Submitting DSP-122 and DS-230 to KCC but never made the cut-off and Immigrant Intent
- Thread starter no_trying
- Start date
Britsimon
Super Moderator
OK - so here is my understanding - please read this carefully - and all the way to the end.
Entering the lottery is not considered a display of immigrant intent.
Being selected (and not yet sending in the forms) is not considered a display of immigrant intent.
Sending in the DSP-122 and DS-230 IS considered a display of having immigrant intent - even if you do not later attend an interview.
HOWEVER. When considering a future temporary visa application the interviewing officer is required to presume immigrant intent in all cases except in the case of an application for a "dual intent" visa application (such as H1 and a hew others). SO - it is up to the applicant to demonstrate ties to the home country that will convince the officer they will return "home" and not try to stay in the USA (legally or illegally). Having submitted the 122/230 forms does not automatically make that burden of proof harder or easier. It is purely one factor or evidence of something that they already were required to presume about you anyway! So - if you can prove ties to home (job, home, family etc) your DV win won't affect you.
During some temporary visa applications or processes you may be asked whether you have ever made a petition for a immigrant visa. The DS-230 is exactly that - an application for an immigrant visa, so you should always answer that question with a YES. However, simply saying yes to that won't disqualify you, but you are much better off telling the truth rather than telling them NO because you think it might affect you. In reality the COs will know something about the DV lottery and they will know that many people don't go ahead so for that reason it doesn't count against you...