 as my old one is about to expire. Am I going to have issues with obtaining a new B1/B2 because (as I've understood it), I showed immigrant intent with the submission of my DS-230? Oh and just to make it more complicated I've also been applying for every DV lottery since...

I'm sorry for the long ramble, I just wanted to give as much information as possible.

Thanks in advance!
 
Hi there,

Long time lurker, first time poster so please be gentle :). I've read this thread and would like the genius forum members here to tell me if I've got this right. If you apply for the DV lottery and actually get a case number and then submit a DS-230, that implies showing immigrant intent? This is regardless of whether or not your case number becomes current?

I've read SusieQQQ's thread (the thread is called The MYTH that you can't visit US after sending forms to KCC) as my situation is more like her case. I have a B1/B2 visa back that was issued in 2011. I applied for the DV lottery and actually got through to the second stage for DV-2014 where I submitted my DS-230, but unfortunately my case number was too high. I'm now looking to apply for a new B1/B2 as my old one is about to expire. Am I going to have issues with obtaining a new B1/B2 because (as I've understood it), I showed immigrant intent with the submission of my DS-230? Oh and just to make it more complicated I've also been applying for every DV lottery since...

I'm sorry for the long ramble, I just wanted to give as much information as possible.

Thanks in advance!

It is generally accepted that the point of declaring immigrant intent is the submission of the DS230 (DS260 nowadays). However that in itself does not mean you cannot successfully obtain a new B1/B2. In reality for most types of non immigrant visa the stance of the interviewer is to assume you have immigrant intent. The burden of proof is on you to prove that you will comply with the rules and not try to stay. You must therefore demonstrate ties to your home country that show you plan to return home after your temporary visit to the USA. So - the DS230 submission is one small piece of evidence that you were interested in obtaining a Green Card, but it does not mean case closed.
 
It is generally accepted that the point of declaring immigrant intent is the submission of the DS230 (DS260 nowadays). However that in itself does not mean you cannot successfully obtain a new B1/B2. In reality for most types of non immigrant visa the stance of the interviewer is to assume you have immigrant intent. The burden of proof is on you to prove that you will comply with the rules and not try to stay. You must therefore demonstrate ties to your home country that show you plan to return home after your temporary visit to the USA. So - the DS230 submission is one small piece of evidence that you were interested in obtaining a Green Card, but it does not mean case closed.
Well said. The many cases of adjustment of status have people who are already in us on non immigrant visas.
The burden of proofing non immigrant intention is an an opportunity
 
Thank you for the reply Britsimon. I suppose as I still have a home/all my family in Australia (my home country) then there shouldn't be any issue when it comes time to apply for the new visa. If I fill out an application form and it asks if I've ever attempted to migrate to America, I assume I would then have to say yes, but then go on to explain my story yes? I just don't want to get myself into any sort of trouble is all.

Thanks again!
 
Thank you for the reply Britsimon. I suppose as I still have a home/all my family in Australia (my home country) then there shouldn't be any issue when it comes time to apply for the new visa. If I fill out an application form and it asks if I've ever attempted to migrate to America, I assume I would then have to say yes, but then go on to explain my story yes? I just don't want to get myself into any sort of trouble is all.

Thanks again!

Yes - you must always be honest in your application forms...
 
Top