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Winning 2016 DV lottery

G

Gadi

New Member
Hi,

I've applied for the 2016 DV lottery. I own 2 foreign passports from 2 different countries and applied the DV lottery through one of them. I am currently living in the US and am changing my status on the passport I did NOT apply through for the 2016 DV lottery.

My question is, what happens in case I win the DV lottery? Am I able to change my status in the US or would I have to departure out of the US and apply for an immigrant visa on the passport I have applied for the DV lottery (and that I haven't applied for any US visa on that specific passport)?

Both passports are eligible for enrolling the DV lottery.

Thanks!
 
It doesn't matter what passport you use as long as it is valid.
However, it is unlikely that "both passports are valid" for eligibility unless the one that is not from your birth country, is the same country as a spouse you can charge to. With very few exceptions, your eligibility is determined by your country of birth. Is that what you used to enter?
 
Eligibility is not based on what passport you hold or claim, it is based on your place of birth. So did you charge to your country/place of birth?
 
I entered with the passport of the country I was born. However, I enrolled through the passport I have acquired through my parents
 
My question is not about the enrollment but regarding the change of status I will have to do if I do win the lottery. Would I have to leave and interview for my other passport or can I just adjust my status?
 
Gadi said:
I entered with the passport of the country I was born. However, I enrolled through the passport I have acquired through my parents
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I'm not quite sure what it is you're trying to say here. AFAIK, no passport information is required when registering for the eDV.
 
Since I entered the US with passport X and have enrolled the lottery with passport Y - am I still able to adjust my status of staying in the US regarding the fact that my Y passport does not have any US visa.
 
Gadi said:
My question is not about the enrollment but regarding the change of status I will have to do if I do win the lottery. Would I have to leave and interview for my other passport or can I just adjust my status?
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You're basically confusing everyone with the way you're going on and on about enrolling with "the passport of the country" you're born - the passport is not the proof that will be used in determining place of birth, just so you know.

Anyway, it doesn't matter which passport you present for AOS should you be selected.
 
I understand. Just to clear out my concerns - when I enrolled to the DV lottery they asked what country am I enrolling the eligibility for (let's say Italy) and I was born in a different country (lets say France). Due to these facts - in case I will win the lottery - I will have to claim that I am a citizen of Italy and enroll as an Italian although my current US visa is on my French passport.

*These are not the countries I am actually from but I am trying to illustrate a situation
 
Gadi said:
I understand. Just to clear out my concerns - when I enrolled to the DV lottery they asked what country am I enrolling the eligibility for (let's say Italy) and I was born in a different country (lets say France). Due to these facts - in case I will win the lottery - I will have to claim that I am a citizen of Italy and enroll as an Italian although my current US visa is on my French passport.

*These are not the countries I am actually from but I am trying to illustrate a situation
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And this is precisely why we kept asking if you enrolled based in your country of birth, and to stop bringing in the issue of holding this or that passport.

Based on the scenario you've painted above, you are actually supposed to have enrolled/charged to France, since chargeability is based on country of birth! If you claimed eligibility through Italy (which is not the country of birth), you've charged to the wrong country. The fortunate thing for you in this case though is that because both countries fall under the EU, you will not be deemed to have gained an unfair advantage if selected and it will not lead to a disqualification. If the country of birth was under the AF or AS region for instance and you had selected a country under the EU region to charge to because you have that country's passport, it would have led to a disqualification at the time of your interview.

Anyway, if selected and you opt to process AOS, you will still need to present the passport you entered the U.S. with as you will need to present proof of a legal status before you can adjust status.
 
OK - as I was typing Mom explained what I was about to say - except that you have used Italy and FRance in your examples and they are not the actual countries. IF both the countries concerns are within the same region, you will be OK. If however the countries are in different regions you will most likely be disqualified. Of course - that is assuming you win at all.

Now - if you would at least tell us which two countries we are talking about we can help....
 
Gadi said:
I entered with the passport of the country I was born. However, I enrolled through the passport I have acquired through my parents
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I'm confused but I think you misunderstood my question - when I said "entered” I meant, entering the lottery.
But the posts above have explained it.

You will usually be ok if the two countries are in the same region - as long as there is no advantage by choosing the wrong one (which if they are the same region, would probably only be if your birth country case numbers are limited to below where you got drawn so relatively rare).

If you win...come back with real info! You don't need to hide your country!!
 
Detailed instructions of the DV-2016 lottery you entered (which you hopefully read and followed at the time):

"You must provide the following information to complete your E-DV entry:
1. Name – last/family name, first name, middle name – exactly as on your passport.
2. Birth date – day, month, year.
3. Gender – male or female.
4. City where you were born.
5. Country where you were born – Use the name of the country currently used for the place where you were born.
6. Country of eligibility for the DV Program – Your country of eligibility will normally be the same as your country of birth..."

Couldn't be much clearer - nowhere you were asked for issuing country(-ies) of your passport(s), citizenship etc. Good luck with the lottery, once you are being selected it would be advisable to follow-up and clarify the matter...
 
Thank you all for your kind responses.

Unfortunately, the 2 countries are not in the same region.

EURO2014 - Thanks for clarifying it - although I'm finding it hard to understand what is the difference between section 5 and section 6? Why would they ask twice the same question?
 
Gadi said:
Thank you all for your kind responses.

Unfortunately, the 2 countries are not in the same region.

EURO2014 - Thanks for clarifying it - although I'm finding it hard to understand what is the difference between section 5 and section 6? Why would they ask twice the same question?
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For most people 5 and 6 are the same. However, I was born in the UK which is ineligible so when I entered, I "charged" myself to Spain because my wife was born there. So - if 6 is different from 5 you need a reason for doing so - and mine was based on an allowed exception.
 
Britsimon said:
For most people 5 and 6 are the same. However, I was born in the UK which is ineligible so when I entered, I "charged" myself to Spain because my wife was born there. So - if 6 is different from 5 you need a reason for doing so - and mine was based on an allowed exception.
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I now understand better. Thank you very much!!
 
Gadi said:
Unfortunately, the 2 countries are not in the same region.
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That's a pity, as that will mean visa disqualification. You'd be advised here not to proceed if selected, but to enter again in October and this time be very sure to read the instructions, including the FAQs, closely.
 
SusieQQQ said:
That's a pity, as that will mean visa disqualification. You'd be advised here not to proceed if selected, but to enter again in October and this time be very sure to read the instructions, including the FAQs, closely.
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Isn't it wrong or illegal for one person to hold two valid passports ? Don't you have to declare the passport you already hold when applying for another ?
 
Joela said:
Isn't it wrong or illegal for one person to hold two valid passports ? Don't you have to declare the passport you already hold when applying for another ?
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There's nothing wrong or illegal in holding or having two valid passports from two different countries for someone who is a dual citizen as in this OP's case, and he's not required to declare to the 2nd country that he already has a passport from the 1st country.
 
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